As Introduced 1
123rd General Assembly 4
Regular Session H.B. No. 138 5
1999-2000 6
REPRESENTATIVES SCHUCK-BARRETT-BENDER-EVANS-FORD- 8
METELSKY-D.MILLER-SULLIVAN-SYKES-PRINGLE- 9
VAN VYVEN-VERICH-WINKLER-YOUNG 10
11
A B I L L
To amend sections 9.60, 125.04, 125.13, 733.40, 13
1547.79, 2929.18, 2949.092, 2949.111, 3375.50, 14
3375.51, 3375.52, 3702.11, 3729.17, 3737.66, 15
4501.02, 4501.11, 4513.263, 4513.99, 4765.01,
4765.02, 4765.03, 4765.05, 4765.06, 4765.07, 16
4765.09, 4765.10, 4765.11, 4765.15, 4765.16, 17
4765.30, 4765.32, 4765.35, 4765.37, 4765.38,
4765.39, 4765.40, 4765.50, 4765.55, 4766.02, 18
4767.08, 5502.01, and 5739.02 and to enact 19
sections 2949.093, 3702.161, 4765.04, 4765.12, 20
4765.41, and 4765.57 of the Revised Code to
provide quality assurance for trauma care and to 21
make other changes in the laws regarding 22
emergency medical services and fire services. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 9.60, 125.04, 125.13, 733.40, 27
1547.79, 2929.18, 2949.092, 2949.111, 3375.50, 3375.51, 3375.52, 28
3702.11, 3729.17, 3737.66, 4501.02, 4501.11, 4513.263, 4513.99, 29
4765.01, 4765.02, 4765.03, 4765.05, 4765.06, 4765.07, 4765.09, 30
4765.10, 4765.11, 4765.15, 4765.16, 4765.30, 4765.32, 4765.35, 31
4765.37, 4765.38, 4765.39, 4765.40, 4765.50, 4765.55, 4766.02, 32
4767.08, 5502.01, and 5739.02 be amended and sections 2949.093, 33
3702.161, 4765.04, 4765.12, 4765.41, and 4765.57 of the Revised 35
Code be enacted to read as follows:
2
Sec. 9.60. (A) As used in this section: 44
(1) "EMERGENCY MEDICAL SERVICE" AND "EMERGENCY MEDICAL 46
SERVICE ORGANIZATION" HAVE THE SAME MEANINGS AS IN SECTION 47
4765.01 OF THE REVISED CODE;
(2) "FIRE PROTECTION" MEANS THE USE OF FIREFIGHTING 49
EQUIPMENT BY THE FIRE DEPARTMENT OF A FIREFIGHTING AGENCY OR A 50
PRIVATE FIRE COMPANY, AND INCLUDES THE PROVISION OF AMBULANCE, 52
EMERGENCY MEDICAL, AND RESCUE SERVICES BY THOSE ENTITIES.
(3) "Firefighting agency" means a municipal corporation, 54
township, township fire district, joint ambulance district, joint 55
emergency medical services district, or joint fire district. 57
(2) "Private fire company" means any nonprofit group or 59
organization owning and operating firefighting equipment not 60
controlled by any firefighting agency. 61
(3) "Governing board" means the board of county 63
commissioners in the case of a county; the legislative authority 64
in the case of a municipal corporation; the board of trustees of 65
a joint ambulance district in the case of a joint ambulance 66
district; the board of trustees of a joint emergency medical 67
services district in the case of a joint emergency medical 68
services district; the board of township trustees in the case of 69
a township or township fire district; the board of fire district 70
trustees in the case of a joint fire district; and the board of 71
trustees in the case of a private fire company. 72
(4) "Fire protection" includes the provision of ambulance, 74
emergency medical, and rescue service by the fire department of a 75
firefighting agency or by a private fire company and the 76
extension of the use of firefighting apparatus or firefighting 77
equipment PRIVATE FIRE COMPANY" MEANS A NONPROFIT GROUP OR 80
ORGANIZATION OWNING AND OPERATING FIREFIGHTING EQUIPMENT NOT
CONTROLLED BY A FIREFIGHTING AGENCY. 81
(B) Any firefighting agency or, private fire company, OR 84
PUBLIC OR PRIVATE EMERGENCY MEDICAL SERVICE ORGANIZATION may
contract with any state agency or instrumentality, county, or 85
3
political subdivision of this state or with a governmental entity 86
of an adjoining state IN THIS STATE OR ANOTHER JURISDICTION to 87
provide fire protection OR EMERGENCY MEDICAL SERVICES, AS 88
APPROPRIATE, whether on a regular basis or only in times of 90
emergency, upon the approval of the governing boards of the 91
counties, firefighting agencies, political subdivisions, or 92
private fire companies or the administrative heads of the state 93
agencies or instrumentalities ENTITIES that are parties to the 95
contract.
(C) Any county, political subdivision, or state agency or 97
instrumentality GOVERNMENTAL ENTITY IN THIS STATE may contract 98
with a ANY firefighting agency of this state, a private fire 100
company, or a governmental entity of an adjoining state PUBLIC OR 101
PRIVATE EMERGENCY MEDICAL SERVICE ORGANIZATION OF THIS STATE OR 102
ANOTHER JURISDICTION to obtain fire protection OR EMERGENCY 103
MEDICAL SERVICES, AS APPROPRIATE, whether on a regular basis or 105
only in times of emergency, upon the authorization APPROVAL of 106
the governing boards of the counties, firefighting agencies, 107
political subdivisions, or private fire companies or 108
administrative heads of the state agencies or instrumentalities 109
ENTITIES that are parties to the contract. 110
(D) Any firefighting agency of this state or any, private 112
fire company, OR PUBLIC OR PRIVATE EMERGENCY MEDICAL SERVICE 113
ORGANIZATION may provide fire protection OR EMERGENCY MEDICAL 114
SERVICES, AS APPROPRIATE, to any state agency or instrumentality, 116
county, or political subdivision of this state, or to a 117
governmental entity of an adjoining state IN THIS STATE OR 118
ANOTHER JURISDICTION, without a contract to provide fire 119
protection OR EMERGENCY MEDICAL SERVICES, upon the approval of 120
the governing board of the firefighting agency or private fire, 122
company, OR ORGANIZATION and upon authorization of BY an officer 124
or employee of the firefighting agency providing the fire 125
protection, COMPANY, OR ORGANIZATION designated by THAT 126
INDIVIDUAL'S title of their, office, or position pursuant to the 127
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authorization of the governing board of the firefighting agency, 129
COMPANY, OR ORGANIZATION. 130
(E) Chapter 2744. of the Revised Code, insofar as it is 132
applicable to the operation of fire departments, applies to the 133
firefighting agencies and fire department members when such 134
members are rendering service outside the boundaries of the 135
firefighting agency pursuant to this section. 136
Fire department members acting outside the boundaries of 138
the firefighting agency by which they are employed OR EMERGENCY 140
MEDICAL SERVICE ORGANIZATIONS, APPLIES TO A POLITICAL SUBDIVISION 141
THAT IS OPERATING A FIRE DEPARTMENT OR EMERGENCY MEDICAL SERVICE 142
ORGANIZATION, AND TO THE MEMBERS OF THE FIRE DEPARTMENT OR 143
EMERGENCY MEDICAL SERVICE ORGANIZATION, WHEN THE MEMBERS ARE 144
RENDERING SERVICE PURSUANT TO THIS SECTION OUTSIDE THE BOUNDARIES
OF THE POLITICAL SUBDIVISION. 145
MEMBERS ACTING OUTSIDE THE BOUNDARIES OF THE POLITICAL 147
SUBDIVISION THAT IS OPERATING THE FIRE DEPARTMENT OR EMERGENCY 148
MEDICAL SERVICE ORGANIZATION may participate in any pension or 149
indemnity fund established by their employer THE POLITICAL 150
SUBDIVISION to the same extent as while acting within the 151
boundaries of the firefighting agency POLITICAL SUBDIVISION, and 152
are entitled to all the rights and benefits of Chapter 4123. of 154
the Revised Code, to the same extent as while performing service 155
within the boundaries of the firefighting agency POLITICAL 156
SUBDIVISION.
(F) A PRIVATE FIRE COMPANY OR PRIVATE, NONPROFIT EMERGENCY 158
MEDICAL SERVICE ORGANIZATION PROVIDING SERVICE PURSUANT TO THIS 160
SECTION TO A GOVERNMENTAL ENTITY IN THIS STATE OR ANOTHER 161
JURISDICTION HAS THE SAME IMMUNITIES AND DEFENSES IN A CIVIL 163
ACTION THAT A POLITICAL SUBDIVISION HAS UNDER SECTION 2744.02 OF
THE REVISED CODE. THE EMPLOYEES OF SUCH A FIRE COMPANY OR 164
EMERGENCY MEDICAL SERVICE ORGANIZATION HAVE THE SAME IMMUNITIES 165
AND DEFENSES IN A CIVIL ACTION THAT EMPLOYEES OF A POLITICAL 166
SUBDIVISION HAVE UNDER SECTION 2744.03 OF THE REVISED CODE. 167
5
Sec. 125.04. (A) Except as provided in division (C) of 176
this section, the department of administrative services shall 177
determine what supplies and services are purchased by or for 178
state agencies. Whenever the department of administrative 179
services makes any change or addition to the lists of supplies 180
and services that it determines to purchase for state agencies, 181
it shall provide a list to the agencies of the changes or 182
additions and indicate when the department will be prepared to 183
furnish each item listed. Except for the requirements of 184
division (B) of section 125.11 of the Revised Code, sections 185
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not 186
apply to or affect the educational institutions of the state. 187
The department shall not include the bureau of workers' 188
compensation in the lists of supplies, equipment, and services 189
purchased and furnished by the department. 190
Nothing in this division precludes the bureau from entering 192
into a contract with the department for the department to perform 193
services relative to supplies, equipment, and services contained 194
in this division for the bureau. 195
(B)(1) As used in this division, "political: 197
(a) "EMERGENCY MEDICAL SERVICE ORGANIZATION" HAS THE SAME 199
MEANING AS IN SECTION 4765.01 OF THE REVISED CODE. 200
(b) "POLITICAL subdivision" means any county, township, 203
municipal corporation, school district, conservancy district, 204
township park district, park district created under Chapter 1545. 205
of the Revised Code, regional transit authority, regional airport 206
authority, regional water and sewer district, or port authority. 207
"Political subdivision" also includes any other political 208
subdivision described in the Revised Code that has been approved 209
by the department to participate in the department's contracts
under this division. 210
(c) "PRIVATE FIRE COMPANY" HAS THE SAME MEANING AS IN 212
SECTION 9.60 OF THE REVISED CODE. 213
(2) The department of administrative services may permit a 215
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political subdivision, PRIVATE FIRE COMPANY, OR PRIVATE, 216
NONPROFIT EMERGENCY MEDICAL SERVICE ORGANIZATION to participate 217
in contracts into which the department has entered for the 219
purchase of supplies and services. Any THE DEPARTMENT MAY CHARGE 220
THE ENTITY A REASONABLE FEE TO COVER THE ADMINISTRATIVE COSTS THE 221
DEPARTMENT INCURS AS A RESULT OF PARTICIPATION BY THE ENTITY IN 222
SUCH A PURCHASE CONTRACT.
A political subdivision desiring to participate in such 225
purchase contracts shall file with the department a certified 226
copy of an ordinance or resolution of the legislative authority 227
or governing board of the political subdivision. The resolution 228
or ordinance shall request that the political subdivision be 229
authorized to participate in such contracts and shall agree that 230
the political subdivision will be bound by such terms and 231
conditions as the department prescribes and that it will directly 232
pay the vendor under each purchase contract. The department may 233
charge a political subdivision a reasonable fee to cover the 234
administrative costs the department incurs as a result of the 235
subdivision's participation in the purchase contract. Purchases 236
made by a political subdivision under this division are exempt 237
from any competitive selection procedures otherwise required by 238
law. No political subdivision shall make any purchase under this 239
division when bids have been received for such purchase by the 240
subdivision, unless such purchase can be made upon the same 241
terms, conditions, and specifications at a lower price under this 242
division A PRIVATE FIRE COMPANY OR PRIVATE, NONPROFIT EMERGENCY 243
MEDICAL SERVICE ORGANIZATION DESIRING TO PARTICIPATE IN SUCH 244
PURCHASE CONTRACTS SHALL FILE WITH THE DEPARTMENT A WRITTEN 245
REQUEST FOR INCLUSION IN THE PROGRAM SIGNED BY THE CHIEF OFFICER 246
OF THE COMPANY OR ORGANIZATION. THE REQUEST SHALL INCLUDE AN 247
AGREEMENT TO BE BOUND BY SUCH TERMS AND CONDITIONS AS THE
DEPARTMENT PRESCRIBES AND TO MAKE DIRECT PAYMENTS TO THE VENDOR 248
UNDER EACH PURCHASE CONTRACT. 249
The department shall include in its annual report an 251
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estimate of the cost it incurs by permitting political 252
subdivisions, PRIVATE FIRE COMPANIES, AND PRIVATE, NONPROFIT 253
EMERGENCY MEDICAL SERVICE ORGANIZATIONS to participate in 254
contracts pursuant to this division. The department may require 256
political subdivisions participating in contracts pursuant to 257
this division SUCH ENTITIES to file a report with the department, 258
as often as it finds necessary, stating how many such contracts 259
the political subdivisions participate ENTITIES PARTICIPATED in 260
within a specified period of time, and any other information the 262
department requires.
(3) PURCHASES MADE BY A POLITICAL SUBDIVISION UNDER THIS 264
DIVISION ARE EXEMPT FROM ANY COMPETITIVE SELECTION PROCEDURES 265
OTHERWISE REQUIRED BY LAW. NO POLITICAL SUBDIVISION SHALL MAKE 266
ANY PURCHASE UNDER THIS DIVISION WHEN BIDS HAVE BEEN RECEIVED FOR 267
SUCH PURCHASE BY THE SUBDIVISION, UNLESS SUCH PURCHASE CAN BE 268
MADE UPON THE SAME TERMS, CONDITIONS, AND SPECIFICATIONS AT A
LOWER PRICE UNDER THIS DIVISION. 269
(C) This section does not apply to supplies or services 271
required by the legislative or judicial branches, boards of 272
elections, the capitol square review and advisory board, the 273
adjutant general, to supplies or services purchased by a state 274
agency directly as provided in division (A) or (E) of section 275
125.05 of the Revised Code, to purchases of supplies or services 277
for the emergency management agency as provided in section 278
125.023 of the Revised Code, or to purchases of supplies or 279
services for the department of rehabilitation and correction in 280
its operation of the program for the employment of prisoners 281
established under section 5145.16 of the Revised Code that shall 282
be made pursuant to rules adopted by the director of 283
administrative services and the director of rehabilitation and 284
correction in accordance with Chapter 119. of the Revised Code. 285
The rules may provide for the exemption of the program for the 286
employment of prisoners from the requirements of division (A) of 287
this section.
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Sec. 125.13. (A) AS USED IN THIS SECTION: 296
(1) "EMERGENCY MEDICAL SERVICE ORGANIZATION" HAS THE SAME 299
MEANING AS IN SECTION 4765.01 OF THE REVISED CODE.
(2) "PRIVATE FIRE COMPANY" HAS THE SAME MEANING AS IN 301
SECTION 9.60 OF THE REVISED CODE.
(B) Except as otherwise provided in section 5193.03 303
5139.03 of the Revised Code, whenever a state agency determines 304
that it has excess or surplus supplies, it shall notify the 305
director of administrative services. Upon request by the 306
director and on forms provided by the director, the state agency 307
shall furnish to the director a list of all such excess and 308
surplus supplies and an appraisal of their value. 309
(B)(C) The director of administrative services shall take 311
immediate possession of a state agency's excess and surplus 312
supplies, except for those that have a value below the minimum 313
value the director establishes for excess and surplus supplies 314
under division (D)(E) of this section. The director shall 315
inventory excess and surplus supplies in the director's 317
possession and may have the supplies repaired. 318
(C)(D) The director may do either of the following: 320
(1) Dispose of declared surplus or excess supplies in the 323
director's possession by sale, lease, or transfer. If the 324
director does so, the director shall dispose of such supplies in 325
the following order of priority: 326
(a) To state agencies; 328
(b) To state-supported or state-assisted institutions of 330
higher education; 331
(c) To tax-supported agencies, municipal corporations, or 333
other political subdivisions of this state, PRIVATE FIRE 334
COMPANIES, OR PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE 335
ORGANIZATIONS;
(d) To the general public by auction, sealed bid, or 337
negotiation. 338
(2) If the director has attempted to dispose of any 340
9
declared surplus or excess motor vehicle that does not exceed 341
four thousand five hundred dollars in value pursuant to divisions 342
(C)(D)(1)(a) to (c) of this section, donate the motor vehicle to 344
a nonprofit organization exempt from federal income taxation 345
pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of 346
meeting the transportation needs of participants in the Ohio 347
works first program established under Chapter 5107. of the 348
Revised Code and participants in the prevention, retention, and 349
contingency program established under Chapter 5108. of the 350
Revised Code, the. THE director may not donate a motor vehicle 351
furnished to the state highway patrol to a nonprofit organization 352
pursuant to this division.
(D)(E) The director may adopt rules governing the sale, 354
lease, or transfer of surplus and excess supplies in the 355
director's possession by public auction, sealed bid, or 356
negotiation, except that no employee of the disposing agency 357
shall be allowed to purchase, lease, or receive any such 358
supplies. The director may dispose of declared surplus or excess 359
supplies, including motor vehicles, in the director's possession 361
as the director determines proper if such supplies cannot be 362
disposed of pursuant to division (C)(D) of this section. The 363
director shall by rule establish a minimum value for excess and 365
surplus supplies and prescribe procedures for a state agency to 367
follow in disposing of excess and surplus supplies in its 368
possession that have a value below the minimum value established 369
by the director.
(E)(F) No state-supported or state-assisted institution of 371
higher education, tax-supported agency, municipal corporation, or 372
other political subdivision of this state, PRIVATE FIRE COMPANY, 373
OR PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE ORGANIZATION 374
shall sell, lease, or transfer excess or surplus supplies 376
acquired under this section to private entities or the general 377
public at a price greater than the price it originally paid for 378
such supplies.
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Sec. 733.40. Except as otherwise provided in section 387
4511.193 of the Revised Code, all fines, forfeitures, and costs 388
in ordinance cases and all fees collected by the mayor, or which 389
in any manner come into his THE MAYOR'S hands, or which are due 390
such mayor or a marshal, chief of police, or other officer of the 392
municipal corporation, any other fees and expenses which have 393
been advanced out of the treasury of the municipal corporation, 394
and all money received by such mayor for the use of such 395
municipal corporation, shall be paid by him THE MAYOR into such 396
treasury on the first Monday of each month. At the first regular 398
meeting of the legislative authority each month, the mayor shall 399
submit a full statement of all money received, from whom and for 400
what purposes received, and when paid into the treasury. Except 401
as otherwise provided by sections 3375.50 to 3375.52 or 4511.99 402
of the Revised Code, all fines, and forfeitures collected by the 403
mayor in state cases, together with all fees and expenses 404
collected which have been advanced out of the county treasury, 405
shall be paid by him THE MAYOR to the county treasury on the 407
first business day of each month. Except as otherwise provided 408
by sections 3375.50 to 3375.52 or 4511.99 of the Revised Code, 409
all court costs and fees collected by the mayor in state cases 410
shall be paid by him THE MAYOR into the municipal treasury on the 412
first business day of each month.
This section does not apply to fines collected by a mayor's 414
court for violations of division (B) of section 4513.263 of the 415
Revised Code, or for violations of any municipal ordinance that 416
is substantively comparable to that division, all of which shall 417
be forwarded to the treasurer of state as provided in division 418
(E) of section 4513.263 of the Revised Code. 419
THIS SECTION DOES NOT APPLY TO ADDITIONAL COSTS COLLECTED 421
PURSUANT TO SECTION 2949.093 OF THE REVISED CODE, WHICH SHALL BE 422
ADMINISTERED AS PROVIDED IN THAT SECTION. 423
Sec. 1547.79. All fines, forfeitures, and penalties 432
arising from prosecutions, convictions, confiscations, or other 433
11
actions commenced by department of natural resources law 434
enforcement officers, including, but not limited to, wildlife 435
officers, park officers, and state watercraft officers under this 436
chapter or Chapter 1548. of the Revised Code, or commenced by
state watercraft officers under any law prohibiting the dumping 437
of refuse, trash, or litter into the waters in this state, shall 438
be paid to the director of natural resources and by him THE 439
DIRECTOR paid into the waterways safety fund established in 440
section 1547.75 of the Revised Code for the purposes provided in 441
sections 1547.55, 1547.67, 1547.71, and 1547.72 of the Revised 442
Code.
THIS SECTION DOES NOT APPLY TO ADDITIONAL COSTS COLLECTED 444
PURSUANT TO SECTION 2949.093 OF THE REVISED CODE, WHICH SHALL BE 445
ADMINISTERED AS PROVIDED IN THAT SECTION. 446
Sec. 2929.18. (A) Except as otherwise provided in this 455
division and in addition to imposing court costs pursuant to 456
section SECTIONS 2947.23 AND 2949.093 of the Revised Code, the 457
court imposing a sentence upon an offender for a felony may 459
sentence the offender to any financial sanction or combination of
financial sanctions authorized under this section or, in the 461
circumstances specified in section 2929.25 of the Revised Code, 462
may impose upon the offender a fine in accordance with that 463
section. If the offender is sentenced to a sanction of 464
confinement pursuant to section 2929.14 or 2929.16 of the Revised 465
Code that is to be served in a facility operated by a board of 466
county commissioners, a legislative authority of a municipal
corporation, or another governmental entity, the court imposing 467
sentence upon an offender for a felony shall comply with division 468
(A)(4)(b) of this section in determining whether to sentence the 470
offender to a financial sanction described in division (A)(4)(a) 471
of this section. Financial sanctions that may be imposed 472
pursuant to this section include, but are not limited to, the 473
following:
(1) Restitution by the offender to the victim of the 475
12
offender's crime or any survivor of the victim, in an amount 476
based on the victim's economic loss. The court shall order that 477
the restitution be made to the adult probation department that 478
serves the county on behalf of the victim, to the clerk of 479
courts, or to another agency designated by the court, except that 480
it may include a requirement that reimbursement be made to third 481
parties for amounts paid to or on behalf of the victim or any 482
survivor of the victim for economic loss resulting from the 483
offense. If reimbursement to third parties is required, the 484
reimbursement shall be made to any governmental agency to repay 485
any amounts paid by the agency to or on behalf of the victim or 486
any survivor of the victim for economic loss resulting from the 487
offense before any reimbursement is made to any person other than 488
a governmental agency. If no governmental agency incurred 489
expenses for economic loss of the victim or any survivor of the 490
victim resulting from the offense, the reimbursement shall be 491
made to any person other than a governmental agency to repay 492
amounts paid by that person to or on behalf of the victim or any 493
survivor of the victim for economic loss of the victim resulting 495
from the offense. The court shall not require an offender to 496
repay an insurance company for any amounts the company paid on 497
behalf of the offender pursuant to a policy of insurance. At 498
sentencing, the court shall determine the amount of restitution 500
to be made by the offender. All restitution payments shall be 501
credited against any recovery of economic loss in a civil action 502
brought by the victim or any survivor of the victim against the 503
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 505
this section, a fine payable by the offender to the state, to a 506
political subdivision, or as described in division (B)(2) of this 508
section to one or more law enforcement agencies, with the amount 509
of the fine based on a standard percentage of the offender's 510
daily income over a period of time determined by the court and 511
based upon the seriousness of the offense. A fine ordered under 512
13
this division shall not exceed the statutory fine amount 513
authorized for the level of the offense under division (A)(3) of 514
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 516
this section, a fine payable by the offender to the state, to a 517
political subdivision when appropriate for a felony, or as 518
described in division (B)(2) of this section to one or more law 520
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 523
thousand dollars;
(b) For a felony of the second degree, not more than 526
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 529
thousand dollars;
(d) For a felony of the fourth degree, not more than five 532
thousand dollars;
(e) For a felony of the fifth degree, not more than two 535
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 538
reimbursement by the offender of any or all of the costs of 540
sanctions incurred by the government, including the following: 541
(i) All or part of the costs of implementing any community 544
control sanction;
(ii) All or part of the costs of confinement under a 547
sanction imposed pursuant to section 2929.14 or 2929.16 of the 548
Revised Code, provided that the amount of reimbursement ordered 549
under this division shall not exceed ten thousand dollars or the 550
total amount of reimbursement the offender is able to pay as 551
determined at a hearing, whichever amount is greater;. 552
(b) If the offender is sentenced to a sanction of 554
confinement pursuant to section 2929.14 or 2929.16 of the Revised 555
Code that is to be served in a facility operated by a board of 557
county commissioners, a legislative authority of a municipal 558
corporation, or another local governmental entity, one of the
14
following applies: 559
(i) If, pursuant to section 307.93, 341.14, 341.19, 561
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the 562
Revised Code, the board, legislative authority, or other local 563
governmental entity requires prisoners convicted of an offense 564
other than a minor misdemeanor to reimburse the county, municipal 565
corporation, or other entity for its expenses incurred by reason 566
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 567
the offender to reimburse the county, municipal corporation, or 568
other local governmental entity for the cost of the confinement. 569
In addition, the court may impose any other financial sanction 570
under this section.
(ii) If, pursuant to any section identified in division 572
(A)(4)(b)(i) of this section, the board, legislative authority, 574
or other local governmental entity has adopted a resolution or 576
ordinance specifying that prisoners convicted of felonies are not 577
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 579
the prisoner's confinement, the court shall not impose a 580
financial sanction under division (A)(4)(a) of this section that 581
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 582
the confinement, but the court may impose any other financial 584
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 586
of this section applies, the court may impose, but is not 587
required to impose, any financial sanction under this section. 588
(c) Reimbursement by the offender for costs pursuant to 591
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 594
violation of any provision of Chapter 2925., 3719., or 4729. of 595
the Revised Code, the sentencing court shall impose upon the 596
offender a mandatory fine of at least one-half of, but not more 597
15
than, the maximum statutory fine amount authorized for the level 598
of the offense pursuant to division (A)(3) of this section. If 599
an offender alleges in an affidavit filed with the court prior to 601
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 602
indigent person and is unable to pay the mandatory fine described 603
in this division, the court shall not impose the mandatory fine 604
upon the offender.
(2) Any mandatory fine imposed upon an offender under 606
division (B)(1) of this section and any fine imposed upon an 608
offender under division (A)(2) or (3) of this section for any 609
fourth or fifth degree felony violation of any provision of 610
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 611
to law enforcement agencies pursuant to division (F) of section 612
2925.03 of the Revised Code. 613
(3) For a fourth degree felony OMVI offense, the 617
sentencing court shall impose upon the offender a mandatory fine
in the amount specified in division (A)(4) of section 4511.99 of 619
the Revised Code. The mandatory fine so imposed shall be 620
disbursed as provided in division (A)(4) of section 4511.99 of 622
the Revised Code. 623
(4) Notwithstanding any fine otherwise authorized or 626
required to be imposed under division (A)(2) or (3) or (B)(1) of 627
this section or section 2929.31 of the Revised Code for a 628
violation of section 2925.03 or 2925.07 of the Revised Code, in 629
addition to any penalty or sanction imposed for that offense 630
under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 631
of the Revised Code and in addition to the forfeiture of property 633
in connection with the offense as prescribed in sections 2925.42 634
to 2925.45 of the Revised Code, the court that sentences an 636
offender for a violation of section 2925.03 or 2925.07 of the 637
Revised Code may impose upon the offender a fine in addition to 638
any fine imposed under division (A)(2) or (3) of this section and 640
in addition to any mandatory fine imposed under division (B)(1) 641
16
of this section. The fine imposed under division (B)(4) of this 642
section shall be used as provided in division (H) of section 643
2925.03 of the Revised Code. A fine imposed under division 644
(B)(4) of this section shall not exceed whichever of the 645
following is applicable:
(a) The total value of any personal or real property in 648
which the offender has an interest and that was used in the 649
course of, intended for use in the course of, derived from, or 650
realized through conduct in violation of section 2925.03 or 651
2925.07 of the Revised Code, including any property that 652
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 655
type described in division (B)(4)(a) of this section or if it is 656
not possible to ascertain whether the offender has an interest in 658
any property of that type in which the offender may have an 659
interest, the amount of the mandatory fine for the offense 660
imposed under division (B)(1) of this section or, if no mandatory 661
fine is imposed under division (B)(1) of this section, the amount 662
of the fine authorized for the level of the offense imposed under 664
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 667
section, the court shall determine whether the offender has an 668
interest in any property of the type described in division 669
(B)(4)(a) of this section. Except as provided in division (B)(6) 671
or (7) of this section, a fine that is authorized and imposed 672
under division (B)(4) of this section does not limit or affect 674
the imposition of the penalties and sanctions for a violation of 675
section 2925.03 or 2925.07 of the Revised Code prescribed under
those sections or sections 2929.11 to 2929.18 of the Revised Code 678
and does not limit or affect a forfeiture of property in 679
connection with the offense as prescribed in sections 2925.42 to 680
2925.45 of the Revised Code. 681
(6) If the sum total of a mandatory fine amount imposed 683
for a first, second, or third degree felony violation of section 684
17
2925.03 or a third degree felony violation of section 2925.07 of 686
the Revised Code under division (B)(1) of this section plus the 687
amount of any fine imposed under division (B)(4) of this section 689
does not exceed the maximum statutory fine amount authorized for 690
the level of the offense under division (A)(3) of this section or 691
section 2929.31 of the Revised Code, the court may impose a fine 693
for the offense in addition to the mandatory fine and the fine 694
imposed under division (B)(4) of this section. The sum total of 695
the amounts of the mandatory fine, the fine imposed under 696
division (B)(4) of this section, and the additional fine imposed 697
under division (B)(6) of this section shall not exceed the 699
maximum statutory fine amount authorized for the level of the 700
offense under division (A)(3) of this section or section 2929.31 701
of the Revised Code. The clerk of the court shall pay any fine 702
that is imposed under division (B)(6) of this section to the 703
county, township, municipal corporation, park district as created 705
pursuant to section 511.18 or 1545.04 of the Revised Code, or 706
state law enforcement agencies in this state that primarily were 707
responsible for or involved in making the arrest of, and in 708
prosecuting, the offender pursuant to division (F) of section 709
2925.03 of the Revised Code. 710
(7) If the sum total of the amount of a mandatory fine 712
imposed for a first, second, or third degree felony violation of 713
section 2925.03 or a third degree felony violation of section 714
2925.07 of the Revised Code plus the amount of any fine imposed 716
under division (B)(4) of this section exceeds the maximum 717
statutory fine amount authorized for the level of the offense 718
under division (A)(3) of this section or section 2929.31 of the 719
Revised Code, the court shall not impose a fine under division 720
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 723
the offender pursuant to division (A)(4)(a) of this section to 725
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 727
18
confine offenders pursuant to sanctions imposed under section 728
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 729
The treasurer of state shall deposit the reimbursements in the 730
confinement cost reimbursement fund that is hereby created in the 731
state treasury. The department of rehabilitation and correction 732
shall use the amounts deposited in the fund to fund the operation 733
of facilities used to confine offenders pursuant to sections 734
2929.14 and 2929.16 of the Revised Code. 735
(2) Except as provided in section 2951.021 of the Revised 737
Code, the offender shall pay reimbursements imposed upon the 738
offender pursuant to division (A)(4)(a) of this section to pay 740
the costs incurred by a county pursuant to any sanction imposed 741
under this section or section 2929.16 or 2929.17 of the Revised 742
Code or in operating a facility used to confine offenders 743
pursuant to a sanction imposed under section 2929.16 of the 744
Revised Code to the county treasurer. The county treasurer shall 745
deposit the reimbursements in the sanction cost reimbursement 746
fund that each board of county commissioners shall create in its 747
county treasury. The county shall use the amounts deposited in 748
the fund to pay the costs incurred by the county pursuant to any 749
sanction imposed under this section or section 2929.16 or 2929.17 750
of the Revised Code or in operating a facility used to confine 752
offenders pursuant to a sanction imposed under section 2929.16 of 753
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 755
Code, the offender shall pay reimbursements imposed upon the 756
offender pursuant to division (A)(4)(a) of this section to pay 758
the costs incurred by a municipal corporation pursuant to any 759
sanction imposed under this section or section 2929.16 or 2929.17 760
of the Revised Code or in operating a facility used to confine 761
offenders pursuant to a sanction imposed under section 2929.16 of 762
the Revised Code to the treasurer of the municipal corporation. 764
The treasurer shall deposit the reimbursements in a special fund 765
that shall be established in the treasury of each municipal 766
19
corporation. The municipal corporation shall use the amounts 767
deposited in the fund to pay the costs incurred by the municipal 768
corporation pursuant to any sanction imposed under this section 769
or section 2929.16 or 2929.17 of the Revised Code or in operating 770
a facility used to confine offenders pursuant to a sanction 771
imposed under section 2929.16 of the Revised Code. 772
(4) Except as provided in section 2951.021 of the Revised 774
Code, the offender shall pay reimbursements imposed pursuant to 775
division (A)(4)(a) of this section for the costs incurred by a 776
private provider pursuant to a sanction imposed under this 777
section or section 2929.16 or 2929.17 of the Revised Code to the 778
provider.
(D) A financial sanction imposed pursuant to division (A) 780
or (B) of this section is a judgment in favor of the state or a 781
political subdivision in which the court that imposed the 782
financial sanction is located, and the offender subject to the 783
sanction is the judgment debtor, except that a financial sanction 784
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 786
this section upon an offender who is incarcerated in a state 787
facility or a municipal jail is a judgment in favor of the state 788
or the municipal corporation, a financial sanction of 789
reimbursement imposed upon an offender pursuant to this section 790
for costs incurred by a private provider of sanctions is a 791
judgment in favor of the private provider, and a financial 792
sanction of restitution imposed pursuant to this section is a 793
judgment in favor of the victim of the offender's criminal act. 794
Once the financial sanction is imposed as a judgment, the victim, 795
private provider, state, or political subdivision may bring an 796
action to do any of the following:
(1) Obtain execution of the judgment through any available 799
procedure, including:
(a) An execution against the property of the judgment 802
debtor under Chapter 2329. of the Revised Code; 803
(b) An execution against the person of the judgment debtor 806
20
under Chapter 2331. of the Revised Code; 807
(c) A proceeding in aid of execution under Chapter 2333. 810
of the Revised Code, including: 811
(i) A proceeding for the examination of the judgment 814
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 815
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 818
judgment debtor under section 2333.28 of the Revised Code; 819
(iii) A creditor's suit under section 2333.01 of the 822
Revised Code.
(d) The attachment of the property of the judgment debtor 825
under Chapter 2715. of the Revised Code; 826
(e) The garnishment of the property of the judgment debtor 829
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 831
judgment debtor under section 1321.33 of the Revised Code. 833
(E) A court that imposes a financial sanction upon an 835
offender may hold a hearing if necessary to determine whether the 836
offender is able to pay the sanction or is likely in the future 837
to be able to pay it.
(F) Each court imposing a financial sanction upon an 840
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 842
enter into contracts with one or more public agencies or private 843
vendors for the collection of, amounts due under the financial 844
sanction imposed pursuant to this section or section 2929.25 of 845
the Revised Code. Before entering into a contract for the 846
collection of amounts due from an offender pursuant to any 847
financial sanction imposed pursuant to this section or section 848
2929.25 of the Revised Code, a court shall comply with sections 849
307.86 to 307.92 of the Revised Code. 850
(G) If a court that imposes a financial sanction under 853
division (A) or (B) of this section finds that an offender 854
satisfactorily has completed all other sanctions imposed upon the 855
21
offender and that all restitution that has been ordered has been 856
paid as ordered, the court may suspend any financial sanctions 857
imposed pursuant to this section or section 2929.25 of the 858
Revised Code that have not been paid. 859
(H) No financial sanction imposed under this section or 862
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 863
Sec. 2949.092. If a person is convicted of or pleads 872
guilty to an offense and the court specifically is required, 873
pursuant to section 2743.70 or, 2949.091, OR 2949.093 of the 875
Revised Code or pursuant to any other section of the Revised
Code, to impose a specified sum of money as costs in the case in 877
addition to any other costs that the court is required or 878
permitted by law to impose in the case, the court shall not waive
the payment of the specified additional court costs that the 879
section of the Revised Code specifically requires the court to 881
impose unless the court determines that the offender is indigent 882
and the court waives the payment of all court costs imposed upon 883
the offender.
Sec. 2949.093. (A)(1) IF A PERSON IS CONVICTED OF OR 886
PLEADS GUILTY TO ANY OFFENSE SPECIFIED IN DIVISION (C) OF THIS 888
SECTION OR IS CONVICTED OF OR PLEADS GUILTY TO A VIOLATION OF ANY 889
MUNICIPAL ORDINANCE THAT IS SUBSTANTIVELY COMPARABLE TO AN 890
OFFENSE SPECIFIED IN DIVISION (C) OF THIS SECTION, THE COURT 892
SHALL IMPOSE THE COSTS SPECIFIED IN DIVISION (D) OF THIS SECTION 893
IN ADDITION TO ANY OTHER COSTS THE COURT IS REQUIRED OR PERMITTED 894
BY LAW TO IMPOSE ON THE OFFENDER.
(2) IF A CHILD IS FOUND TO BE A DELINQUENT CHILD OR A 897
JUVENILE TRAFFIC OFFENDER FOR AN ACT WHICH, IF COMMITTED BY AN 898
ADULT, WOULD BE AN OFFENSE THAT IS SPECIFIED IN DIVISION (C) OF 899
THIS SECTION OR A VIOLATION OF ANY MUNICIPAL ORDINANCE THAT IS 900
SUBSTANTIVELY COMPARABLE TO AN OFFENSE SPECIFIED IN DIVISION (C) 902
OF THIS SECTION, THE JUVENILE COURT SHALL IMPOSE THE COSTS 903
SPECIFIED IN DIVISION (D) OF THIS SECTION IN ADDITION TO ANY 904
22
OTHER COSTS THE COURT IS REQUIRED OR PERMITTED BY LAW TO IMPOSE 905
ON THE DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER. 906
(B) ALL AMOUNTS COLLECTED PURSUANT TO DIVISION (A) OF THIS 909
SECTION SHALL BE PLACED IN AN ESCROW FUND, TRANSMITTED ON THE 910
FIRST BUSINESS DAY OF JANUARY AND JULY BY THE CLERK OF THE COURT 912
TO THE TREASURER OF STATE, AND DEPOSITED BY THE TREASURER OF 913
STATE INTO THE TRAUMA AND EMERGENCY MEDICAL SERVICES GRANTS FUND 914
CREATED BY SECTION 4513.263 OF THE REVISED CODE. INTEREST ON THE 916
ESCROW FUND PROVIDED FOR IN THIS DIVISION MAY BE RETAINED BY THE 917
CLERK OF THE COURT TO DEFRAY THE COST OF ADMINISTERING THIS 918
SECTION. THE ESCROW FUND AND INTEREST ON IT ARE NOT SUBJECT TO 919
APPROPRIATION OR REALLOCATION BY A COUNTY BUDGET COMMISSION OR 920
THE LEGISLATIVE OR EXECUTIVE AUTHORITY OF A COUNTY OR MUNICIPAL 921
CORPORATION. 922
(C) DIVISION (A) OF THIS SECTION APPLIES ONLY TO 925
VIOLATIONS OF SECTIONS 1547.07, 1547.08, 1547.09, 1547.10, 926
1547.11, DIVISION (I) OF SECTION 1547.111, SECTIONS 1547.12, 927
1547.13, 1547.131, 1547.14, 1547.15, 1547.16, 1547.18, 1547.19, 928
1547.21, 1547.22, 1547.24, 1547.25, 1547.251, 1547.26, 1547.27, 929
1547.28, 1547.29, 1547.38, 1547.39, 1547.40, 1547.41, 1547.69, 930
1547.92, DIVISIONS (A)(9)(b), (c), AND (d) OF SECTION 2901.01, 932
SECTIONS 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 933
2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.16, 934
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.11, 935
2907.02, 2907.03, 2907.05, 2907.06, SECTION 2907.12 AS REPEALED 936
BY AMENDED SUBSTITUTE HOUSE BILL NO. 445 OF THE 121st GENERAL 937
ASSEMBLY, SECTIONS 2909.02, 2909.03, 2909.06, 2909.07, 2909.08, 939
2911.01, 2911.02, 2911.11, DIVISIONS (A)(1), (2), AND (3) OF 940
SECTION 2911.12, SECTIONS 2917.01, 2917.02, 2917.03, 2917.13, 941
2917.31, 2917.32, DIVISIONS (A), (B)(1), (B)(2), (B)(3), AND (C) 943
OF SECTION 2919.22, SECTIONS 2919.25, 2921.03, 2921.04, 2921.05, 944
DIVISIONS (A)(12) AND (B) OF SECTION 2921.13, SECTION 2921.33, 945
DIVISION (B) OF SECTION 2921.331, SECTIONS 2921.34, 2921.35, 946
2921.36, 2923.12, 2923.121, 2923.122, 2923.123, 2923.13, 947
23
2923.131, 2923.15, 2923.16, 2923.161, 2923.17, 2923.19, 2923.20, 948
2923.21, 2923.211, 2925.02, 2925.03, 2925.04, 2925.05, 2925.11, 949
2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 950
2925.33, DIVISIONS (B)(1), (2), (3), (8), (9), (10), (12), AND 952
(14) OF SECTION 3715.52, SECTIONS 3716.02, 3716.11, 3719.05, 953
3719.06, 3719.07, 3719.08, 3719.13, 3719.16, 3719.161, DIVISIONS 954
(B), (C), (D), AND (E) OF SECTION 3719.172, SECTIONS 3719.30, 955
3719.31, 3719.32, 3719.33, DIVISIONS (B), (C), (D), AND (E) OF 956
SECTION 3737.51, SECTIONS 3737.61, 3737.62, DIVISION (A) OF 957
SECTION 3737.63, SECTION 3737.64, DIVISIONS (A) and (B) OF 959
SECTION 3737.65, SECTION 3737.66, DIVISION (D) OF SECTION 960
3737.73, SECTIONS 3741.07, 3743.60, 3743.61, 3743.63, 3743.64, 961
3743.65, 3743.66, 3749.09, 3751.04, 3761.12, 3761.16, 3767.29, 962
3773.05, 3773.06, 3773.07, 3773.21, 3773.211, 3791.05, 3791.06, 963
CHAPTER 4511., CHAPTER 4513., SECTIONS 4549.01, 4549.02, 964
4549.021, 4561.15, 4561.24, AND DIVISIONS (A) AND (B) OF SECTION 965
4561.31 OF THE REVISED CODE AND TO VIOLATIONS OF MUNICIPAL 967
ORDINANCES THAT ARE SUBSTANTIVELY COMPARABLE TO THE SECTIONS 968
SPECIFIED IN THIS DIVISION.
(D) THE AMOUNT OF THE ADDITIONAL COSTS TO BE IMPOSED UNDER 971
THIS SECTION ARE AS FOLLOWS:
(1) TWENTY-FIVE DOLLARS IF THE VIOLATION IS A FELONY; 973
(2) FIVE DOLLARS IF THE VIOLATION IS NOT A FELONY. 975
(E) NO PERSON SHALL BE PLACED OR HELD IN A DETENTION 978
FACILITY FOR FAILING TO PAY THE ADDITIONAL COSTS IMPOSED UNDER 979
THIS SECTION. WHEN A PERSON IS SUBJECT TO ADDITIONAL COSTS 980
IMPOSED UNDER THIS SECTION, THERE ARE OTHER COSTS TO BE TAXED IN 982
THE CASE, AND THE PERSON FAILS TO PAY THE ENTIRE AMOUNT OF THE
COSTS, THE COURT, IN DETERMINING WHICH OF THE COSTS THE PAYMENT 983
WILL BE APPLIED TO, SHALL GIVE PRIORITY TO PAYMENT OF THE COSTS 984
IMPOSED UNDER THIS SECTION UNTIL THOSE COSTS HAVE BEEN PAID IN 985
FULL. AS USED IN THIS DIVISION, "DETENTION FACILITY" HAS THE 987
SAME MEANING AS IN SECTION 2921.01 OF THE REVISED CODE. 988
Sec. 2949.111. (A) As used in this section: 998
24
(1) "Costs" means any court costs that the court requires 1,000
an offender to pay, any reimbursement for the costs of 1,001
confinement that the court orders an offender to pay pursuant to 1,002
section 2929.223 of the Revised Code, any fee for the costs of 1,004
electronically monitored house arrest that an offender agrees to
pay pursuant to section 2929.23 of the Revised Code, any 1,005
reimbursement for the costs of an investigation or prosecution 1,006
that the court orders an offender to pay pursuant to section 1,007
2929.28 of the Revised Code, or any other costs that the court 1,008
orders an offender to pay. 1,009
(2) "Supervision fees" means any fees that a court, 1,011
pursuant to section 2951.021 of the Revised Code and as a 1,012
condition of probation, requires an offender who is placed on 1,013
probation to pay for probation services or that a court, pursuant 1,014
to section 2929.18 of the Revised Code, requires an offender who 1,015
is under a community control sanction to pay for supervision 1,017
services.
(3) "Community control sanction" has the same meaning as 1,019
in section 2929.01 of the Revised Code. 1,020
(B) Unless the court, in accordance with division (C) of 1,022
this section, enters in the record of the case a different method 1,023
of assigning a payment toward the satisfaction of costs, 1,024
restitution, a fine, or supervision fees, if a person who is 1,025
charged with a misdemeanor is convicted of or pleads guilty to 1,027
the offense, if the court orders the offender to pay any
combination of costs, restitution, a fine, or supervision fees, 1,028
and if the offender makes any payment to a clerk of court toward 1,029
the satisfaction of the costs, restitution, fine, or supervision 1,030
fees, the clerk of the court shall assign the offender's payment 1,031
so made toward the satisfaction of the costs, restitution, fine, 1,032
or supervision fees in the following manner: 1,033
(1) If the court ordered the offender to pay any costs, 1,035
the offender's payment shall be assigned toward the satisfaction 1,036
of the costs until the court costs have been entirely paid, WITH 1,037
25
PRIORITY GIVEN TO THE SATISFACTION OF ANY COSTS IMPOSED UNDER 1,038
SECTION 2949.093 OF THE REVISED CODE. 1,039
(2) If the court ordered the offender to pay any 1,041
restitution and if all of the costs that the court ordered the 1,042
offender to pay, if any, have been paid, the remainder of the 1,043
offender's payment after any assignment required under division 1,044
(B)(1) of this section shall be assigned toward the satisfaction 1,045
of the restitution until the restitution has been entirely paid. 1,046
(3) If the court ordered the offender to pay any fine and 1,048
if all of the costs and restitution that the court ordered the 1,049
offender to pay, if any, have been paid, the remainder of the 1,050
offender's payment after any assignments required under divisions 1,051
(B)(1) and (2) of this section shall be assigned toward the 1,052
satisfaction of the fine until the fine has been entirely paid. 1,053
(4) If the court ordered the offender to pay any 1,055
supervision fees and if all of the costs, restitution, and fine 1,056
that the court ordered the offender to pay, if any, have been 1,057
paid, the remainder of the offender's payment after any 1,058
assignments required under divisions (B)(1), (2), and (3) of this 1,059
section shall be assigned toward the satisfaction of the 1,060
supervision fees until the supervision fees have been entirely 1,061
paid.
(C) If EXCEPT WITH REGARD TO COSTS IMPOSED UNDER SECTION 1,063
2949.093 OF THE REVISED CODE, IF a person who is charged with a 1,064
misdemeanor is convicted of or pleads guilty to the offense and 1,066
if the court orders the offender to pay any combination of costs, 1,067
restitution, a fine, or supervision fees, the court, at the time 1,068
it orders the offender to pay the combination of costs, 1,069
restitution, a fine, or supervision fees, may prescribe a method 1,070
of assigning payments that the person makes toward the 1,071
satisfaction of the costs, restitution, fine, or supervision fees 1,072
that differs from the method set forth in division (B) of this 1,073
section. If the court prescribes a method of assigning payments 1,074
under this division, the court shall enter in the record of the 1,075
26
case the method so prescribed. Upon the entry in the record of 1,076
the case of the method of assigning payments prescribed pursuant 1,077
to this division, if the offender makes any payment to a clerk of 1,078
court for the costs, restitution, fine, or supervision fees, the 1,079
clerk of the court shall assign the payment so made toward the 1,080
satisfaction of the costs, restitution, fine, or supervision fees 1,082
in the manner prescribed by the court and entered in the record 1,083
of the case instead of in the manner set forth in division (B) of 1,084
this section. 1,085
Sec. 3375.50. All fines and penalties collected by, and 1,094
moneys arising from forfeited bail in, a municipal court for 1,095
offenses and misdemeanors brought for prosecution in the name of 1,096
a municipal corporation under one of its penal ordinances, where 1,097
there is in force a state statute under which the offense might 1,098
be prosecuted, or brought for prosecution in the name of the 1,099
state, except a portion of such fines, penalties, and moneys 1,100
which, plus all costs collected monthly in such state cases, 1,101
equal the compensation allowed by the board of county 1,102
commissioners to the judges of the municipal court, its clerk, 1,103
and the prosecuting attorney of such court in state cases, shall 1,104
be retained by the clerk of such municipal court, and be paid by 1,105
him THE CLERK forthwith, each month, to the board of trustees of 1,106
the law library association in the county in which such municipal 1,108
corporation is located. The sum so retained and paid by the 1,109
clerk of the municipal court to the board of trustees of such law 1,110
library association shall, in no month, be less than twenty-five 1,111
per cent of the amount of such fines, penalties, and moneys 1,112
received in that month, without deducting the amount of the 1,113
allowance of the board of county commissioners to the judges, 1,114
clerk, and prosecuting attorney. 1,115
The total amount paid under this section in any one 1,117
calendar year by the clerks of all municipal courts in any one 1,118
county to the board of trustees of such law library association 1,119
shall in no event exceed the following amounts: 1,120
27
(A) In counties having a population of fifty thousand or 1,122
less, seventy-five hundred dollars and the maximum amount paid by 1,123
any of such courts shall not exceed four thousand dollars in any 1,124
calendar year. 1,125
(B) In counties having a population in excess of fifty 1,127
thousand but not in excess of one hundred thousand, eight 1,128
thousand dollars and the maximum amount paid by any of such 1,129
courts shall not exceed five thousand five hundred dollars in any 1,130
calendar year. 1,131
(C) In counties having a population in excess of one 1,133
hundred thousand but not in excess of one hundred fifty thousand, 1,134
ten thousand dollars and the maximum amount paid by any of such 1,135
courts shall not exceed seven thousand dollars in any calendar 1,136
year. 1,137
(D) In counties having a population of in excess of one 1,139
hundred fifty thousand, fifteen thousand dollars in any calendar 1,140
year. The maximum amount to be paid by each such clerk shall be 1,141
determined by the county auditor in December of each year for the 1,142
next succeeding calendar year, and shall bear the same ratio to 1,143
the total amount payable under this section from the clerks of 1,144
all municipal courts in such county as the total fines, costs, 1,145
and forfeitures received by the corresponding municipal court, 1,146
bear to the total fines, costs, and forfeitures received by all 1,147
the municipal courts in the county, as shown for the last 1,148
complete year of actual receipts, on the latest available budgets 1,149
of such municipal courts. Payments in the full amounts provided 1,150
in this section shall be made monthly by each clerk in each 1,151
calendar year until the maximum amount for such year has been 1,152
paid. When such amount, so determined by the auditor, has been 1,153
paid to the board of trustees of such law library association, 1,154
then no further payments shall be required in that calendar year 1,155
from the clerk of such court. 1,156
(E) This section does not apply to fines collected by a 1,158
municipal court for violations of division (B) of section 1,159
28
4513.263 of the Revised Code, or for violations of any municipal 1,160
ordinance that is substantively comparable to that division, all 1,161
of which shall be forwarded to the treasurer of state as provided 1,162
in division (E) of section 4513.263 of the Revised Code. 1,163
THIS SECTION DOES NOT APPLY TO ADDITIONAL COSTS COLLECTED 1,165
PURSUANT TO SECTION 2949.093 OF THE REVISED CODE, WHICH SHALL BE 1,166
ADMINISTERED AS PROVIDED IN THAT SECTION. 1,167
Sec. 3375.51. Fifty per cent of all moneys collected by a 1,176
county court accruing from fines, penalties, and forfeited bail, 1,177
unless otherwise distributed by law, shall be paid to the board 1,178
of trustees of the law library association of the county by the 1,179
county treasurer, upon the voucher of the county auditor within 1,180
thirty days after such moneys have been paid into the county 1,181
treasury by the clerk of the county court.
This section does not apply to fines collected by a county 1,183
court for violations of division (B) of section 4513.263 of the 1,184
Revised Code, or for violations of any municipal ordinance that 1,185
is substantively comparable to that division, all of which shall 1,186
be forwarded to the treasurer of state as provided in division 1,187
(E) of section 4513.263 of the Revised Code.
THIS SECTION DOES NOT APPLY TO ADDITIONAL COSTS COLLECTED 1,189
PURSUANT TO SECTION 2949.093 OF THE REVISED CODE, WHICH SHALL BE 1,190
ADMINISTERED AS PROVIDED IN THAT SECTION. 1,191
Sec. 3375.52. In each county of the state, all fines and 1,200
penalties collected by, and moneys arising from forfeited bail in 1,201
the court of common pleas and the probate court of such county, 1,202
for offenses and misdemeanors brought for prosecution in such 1,203
courts in the name of the state, shall be retained and paid 1,204
monthly by the clerk of such courts to the board of trustees of 1,205
the law library association. The total sums so paid therefrom 1,206
shall not exceed twelve hundred fifty dollars per annum, and when 1,207
that amount has been paid to such board, in accordance with this 1,208
section, then no further payments shall be required under this 1,209
section in that calendar year from the clerks of such respective 1,210
29
courts. 1,211
This section does not apply to fines collected by a court 1,213
of common pleas for violations of division (B) of section 1,214
4513.263 of the Revised Code, all of which shall be forwarded to 1,215
the treasurer of state as provided in division (E) of that 1,216
section. 1,217
THIS SECTION DOES NOT APPLY TO ADDITIONAL COSTS COLLECTED 1,219
PURSUANT TO SECTION 2949.093 OF THE REVISED CODE, WHICH SHALL BE 1,220
ADMINISTERED AS PROVIDED IN THAT SECTION. 1,221
Sec. 3702.11. The director of health shall adopt rules 1,231
establishing safety standards, quality-of-care standards, and 1,232
quality-of-care data reporting requirements for each of the 1,233
following: 1,234
(A) Solid organ and bone marrow transplantation; 1,237
(B) Stem cell harvesting and reinfusion; 1,240
(C) Cardiac catheterization; 1,243
(D) Open-heart surgery; 1,245
(E) Obstetric and newborn care; 1,248
(F) Pediatric intensive care; 1,251
(G) Operation of linear accelerators; 1,253
(H) Operation of cobalt radiation therapy units; 1,255
(I) Operation of gamma knives; 1,257
(J) TRAUMA CARE. 1,259
Sec. 3702.161. (A) AS USED IN THIS SECTION: 1,262
(1) "TRAUMA," "TRAUMA CARE," AND "TRAUMA CENTER" HAVE THE 1,264
SAME MEANINGS AS IN SECTION 4765.01 OF THE REVISED CODE. 1,267
(2) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01 1,270
OF THE REVISED CODE. 1,271
(3) "STABILIZE" AND "TRANSFER" HAVE THE SAME MEANINGS AS 1,274
IN SECTION 1753.28 OF THE REVISED CODE. 1,276
(B) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF 1,279
THIS SECTION, THE DIRECTOR OF HEALTH, AS REQUIRED UNDER SECTION 1,280
3702.11 OF THE REVISED CODE, SHALL ADOPT RULES FOR TRAUMA CARE. 1,282
THE RULES SHALL BE DEVELOPED IN ACCORDANCE WITH DIVISION (C) OF 1,283
30
THIS SECTION AND DO ALL OF THE FOLLOWING:
(1) ESTABLISH SAFETY AND QUALITY-OF-CARE STANDARDS FOR 1,285
HOSPITALS THAT PROVIDE TRAUMA CARE THAT ARE EQUIVALENT TO THE 1,287
STANDARDS USED BY THE AMERICAN COLLEGE OF SURGEONS TO VERIFY AND 1,289
CATEGORIZE THE LEVEL OF TRAUMA CENTERS;
(2) PROVIDE THAT A HOSPITAL THAT DOCUMENTS IT IS VERIFIED 1,292
AS A TRAUMA CENTER AT A PARTICULAR LEVEL BY THE AMERICAN COLLEGE 1,293
OF SURGEONS IS DEEMED TO MEET THE SAFETY AND QUALITY-OF-CARE 1,294
STANDARDS FOR TRAUMA CARE PROVIDED BY HOSPITALS AT THAT LEVEL; 1,295
(3) REQUIRE EACH HOSPITAL THAT PROVIDES TRAUMA CARE AND IS 1,297
NOT VERIFIED AS A TRAUMA CENTER BY THE AMERICAN COLLEGE OF 1,298
SURGEONS TO BE INSPECTED BY THE DIRECTOR OF HEALTH OR BY A 1,299
CONTRACTOR OF THE DEPARTMENT OF HEALTH THAT HAS APPROPRIATE 1,300
COMPETENCE AND INDEPENDENCE, AS PROVIDED IN DIVISION (B)(1) OF 1,301
THIS SECTION AND SECTION 3702.15 OF THE REVISED CODE, AT LEAST 1,302
ONCE EVERY THREE YEARS;
(4)(a) REQUIRE EACH HOSPITAL THAT IS VERIFIED AS A TRAUMA 1,305
CENTER BY THE AMERICAN COLLEGE OF SURGEONS TO PROMPTLY NOTIFY THE 1,307
DIRECTOR IF ITS VERIFICATION STATUS OR LEVEL CHANGES; 1,308
(b) REQUIRE EACH HOSPITAL THAT PROVIDES TRAUMA CARE UNDER 1,311
THE RULES ADOPTED UNDER THIS SECTION AND IS NOT VERIFIED AS A 1,312
TRAUMA CENTER BY THE AMERICAN COLLEGE OF SURGEONS TO PROMPTLY 1,314
NOTIFY THE DIRECTOR IF THERE IS A MATERIAL CHANGE IN ITS ABILITY 1,315
TO PROVIDE TRAUMA CARE AT THE LEVEL AT WHICH IT IS CATEGORIZED AS 1,316
A TRAUMA CENTER.
(5) REQUIRE EACH HOSPITAL THAT PROVIDES TRAUMA CARE UNDER 1,318
RULES ADOPTED UNDER THIS SECTION TO ADOPT AND FOLLOW WRITTEN 1,319
PROTOCOLS FOR PEER REVIEW AND QUALITY IMPROVEMENT OF TRAUMA CARE; 1,321
(6) PROVIDE FOR ALL OF THE FOLLOWING WITH REGARD TO 1,323
CERTIFICATES THAT EVIDENCE THE ELIGIBILITY OF HOSPITALS TO 1,324
PROVIDE TRAUMA CARE UNDER RULES ADOPTED UNDER THIS SECTION: 1,326
(a) STANDARDS AND PROCEDURES FOR ISSUANCE, RENEWAL, 1,328
SUSPENSION, AND REVOCATION OF CERTIFICATES; 1,330
(b) PROCEDURES FOR APPEALS REGARDING THE ISSUANCE, 1,332
31
RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES; 1,333
(c) REQUIREMENTS FOR THE MAINTENANCE AND DISPLAY OR 1,335
INSPECTION OF CERTIFICATES HELD BY TRAUMA CENTERS. 1,336
(C) IN DEVELOPING RULES PURSUANT TO THIS SECTION, THE 1,339
DIRECTOR OF HEALTH SHALL CONSULT AND COOPERATE WITH THE STATE 1,340
BOARD OF EMERGENCY MEDICAL SERVICES AND THE BOARD'S TRAUMA 1,341
COMMITTEE, AND THE DIRECTOR SHALL CONSULT APPROPRIATE MEDICAL, 1,342
HOSPITAL, AND EMERGENCY MEDICAL SERVICE ORGANIZATIONS. 1,343
(D) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF 1,346
THIS SECTION, EACH HOSPITAL THAT IS NOT CATEGORIZED AS A LEVEL I 1,347
OR LEVEL II TRAUMA CENTER UNDER THE RULES ADOPTED UNDER DIVISION 1,348
(B) OF THIS SECTION SHALL ADOPT AND COMPLY WITH BOTH OF THE 1,349
FOLLOWING:
(1) WRITTEN PROTOCOLS FOR EVALUATING, STABILIZING, AND 1,351
TRANSFERRING TRAUMA PATIENTS TO HOSPITALS IN CATEGORIES OF TRAUMA 1,353
CARE HIGHER THAN THAT OF THE TRANSFERRING HOSPITAL; 1,354
(2) A WRITTEN TRAUMA PATIENT TRANSFER AGREEMENT WITH ONE 1,357
OR MORE HOSPITALS IN EACH CATEGORY OF TRAUMA CARE HIGHER THAN 1,358
THAT OF THE TRANSFERRING HOSPITAL.
THE RULES FOR TRAUMA CARE ADOPTED BY THE DIRECTOR OF HEALTH 1,361
UNDER SECTION 3702.11 OF THE REVISED CODE MAY ESTABLISH MINIMUM 1,363
REQUIREMENTS FOR THE CONTENTS, MAINTENANCE, AND INSPECTION OF 1,364
TRAUMA PATIENT TRANSFER AGREEMENTS. THE RULES SHALL TAKE INTO 1,365
CONSIDERATION DIFFERENCES THROUGHOUT THIS STATE IN GEOGRAPHY AND 1,366
THE DISTRIBUTION OF HEALTH CARE RESOURCES. THE RULES SHALL NOT 1,367
REQUIRE THAT TRAUMA PATIENTS BE TRANSFERRED TO ANY PARTICULAR 1,368
HOSPITAL. 1,369
(E) AFTER THE RULES DESCRIBED IN THIS SECTION ARE ADOPTED, 1,372
THE FOLLOWING SHALL APPLY: 1,373
(1) NO HOSPITAL SHALL REPRESENT THAT IT CAN PROVIDE TRAUMA 1,376
CARE INCONSISTENT WITH ITS LEVEL OF CATEGORIZATION AS A TRAUMA 1,377
CENTER.
(2) NO HOSPITAL OR PHYSICIAN SHALL KNOWINGLY DO EITHER OF 1,379
THE FOLLOWING: 1,380
32
(a) ADMIT TO A HOSPITAL A PATIENT WHO REQUIRES TRAUMA CARE 1,383
THAT IS INCONSISTENT WITH THE HOSPITAL'S LEVEL OF CATEGORIZATION 1,384
AS A TRAUMA CENTER;
(b) TRANSFER TO ANOTHER HOSPITAL A PATIENT WHO REQUIRES 1,387
TRAUMA CARE THAT IS INCONSISTENT WITH THE OTHER HOSPITAL'S LEVEL 1,388
OF CATEGORIZATION AS A TRAUMA CENTER.
(F) HOSPITALS THAT PROVIDE TRAUMA CARE SHALL DO BOTH OF 1,390
THE FOLLOWING: 1,391
(1) COLLECT, MAINTAIN, AND REPORT TO THE STATE TRAUMA 1,393
REGISTRY INFORMATION AS REQUIRED IN RULES ADOPTED UNDER SECTIONS 1,394
4765.08 AND 4765.11 OF THE REVISED CODE; 1,396
(2) COLLECT, MAINTAIN, AND REPORT TO THE OHIO HEALTH DATA 1,398
CENTER, IN THE FORM AND MANNER PRESCRIBED BY THE DIRECTOR OF 1,399
HEALTH, INFORMATION ON THE QUALITY OF TRAUMA CARE NEEDED BY THE 1,400
DIRECTOR TO PERFORM THE QUALITY ASSURANCE FUNCTIONS REQUIRED BY 1,401
THIS CHAPTER.
THE DIRECTOR OF HEALTH AND THE STATE BOARD OF EMERGENCY 1,404
MEDICAL SERVICES SHALL CONSULT AND COOPERATE TO ELIMINATE 1,405
DUPLICATIVE AND INCONSISTENT DATA COLLECTION, MAINTENANCE, AND 1,406
REPORTING REQUIREMENTS FOR HOSPITALS IN RULES ADOPTED UNDER 1,407
SECTIONS 3702.11 AND 4765.11 OF THE REVISED CODE. 1,410
Sec. 3729.17. (A) Except as provided in division (C) of 1,419
this section, each health care provider rendering services to a 1,420
patient whose care is paid in whole or in part by a public health 1,421
care program shall report to the Ohio health care data center, in 1,422
the form and manner prescribed by the director of health, the 1,423
information listed in divisions (A)(1) and (2) of this section 1,424
for each such patient included within any category listed under 1,425
division (B) of this section. Any request involving quality data 1,426
shall be in accordance with section 3729.36 of the Revised Code. 1,427
(1) The severity of the patient's condition; 1,429
(2) The patient's outcome and the effectiveness of the 1,431
services rendered. 1,432
(B) The information specified in division (A) of this 1,434
33
section shall be reported for the following categories of 1,435
patients: 1,436
(1) Maternal and infant health patients; 1,438
(2) Intensive care unit patients; 1,440
(3) Long-term care patients; 1,442
(4) Patients with terminal illnesses; 1,444
(5) Patients with cardio-vascular disease; 1,446
(6) Patients receiving trauma care services; 1,448
(7) Patients with low back pain; 1,450
(8)(7) Any other category of patient selected by the 1,452
director that is one of the one hundred high priority diagnoses 1,453
and one hundred high priority medical procedures analyzed by the 1,454
center under section 3729.12 of the Revised Code. 1,455
(C) A health care provider is not required to report the 1,457
information required under division (A) of this section if the 1,458
information is reported by a provider to another state or local 1,459
governmental agency. In that case, the state or local agency 1,460
shall report the information required by division (A) of this 1,461
section to the data center in the form and manner prescribed by 1,462
the director. A health care provider or state or local 1,463
governmental agency also is not required to report the 1,464
information required under division (A) of this section if 1,466
reporting the information would violate a federal law or
regulation or any provision of the Revised Code. 1,467
Sec. 3737.66. No (A) AS USED IN THIS SECTION, 1,476
"FIREFIGHTING AGENCY" AND "PRIVATE FIRE COMPANY" HAVE THE SAME 1,477
MEANINGS AS IN SECTION 9.60 OF THE REVISED CODE. 1,478
(B) NO person shall call himself, hold himself out as 1,482
being, CLAIM TO THE PUBLIC TO BE or act as a fireman, volunteer 1,483
fireman, fire fighter FIREFIGHTER, volunteer fire fighter 1,485
FIREFIGHTER, member of a fire department, chief of a fire 1,486
department, or fire prevention officer unless at least one of the 1,487
following applies:
(A) He (1) THE PERSON is recognized as a fireman, 1,489
34
volunteer fireman, fire fighter FIREFIGHTER, volunteer fire 1,491
fighter FIREFIGHTER, member of a fire department, chief of a fire 1,493
department, or fire prevention officer by the fire marshal or has 1,494
received a certificate issued under former section 3303.07 or 1,495
section 4765.55 of the Revised Code evidencing his satisfactory 1,496
completion of a fire fighter FIREFIGHTER training program and has 1,497
been appointed by the GOVERNING board of fire district trustees, 1,499
township, or municipal corporation A FIREFIGHTING AGENCY or, in 1,500
the case of a volunteer fire fighter FIREFIGHTER, receives such a 1,501
certificate within one year after his appointment BY THE 1,502
GOVERNING BOARD OF A FIREFIGHTING AGENCY; 1,503
(B) He (2) THE PERSON is a member of a private fire 1,505
company as defined in division (A)(2) of section 9.60 of the 1,507
Revised Code and that company is providing fire protection in 1,508
accordance with division (B), (C), or (D) of section 9.60 of the 1,509
Revised Code.
Sec. 4501.02. (A) There is hereby created in the 1,518
department of public safety a bureau of motor vehicles, which 1,519
shall be administered by a registrar of motor vehicles. The 1,520
registrar shall be appointed by the director of public safety and 1,521
shall serve at the director's pleasure. 1,522
The registrar shall administer the laws of the state 1,524
relative to the registration of and certificates of title for 1,525
motor vehicles, and the licensing of motor vehicle dealers, motor 1,526
vehicle leasing dealers, distributors, and salespersons, and of 1,527
motor vehicle salvage dealers, salvage motor vehicle auctions, 1,528
and salvage motor vehicle pools. The registrar also shall, in 1,529
accordance with section 4503.61 of the Revised Code, take those 1,530
steps necessary to enter this state into membership in the 1,531
international registration plan and carry out the registrar's 1,533
other duties under that section. The registrar, with the 1,534
approval of the director of public safety, may do all of the 1,535
following:
(1) Adopt such forms and rules as are necessary to carry 1,537
35
out all laws the registrar is required to administer; 1,538
(2) Appoint such number of assistants, deputies, clerks, 1,540
stenographers, and other employees as are necessary to carry out 1,541
such laws; 1,542
(3) Acquire or lease such facilities as are necessary to 1,544
carry out the duties of the registrar's office. 1,545
The registrar shall give a bond for the faithful 1,547
performance of the registrar's duties in such amount and with 1,549
such security as the director approves. When in the opinion of 1,550
the director it is advisable, any deputy or other employee may be 1,551
required to give bond in such amount and with such security as 1,552
the director approves. In the discretion of the director, the 1,553
bonds authorized to be taken on deputies or other employees may 1,554
be individual, schedule, or blanket bonds. 1,555
The director of public safety may investigate the 1,557
activities of the bureau and have access to its records at any 1,558
time, and the registrar shall make a report to the director at 1,559
any time upon request. 1,560
All laws relating to the licensing of motor vehicle 1,562
dealers, motor vehicle leasing dealers, distributors, and 1,563
salespersons, and of motor vehicle salvage dealers, salvage motor 1,564
vehicle auctions, and salvage motor vehicle pools, designating 1,565
and granting power to the registrar shall be liberally construed 1,566
to the end that the practice or commission of fraud in the 1,567
business of selling motor vehicles and of disposing of salvage 1,568
motor vehicles may be prohibited and prevented. 1,569
(B) There is hereby created in the department of public 1,571
safety a division AN OFFICE of emergency medical services, which 1,572
shall be administered by an executive director of emergency 1,574
medical services appointed under section 4765.03 of the Revised 1,575
Code.
Sec. 4501.11. (A) There is hereby created in the state 1,584
treasury the security, investigations, and policing fund. 1,585
Notwithstanding section 5503.04 of the Revised Code, no fines 1,586
36
collected from or money arising from bonds or bail forfeited by 1,587
persons apprehended or arrested by state highway patrol troopers 1,588
shall be credited to the general revenue fund until sufficient 1,589
revenue to fund appropriations for the activities described under
division (B) of this section are credited to the security, 1,590
investigations, and policing fund. All investment earnings of 1,591
the security, investigations, and policing fund shall be credited 1,592
to that fund.
This division does not apply to fines for violations of 1,594
division (B) of section 4513.263 of the Revised Code, or to fines 1,595
for violations of any municipal ordinance that is substantively 1,596
comparable to that division, which fines shall be delivered to 1,597
the treasurer of state as provided in division (E) of section 1,598
4513.263 of the Revised Code.
THIS DIVISION DOES NOT APPLY TO ADDITIONAL COSTS AND BAIL 1,600
COLLECTED PURSUANT TO SECTION 2949.093 OF THE REVISED CODE, WHICH 1,601
SHALL BE ADMINISTERED AS PROVIDED IN THAT SECTION. 1,602
(B) The money credited to the security, investigations, 1,604
and policing fund shall be used to pay the costs of: 1,605
(1) Providing security for the governor, other officials 1,607
and dignitaries, the capitol square, and other state property 1,608
pursuant to division (E) of section 5503.02 of the Revised Code; 1,609
(2) Undertaking major criminal investigations that involve 1,611
state property interests; 1,612
(3) Providing traffic control and security for the Ohio 1,614
expositions commission on a full-time, year-round basis; 1,615
(4) Performing nonhighway-related duties of the state 1,617
highway patrol at the Ohio state fair. 1,618
Sec. 4513.263. (A) As used in this section and in section 1,627
4513.99 of the Revised Code: 1,628
(1) "Automobile" means any commercial tractor, passenger 1,630
car, commercial car, or truck that is required to be 1,631
factory-equipped with an occupant restraining device for the 1,632
operator or any passenger by regulations adopted by the United 1,633
37
States secretary of transportation pursuant to the "National 1,634
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15 1,635
U.S.C.A. 1392. 1,636
(2) "Occupant restraining device" means a seat safety 1,638
belt, shoulder belt, harness, or other safety device for 1,639
restraining a person who is an operator of or passenger in an 1,640
automobile and that satisfies the minimum federal vehicle safety 1,641
standards established by the United States department of 1,642
transportation. 1,643
(3) "Passenger" means any person in an automobile, other 1,645
than its operator, who is occupying a seating position for which 1,646
an occupant restraining device is provided. 1,647
(4) "Commercial tractor," "passenger car," and "commercial 1,649
car" have the same meanings as in section 4501.01 of the Revised 1,650
Code. 1,651
(5) "Vehicle" and "motor vehicle," as used in the 1,653
definitions of the terms set forth in division (A)(4) of this 1,654
section, have the same meanings as in section 4511.01 of the 1,655
Revised Code. 1,656
(6) "Manufacturer" and "supplier" have the same meanings 1,658
as in section 2307.71 of the Revised Code. 1,659
(7) "Tort action" means a civil action for damages for 1,661
injury, death, or loss to person or property. "Tort action" 1,662
includes a product liability claim but does not include a civil 1,663
action for damages for a breach of contract or another agreement 1,664
between persons.
(B) No person shall do any of the following: 1,666
(1) Operate an automobile on any street or highway unless 1,668
that person is wearing all of the available elements of a 1,669
properly adjusted occupant restraining device, or operate a 1,670
school bus that has an occupant restraining device installed for 1,671
use in its operator's seat unless that person is wearing all of 1,672
the available elements of the device, as properly adjusted; 1,673
(2) Operate an automobile on any street or highway unless 1,675
38
each passenger in the automobile who is subject to the 1,676
requirement set forth in division (B)(3) of this section is 1,677
wearing all of the available elements of a properly adjusted 1,678
occupant restraining device; 1,679
(3) Occupy, as a passenger, a seating position on the 1,681
front seat of an automobile being operated on any street or 1,682
highway unless that person is wearing all of the available 1,683
elements of a properly adjusted occupant restraining device; 1,684
(4) Operate a taxicab on any street or highway unless all 1,686
factory-equipped occupant restraining devices in the taxicab are 1,687
maintained in usable form. 1,688
(C) Division (B)(3) of this section does not apply to a 1,690
person who is required by section 4511.81 of the Revised Code to 1,691
be secured in a child restraint device. Division (B)(1) of this 1,692
section does not apply to a person who is an employee of the 1,693
United States postal service or of a newspaper home delivery 1,694
service, during any period in which the person is engaged in the 1,695
operation of an automobile to deliver mail or newspapers to 1,696
addressees. Divisions (B)(1) and (3) of this section do not 1,697
apply to a person who has an affidavit signed by a physician 1,698
licensed to practice in this state under Chapter 4731. of the 1,699
Revised Code or a chiropractor licensed to practice in this state 1,700
under Chapter 4734. of the Revised Code that states that the 1,701
person has a physical impairment that makes use of an occupant 1,702
restraining device impossible or impractical. 1,703
(D) Notwithstanding any provision of law to the contrary, 1,705
no law enforcement officer shall cause an operator of an 1,706
automobile being operated on any street or highway to stop the 1,707
automobile for the sole purpose of determining whether a 1,708
violation of division (B) of this section has been or is being 1,709
committed or for the sole purpose of issuing a ticket, citation, 1,710
or summons for a violation of that nature or causing the arrest 1,712
of or commencing a prosecution of a person for a violation of 1,713
that nature, and no law enforcement officer shall view the 1,715
39
interior or visually inspect any automobile being operated on any 1,716
street or highway for the sole purpose of determining whether a 1,717
violation of that nature has been or is being committed. 1,719
(E) All fines collected for violations of division (B) of 1,721
this section, or for violations of any ordinance or resolution of 1,722
a political subdivision that is substantively comparable to that 1,723
division, shall be forwarded to the treasurer of state for 1,724
deposit as follows: 1,725
(1) Ten EIGHT per cent shall be deposited into the seat 1,727
belt education fund, which is hereby created in the state 1,728
treasury, and shall be used by the department of public safety to 1,729
establish a seat belt education program. 1,730
(2) Ten EIGHT per cent shall be deposited into the 1,732
elementary school program fund, which is hereby created in the 1,733
state treasury, and shall be used by the department of public 1,735
safety to establish and administer elementary school programs 1,736
that encourage seat safety belt use. 1,737
(3) Until July 1, 1999, one per cent, and on and after 1,739
July 1, 1999, two TWO per cent shall be deposited into the Ohio 1,741
ambulance licensing trust fund created by section 4766.05 of the 1,742
Revised Code. 1,743
(4) Twenty-eight per cent shall be deposited into the 1,745
TRAUMA AND emergency medical services fund, which is hereby 1,746
created in the state treasury, and shall be used by the 1,748
department of public safety for the administration of the 1,749
division of emergency medical services and THE state board of 1,750
emergency medical services.
(5) Until July 1, 1999, fifty-one per cent, and on and 1,753
after July 1, 1999, fifty FIFTY-FOUR per cent shall be deposited 1,754
into the TRAUMA AND emergency medical services grants fund, which 1,756
is hereby created in the state treasury, and shall be used by the 1,757
state board of emergency medical services to make grants, in 1,758
accordance with section 4765.07 of the Revised Code and the rules 1,759
that the board adopts under section 4765.11 of the Revised Code, 1,761
40
to emergency medical service organizations for the training of 1,762
their personnel, for the purchase of equipment, and to improve 1,763
the availability, accessibility, and quality of emergency medical 1,764
services in this state. 1,765
(F) The failure of a person to wear all of the available 1,767
elements of a properly adjusted occupant restraining device in 1,768
violation of division (B)(1) or (3) of this section or the 1,769
failure of a person to ensure that each minor who is a passenger 1,770
of an automobile being operated by that person is wearing all of 1,771
the available elements of a properly adjusted occupant 1,772
restraining device in violation of division (B)(2) of this
section shall be considered by the trier of fact in a tort action 1,774
as contributory negligence or other tortious conduct or 1,775
considered for any other relevant purpose if the failure 1,776
contributed to the harm alleged in the tort action and may 1,777
diminish pursuant to section 2315.19 or 2315.20 of the Revised 1,778
Code a recovery of compensatory damages in a tort action; shall 1,779
not be used as a basis for a criminal prosecution of the person 1,780
other than a prosecution for a violation of this section; and 1,781
shall not be admissible as evidence in a criminal action 1,782
involving the person other than a prosecution for a violation of 1,783
this section. 1,784
Sec. 4513.99. (A) Whoever violates division (C), (D), 1,793
(E), or (F) of section 4513.241, section 4513.261, 4513.262, or 1,794
4513.36, or division (B)(3) of section 4513.60 of the Revised 1,795
Code is guilty of a minor misdemeanor. 1,796
(B) Whoever violates section 4513.02 or 4513.021, or 1,798
division (B)(4) of section 4513.263, or division (F) of section 1,799
4513.60 of the Revised Code is guilty of a minor misdemeanor on a 1,800
first offense; on a second or subsequent offense such person is 1,801
guilty of a misdemeanor of the third degree. 1,802
(C) Whoever violates sections 4513.03 to 4513.262 or 1,804
4513.27 to 4513.37 of the Revised Code, for which violation no 1,805
penalty is otherwise provided, is guilty of a minor misdemeanor 1,806
41
on a first offense; on a second offense within one year after the 1,807
first offense, such person is guilty of a misdemeanor of the 1,808
fourth degree; on each subsequent offense within one year after 1,809
the first offense, such person is guilty of a misdemeanor of the 1,810
third degree. 1,811
(D) Whoever violates section 4513.64 of the Revised Code 1,813
is guilty of a minor misdemeanor, and shall also be assessed any 1,814
costs incurred by the county, township, or municipal corporation 1,815
in disposing of such abandoned junk motor vehicle, less any money 1,816
accruing to the county, to the township, or to the municipal 1,817
corporation from such disposal. 1,818
(E) Whoever violates section 4513.65 of the Revised Code 1,820
is guilty of a minor misdemeanor on a first offense; on a second 1,821
offense, such person is guilty of a misdemeanor of the fourth 1,822
degree; on each subsequent offense, such person is guilty of a 1,823
misdemeanor of the third degree. 1,824
(F) Whoever violates division (B)(1) of section 4513.263 1,826
of the Revised Code shall be fined twenty-five THIRTY dollars. 1,827
(G) Whoever violates division (B)(3) of section 4513.263 1,829
of the Revised Code shall be fined fifteen TWENTY dollars. 1,830
(H) Whoever violates section 4513.361 of the Revised Code 1,832
is guilty of a misdemeanor of the first degree. 1,833
Sec. 4765.01. As used in this chapter: 1,842
(A) "First responder" means an individual who holds a 1,844
current, valid certificate issued under section 4765.30 of the 1,845
Revised Code to practice as a first responder. 1,846
(B) "Emergency medical technician-basic" or "EMT-basic" 1,849
means an individual who holds a current, valid certificate issued 1,850
under section 4765.30 of the Revised Code to practice as an 1,851
emergency medical technician-basic. 1,852
(C) "Emergency medical technician-intermediate" or "EMT-I" 1,855
means an individual who holds a current, valid certificate issued 1,857
under section 4765.30 of the Revised Code to practice as an 1,858
emergency medical technician-intermediate.
42
(D) "Emergency medical technician-paramedic" or 1,860
"paramedic" means an individual who holds a current, valid 1,861
certificate issued under section 4765.30 of the Revised Code to 1,862
practice as an emergency medical technician-paramedic. 1,863
(E) "Ambulance" means any motor vehicle that is used, or 1,865
is intended to be used, for the purpose of responding to 1,866
emergency medical situations, transporting emergency patients, 1,867
and administering emergency medical service to patients before, 1,868
during, or after transportation. 1,869
(F) "Cardiac monitoring" means a procedure used for the 1,871
purpose of observing and documenting the rate and rhythm of a 1,872
patient's heart by attaching electrical leads from an 1,873
electrocardiograph monitor to certain points on the patient's 1,874
body surface. 1,875
(G) "Emergency medical service" means any of the services 1,877
described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of 1,878
the Revised Code that are performed by first responders, 1,879
emergency medical technicians-basic, emergency medical 1,881
technicians-intermediate, and paramedics. "Emergency medical 1,882
service" includes such services performed before or during any
transport of a patient, including transports between hospitals 1,883
and transports to and from helicopters. 1,884
(H) "Emergency medical service organization" means a 1,886
public or private organization using first responders, 1,888
EMTs-basic, EMTs-I, or paramedics, or a combination of first 1,889
responders, EMTs-basic, EMTs-I, and paramedics, to provide 1,890
emergency medical services.
(I) "Physician" means an individual who holds a current, 1,892
valid certificate issued under Chapter 4731. of the Revised Code 1,893
authorizing the practice of medicine and surgery or osteopathic 1,894
medicine and surgery. 1,895
(J) "Registered nurse" means an individual who holds a 1,897
current, valid license issued under Chapter 4723. of the Revised 1,898
Code authorizing the practice of nursing as a registered nurse. 1,899
43
(K) "Volunteer" means a person who provides emergency 1,901
medical services either for no compensation or for compensation 1,902
that does not exceed the actual expenses of service and training 1,903
for INCURRED IN providing such THE services part time OR IN 1,905
TRAINING TO PROVIDE THE SERVICES.
(L) "EMERGENCY MEDICAL SERVICE PERSONNEL" MEANS FIRST 1,908
RESPONDERS, EMERGENCY MEDICAL SERVICE TECHNICIANS-BASIC,
EMERGENCY MEDICAL SERVICE TECHNICIANS-INTERMEDIATE, EMERGENCY 1,910
MEDICAL SERVICE TECHNICIANS-PARAMEDIC, AND PERSONS WHO PROVIDE
MEDICAL DIRECTION TO SUCH PERSONS. 1,911
(M) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01 1,914
OF THE REVISED CODE.
(N) "TRAUMA" OR "TRAUMATIC INJURY" MEANS DAMAGE TO OR 1,916
DESTRUCTION OF TISSUE THAT CREATES A RISK OF LOSS OF LIFE OR 1,917
LIMB, SIGNIFICANT, PERMANENT DISFIGUREMENT, OR SIGNIFICANT, 1,918
PERMANENT DISABILITY, AND IS CAUSED BY ANY OF THE FOLLOWING: 1,919
(1) BLUNT OR PENETRATING INJURY; 1,921
(2) EXPOSURE TO ELECTROMAGNETIC, CHEMICAL, OR RADIOACTIVE 1,924
ENERGY;
(3) DROWNING, SUFFOCATION, OR STRANGULATION; 1,926
(4) A DEFICIT OR EXCESS OF HEAT. 1,928
(O) "TRAUMA VICTIM" OR "TRAUMA PATIENT" MEANS A PERSON WHO 1,930
HAS SUSTAINED A TRAUMATIC INJURY. 1,931
(P) "TRAUMA CARE" MEANS THE ASSESSMENT, DIAGNOSIS, 1,933
TRANSPORTATION, TREATMENT, OR REHABILITATION OF A TRAUMA VICTIM 1,934
BY EMERGENCY MEDICAL SERVICE PERSONNEL OR BY A PHYSICIAN, NURSE, 1,936
PHYSICIAN ASSISTANT, RESPIRATORY THERAPIST, PHYSICAL THERAPIST, 1,937
CHIROPRACTOR, OCCUPATIONAL THERAPIST, SPEECH-LANGUAGE 1,938
PATHOLOGIST, AUDIOLOGIST, OR PSYCHOLOGIST LICENSED TO PRACTICE AS 1,939
SUCH IN THIS STATE OR ANOTHER JURISDICTION. 1,940
(Q) "TRAUMA CENTER" MEANS A HOSPITAL THAT IS QUALIFIED TO 1,942
ADMIT PATIENTS FOR TRAUMA CARE UNDER RULES ADOPTED UNDER SECTIONS 1,943
3702.11 AND 3702.161 OF THE REVISED CODE. 1,944
(R) "PEDIATRIC" MEANS INVOLVING A PERSON WHO IS LESS THAN 1,946
44
SIXTEEN YEARS OF AGE. 1,947
(S) "AIR MEDICAL ORGANIZATION" MEANS AN ORGANIZATION THAT 1,949
PROVIDES EMERGENCY MEDICAL SERVICES, OR TRANSPORTS EMERGENCY 1,950
VICTIMS, BY MEANS OF FIXED OR ROTARY WING AIRCRAFT. 1,951
Sec. 4765.02. There is hereby created the state board of 1,960
emergency medical services within the division OFFICE of 1,961
emergency medical services of the department of public safety. 1,962
The board shall consist of eighteen members who are residents of 1,963
this state. The governor, with the advice and consent of the 1,964
senate, shall appoint seventeen THE members of the board. In 1,965
making the appointments, the governor shall appoint only members 1,966
with background or experience in emergency medical services or 1,967
trauma care and shall attempt to include members representing 1,968
urban and rural areas and the various geographical regions of the 1,969
state.
One member of the board shall be a physician certified by 1,971
the American board of emergency medicine or the American 1,972
osteopathic board of emergency medicine who is in the active 1,973
practice of emergency medicine and is actively involved with an 1,974
emergency medical service organization. The governor shall 1,975
appoint this member from among three persons nominated by the 1,976
Ohio chapter of the American college of emergency physicians. 1,977
One member shall be a physician certified by the American board 1,978
of surgery or the American osteopathic board of surgery who is 1,979
active in the practice of TRAUMA surgery and is actively involved 1,980
with emergency medical services. The governor shall appoint this 1,981
member from among three persons nominated by the Ohio chapter of 1,982
the American college of surgeons. One member shall be a 1,983
physician certified by the American academy of pediatricians who 1,984
is active in the practice of pediatric emergency medicine and 1,985
actively involved with an emergency medical service organization. 1,987
The governor shall appoint this member from among three persons 1,988
nominated by the Ohio chapter of the American academy of
pediatricians PEDIATRICS. One member shall be the administrator 1,989
45
of a hospital with an active emergency room. BEGINNING WITH THE 1,991
HOSPITAL ADMINISTRATOR NEXT APPOINTED TO THE BOARD MORE THAN ONE 1,992
YEAR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, AND CONTINUING 1,993
THEREAFTER, THE HOSPITAL ADMINISTRATOR SHALL BE FROM A HOSPITAL 1,994
THAT ACTIVELY PROVIDES TRAUMA CARE IN ACCORDANCE WITH RULES 1,995
ADOPTED UNDER SECTIONS 3702.11 AND 3702.161 OF THE REVISED CODE. 1,996
The governor shall appoint this member from among three persons 1,998
nominated by the Ohio hospital association. One member shall be 1,999
a registered nurse who is in the active practice of emergency 2,000
nursing. The governor shall appoint this member from among three 2,001
persons nominated by the Ohio nurses association and three 2,002
persons nominated by the Ohio state council of the emergency 2,003
nurses association. One member shall be the chief of a fire 2,004
department that is also an emergency medical service organization 2,005
in which more than fifty per cent of the persons who provide 2,006
emergency medical services are full-time paid employees. The 2,007
governor shall appoint this member from among three persons 2,008
nominated by the Ohio fire chiefs' association. One member shall 2,009
be the chief of a fire department that is also an emergency 2,010
medical service organization in which more than fifty per cent of 2,011
the persons who provide emergency medical services are 2,012
volunteers. The governor shall appoint this member from among 2,013
three persons nominated by the Ohio fire chief's CHIEFS' 2,014
association. One member shall be a person who is certified to 2,016
teach under section 4765.23 of the Revised Code or, if the board 2,017
has not yet certified persons to teach under that section, a 2,018
person who is qualified to be certified to teach under that 2,019
section. The governor shall appoint this member from among three 2,020
persons nominated by the Ohio emergency medical technician 2,021
instructors association and the Ohio instructor/coordinators' 2,022
society. One member shall be an EMT-basic, one shall be an 2,023
EMT-I, and one shall be a paramedic. The governor shall appoint 2,025
these members from among three EMTs-basic, three EMTs-I, and 2,026
three paramedics nominated by the Ohio association of
46
professional fire fighters and three EMTs-basic, three EMTs-I, 2,028
and three paramedics nominated by the northern Ohio fire 2,029
fighters. One member shall be an EMT-basic, one shall be an 2,030
EMT-I, and one shall be a paramedic whom the governor shall 2,031
appoint from among three EMTs-basic, three EMTs-I, and three 2,033
paramedics nominated by the Ohio state firefighter's association. 2,034
One member shall be a person whom the governor shall appoint from 2,035
among an EMT-basic, an EMT-I, and a paramedic nominated by the 2,036
Ohio association of emergency medical services. The governor 2,037
shall appoint one member who is an EMT-basic, EMT-I, or paramedic 2,039
affiliated with an emergency medical services organization. One 2,040
member shall be a member of the Ohio ambulance association whom 2,041
the governor shall appoint from among three persons nominated by 2,042
the Ohio ambulance association. ONE MEMBER SHALL BE A PHYSICIAN 2,043
CERTIFIED BY THE AMERICAN BOARD OF SURGERY, AMERICAN BOARD OF 2,044
OSTEOPATHIC SURGERY, OR AMERICAN COLLEGE OF EMERGENCY PHYSICIANS 2,045
WHO IS THE CHIEF MEDICAL OFFICER OF AN AIR MEDICAL AGENCY AND IS 2,047
CURRENTLY ACTIVE IN PROVIDING EMERGENCY MEDICAL SERVICES. THE
GOVERNOR SHALL APPOINT THIS MEMBER FROM AMONG THREE PERSONS 2,048
NOMINATED BY THE OHIO ASSOCIATION OF AIR MEDICAL SERVICES. 2,049
The director of public safety shall designate an employee 2,051
of the department of public safety to serve as a member of the 2,052
board at the director's pleasure. This member shall serve as a 2,053
liaison between the department and the division of emergency 2,054
medical services in cooperation with the executive director of 2,055
the board. 2,056
The governor may refuse to appoint any of the persons 2,058
nominated by one or more organizations under this section. 2,059
However, if the governor refuses to appoint any of the persons 2,060
nominated by one or more organizations under this section, IN 2,061
THAT EVENT, the organization or organizations shall continue to 2,063
nominate the required number of persons to the governor until the 2,064
governor does appoint APPOINTS to the board one or more of the 2,065
persons nominated by the organization or organizations. 2,067
47
Initial appointments to the board by the governor and the 2,069
director of public safety shall be made within ninety days after 2,070
the effective date of this amendment NOVEMBER 12, 1992. Of the 2,072
initial appointments by the governor, five shall be for terms 2,073
ending one year after the effective date of this amendment 2,075
NOVEMBER 12, 1992, six shall be for terms ending two years after 2,076
the effective date of this amendment NOVEMBER 12, 1992, and six 2,077
shall be for terms ending three years after the effective date of 2,079
this amendment NOVEMBER 12, 1992. Thereafter, terms of office of 2,081
all members appointed by the governor shall be for three years, 2,082
each term ending on the same day of the same month as did the 2,083
term it succeeds. Each member shall hold office from the date of 2,084
appointment until the end of the term for which the member was 2,086
appointed. A member shall continue in office subsequent to the 2,087
expiration date of the member's term until the member's successor 2,088
takes office, or until a period of sixty days has elapsed, 2,089
whichever occurs first. 2,090
Each vacancy shall be filled in the same manner as the 2,092
original appointment. A member appointed to fill a vacancy 2,093
occurring prior to the expiration of the term for which the 2,094
member's predecessor was appointed shall hold office for the 2,096
remainder of the unexpired term. 2,097
The term of a member shall expire if the member ceases to 2,099
meet any of the requirements to be appointed as that member. The 2,100
governor may remove any member from office for neglect of duty, 2,101
malfeasance, misfeasance, or nonfeasance, after an adjudication 2,102
hearing held in accordance with Chapter 119. of the Revised Code. 2,103
The members of the board shall serve without compensation 2,105
but shall be reimbursed for their actual and necessary expenses 2,106
incurred in carrying out their duties as board members. 2,107
The board shall organize by annually selecting a chair AND 2,109
VICE-CHAIR from among its members. Ten THE BOARD MAY ADOPT 2,110
BYLAWS TO REGULATE ITS AFFAIRS. A MAJORITY OF ALL members of the 2,111
board shall constitute a quorum. No action shall be taken 2,112
48
without the concurrence of ten members A MAJORITY OF ALL MEMBERS 2,113
OF THE BOARD. The board shall meet at least four times annually 2,115
and at the call of the chair. The chair shall call a meeting on 2,116
the request of the executive director or the medical director of
the board or on the written request of ten FIVE members. THE 2,117
BOARD SHALL MAINTAIN WRITTEN OR ELECTRONIC RECORDS OF ITS 2,118
MEETINGS.
UPON TWENTY-FOUR HOURS' NOTICE FROM A MEMBER OF THE BOARD, 2,120
THE MEMBER'S EMPLOYER SHALL RELEASE THE MEMBER FROM THE MEMBER'S 2,121
EMPLOYMENT DUTIES TO ATTEND MEETINGS OF THE FULL BOARD. NOTHING 2,122
IN THIS PARAGRAPH REQUIRES THE EMPLOYER OF A MEMBER OF THE BOARD 2,123
TO COMPENSATE THE MEMBER FOR TIME THE MEMBER IS RELEASED FROM 2,124
EMPLOYMENT DUTIES UNDER THIS PARAGRAPH, BUT ANY CIVIL IMMUNITY, 2,125
WORKERS' COMPENSATION, DISABILITY, OR SIMILAR COVERAGE THAT
APPLIES TO A MEMBER OF THE BOARD AS A RESULT OF THE MEMBER'S 2,126
EMPLOYMENT SHALL CONTINUE TO APPLY WHILE THE MEMBER IS RELEASED 2,127
FROM EMPLOYMENT DUTIES UNDER THIS PARAGRAPH. 2,128
Sec. 4765.03. (A) The director of public safety shall 2,137
appoint a full-time executive director for the state board of 2,138
emergency medical services. The executive director shall be 2,139
knowledgeable in emergency medical services AND TRAUMA CARE and 2,140
shall serve at the pleasure of the director of public safety. 2,141
The director of public safety shall appoint the executive 2,142
director from among three persons nominated by the board. The 2,143
director of public safety may refuse, for cause, to appoint any 2,144
of the board's nominees. If the director fails to appoint any of 2,145
the board's nominees, the board shall continue to nominate groups 2,146
of three persons until the director does appoint one of the 2,147
board's nominees. The executive director shall serve as the 2,148
chief executive officer of the board and as the executive 2,149
director CHIEF of the division OFFICE of emergency medical 2,150
services. He THE EXECUTIVE DIRECTOR shall attend each meeting of 2,153
the board, except meeting THE BOARD MAY EXCLUDE THE EXECUTIVE 2,154
DIRECTOR FROM DISCUSSIONS concerning the appointment or terms of 2,155
49
employment OR PERFORMANCE of an THE executive director OR MEDICAL 2,156
DIRECTOR of the board. The executive director shall give a 2,157
surety bond to the state in such sum as the board determines, 2,159
conditioned on the faithful performance of the duties of his THE 2,160
EXECUTIVE DIRECTOR'S office. The executive director shall 2,162
receive a salary from the board and shall be reimbursed for his 2,163
actual and necessary expenses incurred in carrying out his duties 2,164
as executive director.
The executive director of the board shall submit a report 2,166
to the director of public safety AT LEAST every three months 2,168
regarding the status of emergency medical services in this state. 2,169
The executive director of the board shall meet with the director 2,170
of public safety at the director's request. 2,171
(B) The board shall appoint a medical director, who shall 2,173
serve at the pleasure of the board. The medical director shall 2,174
be a physician certified by the American board of emergency 2,175
medicine or the American osteopathic board of emergency medicine 2,176
who is active in the practice of emergency medicine and has been 2,177
actively involved with an emergency medical service organization 2,178
for at least five years prior to his appointment BEING APPOINTED. 2,180
The board may accept SHALL CONSIDER ANY recommendations for this 2,181
appointment from the Ohio chapter of the American college of 2,183
emergency physicians, THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF 2,184
SURGEONS, THE OHIO CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS, 2,185
the Ohio osteopathic association, and the Ohio state medical 2,186
association.
The medical director shall direct the executive director 2,188
and advise the board with regard to TRAUMA AND emergency medical 2,189
services issues. He THE MEDICAL DIRECTOR shall attend each 2,191
meeting of the board, except meetings THE BOARD MAY EXCLUDE THE 2,193
MEDICAL DIRECTOR FROM DISCUSSIONS concerning the appointment OR 2,194
PERFORMANCE of a THE medical director OR EXECUTIVE DIRECTOR of 2,195
the board. The medical director shall be employed and paid by 2,196
the board as a consultant and shall be reimbursed for his actual 2,197
50
and necessary expenses incurred in carrying out his duties as 2,198
medical director. 2,199
(C) The board may appoint employees as it determines 2,201
necessary. The board shall prescribe the duties and titles of 2,202
its employees. 2,203
Sec. 4765.04. (A) THE FIREFIGHTER AND FIRE SAFETY 2,205
INSPECTOR TRAINING COMMITTEE OF THE STATE BOARD OF EMERGENCY 2,206
MEDICAL SERVICES IS HEREBY CREATED AND SHALL CONSIST OF THE 2,207
MEMBERS OF THE BOARD WHO ARE CHIEFS OF FIRE DEPARTMENTS, AND THE 2,208
MEMBERS OF THE BOARD WHO ARE EMERGENCY MEDICAL TECHNICIANS-BASIC, 2,209
EMERGENCY MEDICAL TECHNICIANS-INTERMEDIATE, AND EMERGENCY MEDICAL 2,211
TECHNICIANS-PARAMEDIC APPOINTED FROM AMONG PERSONS NOMINATED BY 2,212
THE OHIO ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS OR THE 2,213
NORTHERN OHIO FIRE FIGHTERS AND FROM AMONG PERSONS NOMINATED BY 2,215
THE OHIO STATE FIREFIGHTER'S ASSOCIATION. EACH MEMBER OF THE 2,217
COMMITTEE, EXCEPT THE CHAIRPERSON, MAY DESIGNATE A PERSON WITH 2,218
FIRE EXPERIENCE TO SERVE IN THAT MEMBER'S PLACE. THE MEMBERS OF 2,219
THE COMMITTEE OR THEIR DESIGNEES SHALL SELECT A CHAIRPERSON FROM 2,220
AMONG THE MEMBERS OR THEIR DESIGNEES.
(B) THE TRAUMA COMMITTEE OF THE STATE BOARD OF EMERGENCY 2,223
MEDICAL SERVICES IS HEREBY CREATED AND SHALL CONSIST OF THE 2,224
FOLLOWING MEMBERS APPOINTED BY THE DIRECTOR OF PUBLIC SAFETY: 2,225
(1) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 2,228
SURGERY OR AMERICAN OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY 2,230
PRACTICES GENERAL TRAUMA SURGERY, APPOINTED FROM AMONG THREE 2,231
PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF 2,233
SURGEONS, THREE PERSONS NOMINATED BY THE OHIO STATE MEDICAL 2,234
ASSOCIATION, AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC 2,235
ASSOCIATION; 2,236
(2) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 2,239
SURGERY OR THE AMERICAN OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY 2,241
PRACTICES ORTHOPEDIC TRAUMA SURGERY, APPOINTED FROM AMONG THREE 2,242
PERSONS NOMINATED BY THE OHIO ORTHOPEDIC SOCIETY; 2,243
(3) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 2,246
51
NEUROLOGICAL SURGEONS OR THE AMERICAN OSTEOPATHIC BOARD OF 2,248
SURGERY AND ACTIVELY PRACTICES NEUROSURGERY ON TRAUMA VICTIMS, 2,249
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO STATE 2,250
NEUROLOGICAL SOCIETY; 2,251
(4) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 2,253
SURGEONS OR AMERICAN OSTEOPATHIC BOARD OF SURGEONS AND ACTIVELY 2,254
SPECIALIZES IN TREATING BURN VICTIMS, APPOINTED FROM AMONG THREE 2,255
PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF 2,257
SURGEONS;
(5) A DENTIST WHO IS CERTIFIED BY THE AMERICAN BOARD OF 2,259
ORAL AND MAXILLOFACIAL SURGERY AND ACTIVELY PRACTICES ORAL AND 2,261
MAXILLOFACIAL SURGERY, APPOINTED FROM AMONG THREE PERSONS 2,262
NOMINATED BY THE OHIO DENTAL ASSOCIATION;
(6) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 2,265
PHYSICAL MEDICINE AND REHABILITATION AND ACTIVELY PROVIDES 2,266
REHABILITATIVE CARE TO TRAUMA VICTIMS, APPOINTED FROM AMONG THREE 2,267
PERSONS NOMINATED BY THE OHIO SOCIETY OF PHYSICAL MEDICINE AND 2,269
REHABILITATION;
(7) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN ACADEMY 2,271
OF PEDIATRICS AND THE AMERICAN BOARD OF SURGERY OR AMERICAN 2,274
OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY PRACTICES PEDIATRIC 2,275
TRAUMA SURGERY, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY 2,276
THE OHIO CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS; 2,279
(8) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN COLLEGE 2,282
OF EMERGENCY PHYSICIANS, ACTIVELY PRACTICES EMERGENCY MEDICINE, 2,283
AND IS ACTIVELY INVOLVED IN EMERGENCY MEDICAL SERVICES, APPOINTED 2,284
FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER OF THE 2,287
AMERICAN COLLEGE OF EMERGENCY PHYSICIANS; 2,288
(9) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 2,291
PEDIATRICS AND AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, ACTIVELY 2,293
PRACTICES PEDIATRIC EMERGENCY MEDICINE, AND IS ACTIVELY INVOLVED 2,294
IN EMERGENCY MEDICAL SERVICES, APPOINTED FROM AMONG THREE PERSONS 2,295
NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN ACADEMY OF 2,297
PEDIATRICS; 2,298
52
(10) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 2,301
SURGERY, AMERICAN OSTEOPATHIC BOARD OF SURGERY, OR THE AMERICAN 2,303
COLLEGE OF EMERGENCY PHYSICIANS AND IS THE CHIEF MEDICAL OFFICER 2,304
OF AN AIR MEDICAL ORGANIZATION, APPOINTED FROM AMONG THREE 2,305
PERSONS NOMINATED BY THE OHIO ASSOCIATION OF AIR MEDICAL 2,306
SERVICES; 2,307
(11) A CORONER OR MEDICAL EXAMINER APPOINTED FROM AMONG 2,309
THREE PEOPLE NOMINATED BY THE OHIO STATE CORONERS' ASSOCIATION; 2,311
(12) A REGISTERED NURSE WHO ACTIVELY PRACTICES TRAUMA 2,313
NURSING AT A TRAUMA CENTER, APPOINTED FROM AMONG THREE PERSONS 2,314
NOMINATED BY THE OHIO ASSOCIATION OF TRAUMA NURSE COORDINATORS; 2,316
(13) A REGISTERED NURSE WHO ACTIVELY PRACTICES EMERGENCY 2,318
NURSING AND IS ACTIVELY INVOLVED IN EMERGENCY MEDICAL SERVICES, 2,319
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER 2,321
OF THE EMERGENCY NURSES' ASSOCIATION; 2,322
(14) THE CHIEF TRAUMA REGISTRAR OF A TRAUMA CENTER, 2,324
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE ALLIANCE OF 2,326
OHIO TRAUMA REGISTRARS;
(15) THE ADMINISTRATOR OF A HOSPITAL THAT HAS AN ACTIVE 2,328
EMERGENCY DEPARTMENT AND IS VERIFIED AS A TRAUMA CENTER BY THE 2,330
AMERICAN COLLEGE OF SURGEONS OR OTHERWISE PROVIDES TRAUMA CARE 2,331
UNDER RULES ADOPTED UNDER SECTIONS 3702.11 AND 3702.161 OF THE 2,333
REVISED CODE, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE 2,335
OHIO ASSOCIATION OF HOSPITALS AND HEALTH SYSTEMS; 2,337
(16) THE OPERATOR OF AN AMBULANCE COMPANY THAT ACTIVELY 2,339
PROVIDES TRAUMA CARE TO EMERGENCY PATIENTS, APPOINTED FROM AMONG 2,340
THREE PERSONS NOMINATED BY THE OHIO AMBULANCE ASSOCIATION; 2,343
(17) THE CHIEF OF A FIRE DEPARTMENT THAT ACTIVELY PROVIDES 2,345
TRAUMA CARE TO EMERGENCY PATIENTS, APPOINTED FROM AMONG THREE 2,347
PERSONS NOMINATED BY THE OHIO FIRE CHIEFS' ASSOCIATION; 2,349
(18) AN EMT OR PARAMEDIC WHO IS CERTIFIED UNDER THIS 2,352
CHAPTER AND ACTIVELY PROVIDES TRAUMA CARE TO EMERGENCY PATIENTS, 2,354
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO 2,355
ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, THREE PERSONS NOMINATED 2,357
53
BY THE NORTHERN OHIO FIRE FIGHTERS, THREE PERSONS NOMINATED BY 2,358
THE OHIO STATE FIREFIGHTERS' ASSOCIATION, AND THREE PERSONS 2,360
NOMINATED BY THE OHIO ASSOCIATION OF EMERGENCY MEDICAL SERVICES; 2,362
(19) A PERSON WHO ACTIVELY ADVOCATES FOR TRAUMA VICTIMS, 2,364
APPOINTED FROM THREE PERSONS NOMINATED BY THE OHIO BRAIN INJURY 2,365
ASSOCIATION AND THREE PERSONS NOMINATED BY THE GOVERNOR'S COUNCIL 2,367
ON PEOPLE WITH DISABILITIES. 2,368
MEMBERS OF THE COMMITTEE SHALL HAVE SUBSTANTIAL EXPERIENCE 2,370
IN THE CATEGORIES THEY REPRESENT, SHALL BE RESIDENTS OF THIS 2,371
STATE, AND MAY BE MEMBERS OF THE STATE BOARD OF EMERGENCY MEDICAL 2,372
SERVICES. IN APPOINTING MEMBERS OF THE COMMITTEE, THE DIRECTOR 2,373
SHALL INCLUDE MEMBERS REPRESENTING URBAN AND RURAL AREAS AND THE 2,374
VARIOUS GEOGRAPHICAL AREAS OF THE STATE. THE DIRECTOR SHALL NOT 2,375
APPOINT TO THE COMMITTEE MORE THAN ONE MEMBER WHO IS EMPLOYED BY 2,376
OR PRACTICES AT THE SAME HOSPITAL, HEALTH SYSTEM, OR EMERGENCY 2,377
MEDICAL SERVICES ORGANIZATION. 2,378
THE DIRECTOR MAY REFUSE TO APPOINT ANY OF THE PERSONS 2,380
NOMINATED BY AN ORGANIZATION OR ORGANIZATIONS UNDER THIS 2,381
DIVISION. IN THAT EVENT, THE ORGANIZATION OR ORGANIZATIONS SHALL 2,383
CONTINUE TO NOMINATE THE REQUIRED NUMBER OF PERSONS UNTIL THE 2,384
DIRECTOR APPOINTS TO THE COMMITTEE ONE OR MORE OF THE PERSONS 2,385
NOMINATED BY THE ORGANIZATION OR ORGANIZATIONS.
INITIAL APPOINTMENTS TO THE COMMITTEE SHALL BE MADE BY THE 2,387
DIRECTOR NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF 2,388
THIS SECTION. MEMBERS OF THE COMMITTEE SHALL SERVE AT THE 2,389
PLEASURE OF THE DIRECTOR, EXCEPT THAT ANY MEMBER OF THE COMMITTEE 2,390
WHO CEASES TO BE QUALIFIED FOR THE POSITION TO WHICH THE MEMBER 2,391
WAS APPOINTED SHALL CEASE TO BE A MEMBER OF THE COMMITTEE. 2,392
VACANCIES ON THE COMMITTEE SHALL BE FILLED IN THE SAME MANNER AS 2,393
ORIGINAL APPOINTMENTS. 2,394
THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT 2,396
COMPENSATION, BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY 2,397
EXPENSES INCURRED IN CARRYING OUT DUTIES AS MEMBERS OF THE 2,398
COMMITTEE. 2,399
54
THE COMMITTEE SHALL SELECT A CHAIRPERSON AND 2,401
VICE-CHAIRPERSON FROM AMONG ITS MEMBERS. A MAJORITY OF ALL 2,402
MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM. NO ACTION 2,403
SHALL BE TAKEN WITHOUT THE CONCURRENCE OF A MAJORITY OF ALL 2,404
MEMBERS OF THE COMMITTEE. THE COMMITTEE SHALL MEET AT THE CALL 2,405
OF THE CHAIR, UPON WRITTEN REQUEST OF FIVE MEMBERS OF THE 2,406
COMMITTEE, AND AT THE DIRECTION OF THE STATE BOARD OF EMERGENCY 2,407
MEDICAL SERVICES. THE COMMITTEE SHALL NOT MEET AT TIMES OR 2,408
LOCATIONS THAT CONFLICT WITH MEETINGS OF THE BOARD. THE 2,409
EXECUTIVE DIRECTOR AND MEDICAL DIRECTOR OF THE OFFICE OF 2,410
EMERGENCY MEDICAL SERVICES MAY PARTICIPATE IN ANY MEETING OF THE 2,411
COMMITTEE AND SHALL DO SO AT THE REQUEST OF THE COMMITTEE. 2,412
THE COMMITTEE SHALL ADVISE AND ASSIST THE STATE BOARD OF 2,414
EMERGENCY MEDICAL SERVICES AND THE DIRECTOR OF HEALTH IN MATTERS 2,415
RELATED TO TRAUMA CARE AND THE ESTABLISHMENT AND OPERATION OF THE 2,417
STATE TRAUMA REGISTRY. IN MATTERS RELATING TO THE STATE TRAUMA 2,418
REGISTRY, THE BOARD AND THE COMMITTEE SHALL CONSULT WITH TRAUMA 2,419
REGISTRARS FROM TRAUMA CENTERS IN THE STATE. THE COMMITTEE MAY
APPOINT A SUBCOMMITTEE TO ADVISE AND ASSIST WITH THE TRAUMA 2,421
REGISTRY. THE SUBCOMMITTEE MAY INCLUDE PERSONS WITH EXPERTISE 2,422
RELEVANT TO THE TRAUMA REGISTRY WHO ARE NOT MEMBERS OF THE BOARD 2,423
OR COMMITTEE.
(C) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES MAY 2,426
APPOINT OTHER COMMITTEES AND SUBCOMMITTEES AS IT CONSIDERS 2,427
NECESSARY.
(D) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES, AND ANY 2,430
OF ITS COMMITTEES OR SUBCOMMITTEES, MAY REQUEST ASSISTANCE FROM 2,431
ANY STATE AGENCY. THE BOARD AND ITS COMMITTEES AND SUBCOMMITTEES 2,432
MAY PERMIT PERSONS WHO ARE NOT MEMBERS OF THOSE BODIES TO 2,433
PARTICIPATE IN DELIBERATIONS OF THOSE BODIES, BUT NO PERSON WHO 2,434
IS NOT A MEMBER OF THE BOARD SHALL VOTE ON THE BOARD AND NO 2,435
PERSON WHO IS NOT A MEMBER OF A COMMITTEE CREATED UNDER DIVISIONS 2,436
(A) OR (B) OF THIS SECTION SHALL VOTE ON THAT COMMITTEE. 2,439
(E) SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO 2,441
55
THE COMMITTEES ESTABLISHED UNDER DIVISIONS (A) AND (B) OF THIS 2,442
SECTION.
Sec. 4765.05. As used in this section, "prehospital 2,451
emergency medical services" means an emergency medical services 2,452
system that provides medical services to patients who require 2,453
immediate assistance, because of illness or injury, prior to 2,454
their arrival at an emergency medical facility. 2,455
The state board of emergency medical services shall divide 2,457
the state into prehospital emergency medical services regions for 2,458
purposes of overseeing the delivery of prehospital emergency 2,459
medical services. These regions shall consist of the same 2,460
geographic regions as the health service areas designated by the 2,461
director of health under section 3702.58 of the Revised Code. For 2,463
each region, the board shall appoint either a physician to serve 2,464
as the regional director or a physician advisory board to serve 2,465
as the regional advisory board. The board shall specify the 2,466
duties of each regional director and regional advisory board.
Regional directors and members of regional advisory boards shall 2,467
serve without compensation, but shall be reimbursed for their 2,468
actual and necessary expenses incurred in carrying out their 2,469
duties as regional directors and members of regional advisory 2,470
boards. 2,471
Sec. 4765.06. (A) The state board of emergency medical 2,480
services shall establish an emergency medical services incidence 2,481
reporting system for the collection of information regarding the 2,482
delivery of emergency medical services in this state and the 2,483
frequency at which the services are provided. All emergency 2,484
medical service organizations shall submit to the board any 2,485
information that the board determines is necessary for 2,486
maintaining the incidence reporting system. 2,487
(B) The board shall establish a trauma system registry to 2,489
be used for the collection of information regarding the care of 2,490
trauma victims in this state. The registry shall provide for the 2,491
reporting of trauma-related deaths, identification of trauma 2,492
56
patients, monitoring of trauma patient care data, determination 2,493
of the total amount of uncompensated trauma care provided 2,494
annually by each facility that provides care to trauma victims, 2,495
and collection of any other information specified by the board. 2,496
All THE FOLLOWING PURPOSES: 2,498
(1) TO COLLECT AND PROVIDE ACCURATE, CURRENT, AND 2,500
COMPREHENSIVE INFORMATION ON THE OCCURRENCE OF TRAUMATIC INJURY 2,501
AND ON THE AVAILABILITY, COST, AND QUALITY OF TRAUMA CARE IN THIS 2,502
STATE;
(2) TO IMPROVE THE QUALITY OF TRAUMA CARE BY FACILITATING 2,504
PEER REVIEW AND QUALITY ASSURANCE BY PROVIDERS OF EMERGENCY 2,506
MEDICAL SERVICES AND TRAUMA CARE; 2,507
(3) TO IMPROVE RESEARCH AND EDUCATION ON TRAUMA AND 2,509
EFFORTS TO PREVENT TRAUMATIC INJURY, INCLUDING PROGRAMS OF THE 2,511
BUREAU OF WORKERS' COMPENSATION, DEPARTMENT OF PUBLIC SAFETY, 2,512
DEPARTMENT OF HEALTH, DEPARTMENT OF AGRICULTURE, AND OTHER PUBLIC 2,514
AND PRIVATE ENTITIES THAT DEAL WITH WORKPLACE, CONSUMER,
DOMESTIC, AND PUBLIC SAFETY. 2,516
(C) THE INFORMATION CONTAINED IN THE TRAUMA REGISTRY SHALL 2,519
INCLUDE ALL OF THE FOLLOWING:
(1) THE CAUSES, LOCATIONS, TIMES, AND NATURE OF TRAUMATIC 2,521
INJURIES;
(2) THE COST OF TRAUMA CARE PROVIDED BY EMERGENCY MEDICAL 2,524
SERVICE ORGANIZATIONS, HOSPITALS, AND FACILITIES THAT PROVIDE 2,525
POST-HOSPITAL TRAUMA CARE;
(3) THE DISTRIBUTION OF TRAUMA VICTIMS AMONG EMERGENCY 2,527
MEDICAL SERVICE ORGANIZATIONS, HOSPITALS, AND FACILITIES THAT 2,529
PROVIDE CARE TO TRAUMA VICTIMS AFTER HOSPITALIZATION; 2,530
(4) PATIENT OUTCOMES FOR RECIPIENTS OF TRAUMA CARE, 2,532
INCLUDING THE NUMBER AND CAUSES OF TRAUMA-RELATED DISABILITIES 2,533
AND DEATHS;
(5) ANY OTHER TRAUMA-RELATED INFORMATION SPECIFIED BY THE 2,535
BOARD.
ALL persons designated by the board shall submit to the 2,537
57
board any information it determines is necessary for maintaining 2,538
the registry. At the request of the board any state agency 2,539
possessing information regarding trauma patient care shall 2,540
provide the information to the board. The board shall maintain 2,541
the registry in accordance with rules adopted under section 2,542
4765.11 of the Revised Code. 2,543
In accordance with standards established in rules adopted 2,545
under section 4765.11 of the Revised Code, the board shall 2,546
maintain the confidentiality of any information collected under 2,547
this section that would identify a specific patient of emergency 2,548
medical services or trauma care, except as otherwise provided in 2,549
section 149.43 of the Revised Code. 2,550
(D) THE BOARD AND ANY EMPLOYEE OR CONTRACTOR OF THE BOARD 2,553
OR THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT MAKE PUBLIC 2,554
INFORMATION IT RECEIVES UNDER CHAPTER 3702. OR 4765. OF THE 2,556
REVISED CODE THAT IDENTIFIES OR WOULD TEND TO IDENTIFY A SPECIFIC 2,558
RECIPIENT OF EMERGENCY MEDICAL SERVICES OR TRAUMA CARE. 2,559
(E) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF 2,562
THIS AMENDMENT, THE BOARD SHALL ADOPT AND IMPLEMENT RULES UNDER 2,563
SECTION 4765.11 OF THE REVISED CODE THAT PROVIDE WRITTEN 2,564
STANDARDS AND PROCEDURES FOR RISK ADJUSTMENT OF INFORMATION 2,565
RECEIVED BY THE BOARD UNDER CHAPTER 3702. OR 4765. OF THE REVISED 2,567
CODE. THE RULES SHALL BE DEVELOPED IN CONSULTATION WITH THE 2,569
DIRECTOR OF HEALTH AND APPROPRIATE MEDICAL, HOSPITAL, AND 2,570
EMERGENCY MEDICAL SERVICES ORGANIZATIONS; AND MAY PROVIDE FOR 2,571
RISK ADJUSTMENT BY A CONTRACTOR OF THE BOARD. BEFORE RISK 2,572
ADJUSTMENT STANDARDS AND PROCEDURES ARE IMPLEMENTED, THE BOARD 2,573
AND NO EMPLOYEE OR CONTRACTOR OF THE BOARD OR THE DEPARTMENT OF 2,574
PUBLIC SAFETY SHALL MAKE PUBLIC INFORMATION RECEIVED BY THE BOARD 2,575
UNDER CHAPTER 3702. OR 4765. OF THE REVISED CODE THAT IDENTIFIES 2,577
OR WOULD TEND TO IDENTIFY A SPECIFIC PROVIDER OF EMERGENCY 2,578
MEDICAL SERVICES OR TRAUMA CARE. AFTER RISK ADJUSTMENT STANDARDS 2,579
AND PROCEDURES ARE IMPLEMENTED, THE BOARD SHALL MAKE PUBLIC SUCH 2,580
INFORMATION ONLY ON A RISK ADJUSTED BASIS. 2,581
58
(F) THE BOARD SHALL ADOPT RULES UNDER SECTION 4765.11 OF 2,584
THE REVISED CODE THAT SPECIFY PROCEDURES FOR ENSURING THE 2,586
CONFIDENTIALITY OF INFORMATION THAT IS NOT TO BE MADE PUBLIC 2,587
UNDER THIS SECTION. THE RULES SHALL SPECIFY THE CIRCUMSTANCES IN 2,588
WHICH DELIBERATIONS OF THE PERSONS PERFORMING RISK ADJUSTMENT 2,589
FUNCTIONS UNDER THIS SECTION ARE NOT OPEN TO THE PUBLIC AND 2,590
RECORDS OF THOSE DELIBERATIONS ARE MAINTAINED IN CONFIDENCE. 2,591
NOTHING IN THIS SECTION PROHIBITS THE BOARD FROM MAKING PUBLIC 2,592
STATISTICAL INFORMATION THAT DOES NOT IDENTIFY OR TEND TO 2,593
IDENTIFY A SPECIFIC RECIPIENT OR PROVIDER OF EMERGENCY MEDICAL 2,594
SERVICES OR TRAUMA CARE. 2,595
(G) No provider that furnishes information, data, reports, 2,597
or records to the board with respect to any patient the provider 2,598
examined or treated shall, because of this furnishing, be deemed 2,599
liable in damages to any person or be held to answer for betrayal 2,600
of a professional confidence pursuant to section 4731.22 of the 2,601
Revised Code IN THE ABSENCE OF WILLFUL OR WANTON MISCONDUCT. No 2,602
such information, data, reports, or records shall be subject to 2,604
introduction in evidence in any civil action against the 2,605
provider. No provider that furnishes information, data, reports, 2,606
or records to the board shall be liable for the misuse or 2,607
improper release of the information, data, reports, or records by 2,608
the board, any other public agency, or any other person. 2,609
This section does not restrict, and shall not be construed 2,611
to restrict, public access to any information used or considered 2,612
by the board in preparing any report, unless the information is 2,613
not a public record under section 149.43 of the Revised Code NO 2,615
PERSON WHO PERFORMS RISK ADJUSTMENT FUNCTIONS UNDER THIS SECTION
SHALL, BECAUSE OF PERFORMING SUCH FUNCTIONS, BE HELD LIABLE IN A 2,616
CIVIL ACTION FOR BETRAYAL OF PROFESSIONAL CONFIDENCE OR OTHERWISE 2,617
IN THE ABSENCE OF WILLFUL OR WANTON MISCONDUCT. 2,618
Sec. 4765.07. (A) The state board of emergency medical 2,627
services shall establish an emergency medical services ADOPT 2,628
RULES UNDER SECTION 4765.11 OF THE REVISED CODE TO ESTABLISH AND 2,629
59
ADMINISTER A grant program under which grants are equitably 2,630
distributed ACCORDING TO THE FOLLOWING PRIORITIES: 2,631
(1) FIRST PRIORITY SHALL BE GIVEN to emergency medical 2,634
service organizations for the training of their personnel, for 2,635
the purchase of equipment AND VEHICLES, and to improve the 2,636
availability, accessibility, and quality of emergency medical 2,637
services in this state. The IN THIS CATEGORY, THE BOARD SHALL 2,639
GIVE PRIORITY TO GRANTS THAT FUND TRAINING AND EQUIPPING OF 2,640
EMERGENCY MEDICAL SERVICES PERSONNEL. 2,641
(2) SECOND PRIORITY SHALL BE GIVEN TO ENTITIES THAT 2,643
RESEARCH THE CAUSES, NATURE, AND EFFECTS OF TRAUMATIC INJURIES, 2,644
EDUCATE THE PUBLIC ABOUT INJURY PREVENTION, AND IMPLEMENT, TEST, 2,645
AND EVALUATE INJURY PREVENTION STRATEGIES. 2,646
(3) THIRD PRIORITY SHALL BE GIVEN TO ENTITIES THAT 2,648
RESEARCH, TEST, AND EVALUATE PROCEDURES THAT PROMOTE THE 2,649
REHABILITATION, RETRAINING, AND REEMPLOYMENT OF TRAUMA VICTIMS 2,650
AND SOCIAL SERVICE SUPPORT MECHANISMS FOR TRAUMA VICTIMS AND 2,651
THEIR FAMILIES.
(4) FOURTH PRIORITY SHALL BE GIVEN TO ENTITIES THAT 2,653
RESEARCH, TEST, AND EVALUATE MEDICAL PROCEDURES RELATED TO TRAUMA 2,655
CARE.
(B) THE grant program shall be funded with moneys provided 2,659
under FROM THE TRAUMA AND EMERGENCY MEDICAL SERVICES GRANTS FUND 2,660
CREATED BY section 4513.263 of the Revised Code. The board shall 2,661
administer the grant program in accordance with procedures 2,662
established in rules adopted under section 4765.11 of the Revised 2,663
Code. The board shall give priority, in distributing grants, to 2,664
those grants that will be used to provide training to personnel. 2,665
MONEY CREDITED TO THE TRAUMA AND EMERGENCY MEDICAL SERVICES 2,667
GRANTS FUND MAY BE USED FOR PURPOSES NOT SPECIFIED IN DIVISION 2,668
(A) OF THIS SECTION ONLY TO THE EXTENT THE BOARD DETERMINES THEY 2,669
EXCEED REASONABLY FORESEEABLE FUNDING NEEDS UNDER THAT DIVISION, 2,670
AND THEN UPON SUCH TERMS AS THE BOARD MAY DETERMINE. 2,671
Sec. 4765.09. The state board of emergency medical 2,680
60
services shall prepare recommendations for the operation of 2,681
ambulance service organizations, AIR MEDICAL ORGANIZATIONS, and 2,683
emergency medical service organizations. Within thirty days 2,684
following each meeting of the board THE PREPARATION OR 2,685
MODIFICATION OF RECOMMENDATIONS, the board shall notify the board 2,686
of county commissioners of any county, the board of township 2,688
trustees of any township, the board of trustees of any joint 2,689
ambulance district, or the board of trustees of any joint 2,690
emergency medical services district in which there exist 2,691
ambulance service organizations, AIR MEDICAL ORGANIZATIONS, or 2,692
emergency medical service organizations of any board 2,694
recommendations for the operation of such organizations. The 2,695
recommendations shall include, but not be limited to:
(A) The definition and classification of ambulances AND 2,697
MEDICAL AIRCRAFT; 2,698
(B) The design, equipment, and supplies for ambulances AND 2,700
MEDICAL AIRCRAFT, INCLUDING SPECIAL EQUIPMENT, SUPPLIES, 2,701
TRAINING, AND STAFFING REQUIRED TO ASSIST PEDIATRIC AND GERIATRIC 2,702
EMERGENCY VICTIMS;
(C) The minimum number and type of personnel for the 2,704
operation of ambulances AND MEDICAL AIRCRAFT; 2,705
(D) The communication systems necessary for the operation 2,707
of ambulances AND MEDICAL AIRCRAFT; 2,708
(E) Reports to be made by persons holding certificates of 2,710
accreditation or approval issued under section 4765.17 of the 2,711
Revised Code and certificates to practice issued under section 2,712
4765.30 of the Revised Code to ascertain compliance with this 2,713
chapter and the rules and recommendations adopted thereunder and 2,714
to ascertain the quantity and quality of ambulance service 2,715
organizations, AIR MEDICAL ORGANIZATIONS, and emergency medical 2,717
service organizations throughout the state. 2,718
Sec. 4765.10. (A) The state board of emergency medical 2,727
services shall do all of the following: 2,728
(1) Administer and enforce the provisions of this chapter 2,730
61
and the rules adopted under it; 2,731
(2) Approve, in accordance with procedures established in 2,733
rules adopted under section 4765.11 of the Revised Code, 2,734
examinations that demonstrate competence to have a certificate to 2,735
practice renewed without completing a continuing education 2,736
program; 2,737
(3) Advise applicants for state or federal emergency 2,739
medical services funds, review and comment on applications for 2,740
these funds, and approve the use of all state and federal funds 2,741
designated solely for emergency medical service programs unless 2,742
federal law requires another state agency to approve the use of 2,743
all such federal funds; 2,744
(4) Serve as a statewide clearinghouse for discussion, 2,746
inquiry, and complaints concerning emergency medical services; 2,747
(5) Make recommendations to the general assembly on 2,749
legislation to improve the delivery of emergency medical 2,750
services; 2,751
(6) Maintain a toll-free long distance telephone number 2,753
through which it shall respond to questions about emergency 2,754
medical services; 2,755
(7) Work with the APPROPRIATE state fire marshal's office 2,758
OFFICES in coordinating the training of firefighters and 2,759
emergency medical services personnel when possible. The office 2,761
OTHER STATE OFFICES THAT ARE INVOLVED IN THE TRAINING OF 2,762
FIREFIGHTERS OR EMERGENCY MEDICAL SERVICES PERSONNEL shall 2,763
cooperate with the board AND ITS COMMITTEES AND SUBCOMMITTEES to 2,764
achieve this goal.
(8) Provide a liaison to the state emergency operation 2,766
center during those periods when a disaster, as defined in 2,767
section 5502.21 of the Revised Code, has occurred in this state 2,768
and the governor has declared an emergency as defined in that 2,769
section.
(B) The board may do any of the following: 2,771
(1) Investigate complaints concerning emergency medical 2,773
62
services and emergency medical service organizations as it 2,774
determines necessary; 2,775
(2) Enter into reciprocal agreements with other states 2,777
that have standards for accreditation of emergency medical 2,778
services training programs and for certification of first 2,780
responders, EMTs-basic, EMTs-I, paramedics, firefighters, or fire 2,781
safety inspectors that are substantially similar to those 2,783
established under this chapter and the rules adopted under it; 2,784
(3) Establish a statewide public information system and 2,786
public education programs regarding emergency medical services; 2,787
(4) Establish an injury prevention program. 2,789
(C) In accordance with rules adopted under section 4765.11 2,791
of the Revised Code, the board shall maintain the confidentiality 2,792
of any information it collects or receives under this chapter 2,793
that would identify a specific patient or recipient of emergency 2,794
medical services or trauma care, except as otherwise provided in 2,795
section 149.43 of the Revised Code. In any report prepared by 2,796
the board, information regarding patients or recipients of 2,797
emergency medical services or trauma care shall be presented only 2,798
in aggregate statistical form. 2,799
Sec. 4765.11. (A) The state board of emergency medical 2,808
services shall adopt, and may amend and rescind, rules in 2,809
accordance with Chapter 119. of the Revised Code and division (C) 2,810
of this section that establish all of the following: 2,811
(1) Procedures for its governance and the control of its 2,813
actions and business affairs; 2,814
(2) Standards for the performance of emergency medical 2,816
services by first responders, emergency medical 2,817
technicians-basic, emergency medical technicians-intermediate, 2,818
and emergency medical technicians-paramedic; 2,819
(3) Application fees for certificates of accreditation, 2,821
certificates of approval, certificates to teach, and certificates 2,822
to practice, which shall be deposited into the TRAUMA AND 2,823
emergency medical services fund created in section 4513.263 of 2,825
63
the Revised Code;
(4) Procedures CRITERIA for determining when the 2,827
application or renewal fee for a certificate to practice may be 2,828
waived because an applicant cannot afford to pay the fee; 2,829
(5) Procedures for issuance and renewal of certificates of 2,831
accreditation, certificates of approval, certificates to teach, 2,832
and certificates to practice, INCLUDING ANY PROCEDURES NECESSARY 2,833
TO ENSURE THAT ADEQUATE NOTICE OF RENEWAL IS PROVIDED IN 2,834
ACCORDANCE WITH DIVISION (D) OF SECTION 4765.30 OF THE REVISED 2,835
CODE;
(6) Procedures for suspending or revoking certificates of 2,837
accreditation, certificates of approval, certificates to teach, 2,838
and certificates to practice; 2,839
(7) Grounds for suspension or revocation of a certificate 2,841
to practice issued under section 4765.30 of the Revised Code and 2,842
for taking any other disciplinary action against a first 2,843
responder, EMT-basic, EMT-I, or paramedic; 2,844
(8) Procedures for taking disciplinary action against a 2,846
first responder, EMT-basic, EMT-I, or paramedic; 2,847
(9) Standards for certificates of accreditation and 2,849
certificates of approval; 2,850
(10) Qualifications for certificates to teach; 2,852
(11) Requirements for a certificate to practice; 2,854
(12) The curricula, number of hours of instruction and 2,856
training, and instructional materials to be used in emergency 2,857
medical services training programs and emergency medical services 2,858
continuing education programs; 2,859
(13) Procedures for conducting courses in recognizing 2,861
symptoms of life-threatening allergic reactions and in 2,862
calculating proper dosage levels and administering injections of 2,863
epinephrine to persons who suffer life-threatening allergic 2,864
reactions; 2,865
(14) Examinations for certificates to practice; 2,867
(15) Procedures for administering examinations for 2,869
64
certificates to practice; 2,870
(16) Procedures for approving examinations that 2,872
demonstrate competence to have a certificate to practice renewed 2,873
without completing an emergency medical services continuing 2,874
education program; 2,875
(17) Procedures for granting extensions and exemptions of 2,877
emergency medical services continuing education requirements; 2,878
(18) Procedures for approving the additional emergency 2,880
medical services first responders are authorized by division (C) 2,881
of section 4765.35 of the Revised Code to perform, EMTs-basic are 2,882
authorized by division (C) of section 4765.37 of the Revised Code 2,884
to perform, EMTs-I are authorized by division (B)(5) of section 2,885
4765.38 of the Revised Code to perform, and paramedics are
authorized by division (B)(6) of section 4765.39 of the Revised 2,886
Code to perform;
(19) Standards and procedures for maintaining the trauma 2,888
system registry established under IMPLEMENTING THE REQUIREMENTS 2,889
OF section 4765.06 of the Revised Code, including designations of 2,891
the persons who are required to report information to the board 2,892
and the types of information to be reported; 2,893
(20) Standards for protecting the confidentiality of all 2,895
information the board collects or receives under this chapter 2,896
that would identify a specific patient or recipient of emergency 2,897
medical services or trauma care, except as otherwise provided in 2,898
section 149.43 of the Revised Code; 2,899
(21) Procedures for administering the emergency medical 2,901
services grant program established under section 4765.07 of the 2,902
Revised Code; 2,903
(22)(21) Procedures consistent with Chapter 119. of the 2,905
Revised Code for appealing decisions of the board; 2,906
(22) MINIMUM QUALIFICATIONS AND PEER REVIEW AND QUALITY 2,908
IMPROVEMENT REQUIREMENTS FOR PERSONS WHO PROVIDE MEDICAL 2,909
DIRECTION TO EMERGENCY MEDICAL SERVICES PERSONNEL. 2,910
(B) The board may adopt, and may amend and rescind, rules 2,912
65
in accordance with Chapter 119. of the Revised Code and division 2,913
(C) of this section that establish the following: 2,914
(1) Specifications of information that may be collected 2,916
under the trauma system registry and incidence reporting system 2,917
created under section 4765.06 of the Revised Code; 2,918
(2) Standards and procedures for implementing any of the 2,920
recommendations made by the advisory groups established under 2,921
section 4765.04 4757.57 of the Revised Code; 2,922
(3) Requirements that a person must meet to receive a 2,924
certificate to practice as a first responder pursuant to division 2,925
(A)(2) of section 4765.30 of the Revised Code; 2,926
(4) Any other rules necessary to implement this chapter. 2,928
(C) IN DEVELOPING AND ADMINISTERING RULES ADOPTED UNDER 2,930
THIS CHAPTER, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL 2,931
CONSULT WITH REGIONAL DIRECTORS AND REGIONAL PHYSICIAN ADVISORY 2,932
BOARDS CREATED BY SECTION 4765.05 OF THE REVISED CODE. 2,933
(D) IN DEVELOPING AND ADMINISTERING RULES RELATING TO 2,935
TRAUMA TRIAGE PROTOCOLS FOR EMERGENCY MEDICAL SERVICES 2,936
ORGANIZATIONS, AND THE TRAUMA REGISTRY, THE STATE BOARD OF 2,938
EMERGENCY MEDICAL SERVICES SHALL CONSULT AND COOPERATE WITH THE
DIRECTOR OF HEALTH TO PREVENT DUPLICATION AND INCONSISTENCIES 2,939
BETWEEN RULES ADOPTED UNDER CHAPTERS 3702. AND 4765. OF THE 2,940
REVISED CODE.
(E) Except as otherwise provided in this division, before 2,942
adopting, amending, or rescinding any rule under this chapter, 2,943
the board shall submit the proposed rule to the director of 2,944
public safety for review. The director may review the proposed 2,946
rule for not more than sixty days after the date it is submitted. 2,947
If, within this sixty-day period, the director approves the 2,948
proposed rule or does not notify the board that the rule is
disapproved, the board may adopt, amend, or rescind the rule as 2,950
proposed. If, within this sixty-day period, the director
notifies the board that the proposed rule is disapproved, the 2,951
board shall not adopt, amend, or rescind the rule as proposed 2,952
66
unless at least twelve members of the board vote to adopt, amend, 2,953
or rescind it. 2,954
This division does not apply to an emergency rule adopted 2,956
in accordance with section 119.03 of the Revised Code. 2,957
Sec. 4765.12. (A) NOT LATER THAN ONE YEAR AFTER THE 2,960
EFFECTIVE DATE OF THIS SECTION, THE STATE BOARD OF EMERGENCY
MEDICAL SERVICES SHALL DEVELOP AND DISTRIBUTE GUIDELINES FOR THE 2,962
CARE OF TRAUMA VICTIMS BY EMERGENCY MEDICAL SERVICES PERSONNEL 2,963
AND FOR THE CONDUCT OF PEER REVIEW AND QUALITY ASSURANCE PROGRAMS 2,964
BY EMERGENCY MEDICAL SERVICES ORGANIZATIONS. THE GUIDELINES 2,965
SHALL BE CONSISTENT WITH THE TRAUMA TRIAGE PROTOCOLS ADOPTED IN 2,966
RULES UNDER SECTIONS 4567.11 AND 4567.40 OF THE REVISED CODE AND 2,968
SHALL PLACE EMPHASIS ON THE SPECIAL NEEDS OF PEDIATRIC AND 2,969
GERIATRIC TRAUMA VICTIMS. IN DEVELOPING THE GUIDELINES, THE 2,970
BOARD SHALL CONSULT WITH ENTITIES WITH INTERESTS IN TRAUMA AND 2,971
EMERGENCY MEDICAL SERVICES AND SHALL CONSIDER ANY RELEVANT 2,972
GUIDELINES ADOPTED BY NATIONAL ORGANIZATIONS, INCLUDING THE 2,974
AMERICAN COLLEGE OF SURGEONS, AMERICAN COLLEGE OF EMERGENCY 2,975
PHYSICIANS, AND AMERICAN ACADEMY OF PEDIATRICS. THE BOARD SHALL 2,977
DISTRIBUTE THE GUIDELINES, AND AMENDMENTS TO THE GUIDELINES, TO 2,978
EACH EMERGENCY MEDICAL SERVICES ORGANIZATION, REGIONAL DIRECTOR 2,979
AND REGIONAL PHYSICIANS ADVISORY BOARD, CERTIFIED EMERGENCY
MEDICAL SERVICES INSTRUCTOR, AND PERSON WHO REGULARLY PROVIDES 2,980
MEDICAL DIRECTION TO EMERGENCY MEDICAL SERVICES PERSONNEL IN THIS 2,981
STATE.
(B) NOT LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE 2,984
DATE OF THIS SECTION, EACH EMERGENCY MEDICAL SERVICES 2,985
ORGANIZATION IN THIS STATE SHALL IMPLEMENT ONGOING PEER REVIEW 2,986
AND QUALITY ASSURANCE PROGRAMS DESIGNED TO IMPROVE THE 2,987
AVAILABILITY AND QUALITY OF THE EMERGENCY MEDICAL SERVICES IT 2,988
PROVIDES. THE FORM AND CONTENT OF THE PROGRAMS SHALL BE 2,989
DETERMINED BY EACH EMERGENCY MEDICAL SERVICES ORGANIZATION. IN 2,990
IMPLEMENTING THE PROGRAMS, EACH EMERGENCY MEDICAL SERVICES 2,991
ORGANIZATION SHALL CONSIDER HOW TO IMPROVE ITS ABILITY TO PROVIDE 2,992
67
EFFECTIVE TRAUMA CARE, PARTICULARLY FOR PEDIATRIC AND GERIATRIC 2,993
TRAUMA VICTIMS, AND SHALL TAKE INTO ACCOUNT THE TRAUMA CARE 2,994
GUIDELINES DEVELOPED BY THE BOARD UNDER THIS SECTION. 2,995
Sec. 4765.15. A person seeking to operate an emergency 3,004
medical services training program shall submit a completed 3,005
application for accreditation to the state board of emergency 3,006
medical services on a form the board shall prescribe and furnish. 3,007
The application shall be accompanied by the appropriate 3,008
application fee established in rules adopted under section 3,009
4765.11 of the Revised Code. 3,010
A person seeking to operate an emergency medical services 3,012
continuing education program shall submit a completed application 3,013
for approval to the board on a form the board shall prescribe and 3,014
furnish. The application shall be accompanied by the appropriate 3,015
application fee established in rules adopted under section 3,016
4765.11 of the Revised Code. 3,017
The board shall administer the accreditation and approval 3,019
processes pursuant to rules adopted under section 4765.11 of the 3,020
Revised Code. In administering these processes, the board may 3,021
authorize OTHER persons or other entities to evaluate 3,022
applications for accreditation or approval and may accept the 3,023
recommendations made by the entities THOSE PERSONS. 3,025
The board may cause an investigation to be made into the 3,027
accuracy of the information submitted in any application for 3,028
accreditation or approval. If an investigation indicates that 3,029
false, misleading, or incomplete information has been submitted 3,030
to the board in connection with any application for accreditation 3,031
or approval, the board shall conduct a hearing on the matter in 3,032
accordance with Chapter 119. of the Revised Code. 3,033
Sec. 4765.16. (A) All courses offered through an 3,042
emergency medical services training program or an emergency 3,043
medical services continuing education program, other than 3,044
ambulance driving, shall be developed under the direction of a 3,045
physician who specializes in emergency medicine AND IN 3,046
68
CONSULTATION WITH A PHYSICIAN WHO SPECIALIZES IN TRAUMA SURGERY. 3,047
On and after the date the state board of emergency medical 3,048
services begins issuing certificates to teach under section 3,049
4765.23 of the Revised Code, each EACH course offered through a 3,050
training program or continuing education program shall be taught 3,052
by a person who holds the appropriate certificate to teach issued 3,053
under that section 4765.23 OF THE REVISED CODE. 3,054
(B) A training program for first responders shall meet the 3,056
standards established in rules adopted by the STATE board OF 3,057
EMERGENCY MEDICAL SERVICES under section 4765.11 of the Revised 3,058
Code. The program shall include courses in both of the following 3,059
areas for at least the number of hours established by the board's 3,060
rules:
(1) Emergency victim care; 3,062
(2) Reading and interpreting a trauma victim's vital 3,064
signs.
(C) A training program for emergency medical 3,066
technicians-basic shall meet the standards established in rules 3,067
adopted by the state board of emergency medical services under 3,068
section 4765.11 of the Revised Code. The program shall include 3,070
courses in each of the following areas for at least the number of 3,071
hours established by the board's rules:
(1) Emergency victim care; 3,073
(2) Reading and interpreting a trauma victim's vital 3,075
signs; 3,076
(3) TRIAGE PROTOCOLS FOR TRAUMA VICTIMS; 3,078
(4) In-hospital training; 3,080
(4)(5) Clinical training; 3,082
(5)(6) Training as an ambulance driver. 3,084
Each operator of a training program for emergency medical 3,086
technicians-basic shall allow any pupil in the twelfth grade in a 3,088
secondary school who is at least seventeen years old and who
otherwise meets the requirements for admission into such a 3,089
training program to be admitted to and complete the program and, 3,090
69
as part of the training, to ride in an ambulance with emergency 3,091
medical technicians-basic, emergency medical 3,092
technicians-intermediate, and emergency medical 3,093
technicians-paramedic. Each emergency medical service
organization shall allow pupils participating in training 3,094
programs to ride in an ambulance with emergency medical 3,095
technicians-basic, advanced emergency medical
technicians-intermediate, and emergency medical 3,096
technicians-paramedic. 3,097
(D) A training program for emergency medical 3,099
technicians-intermediate shall meet the standards established in 3,100
rules adopted by the board under section 4765.11 of the Revised 3,101
Code. The program shall include, OR REQUIRE AS A PREREQUISITE, 3,102
THE TRAINING SPECIFIED IN DIVISION (C) OF THIS SECTION AND 3,103
courses in each of the following areas for at least the number of 3,104
hours established by the board's rules: 3,105
(1) Recognizing symptoms of life-threatening allergic 3,107
reactions and in calculating proper dosage levels and 3,108
administering injections of epinephrine to persons who suffer 3,109
life-threatening allergic reactions, conducted in accordance with 3,110
rules adopted by the board under section 4765.11 of the Revised 3,111
Code; 3,112
(2) Venous access procedures; 3,114
(3) Cardiac monitoring and electrical interventions to 3,116
support or correct the cardiac function. 3,117
(E) A training program for emergency medical 3,119
technicians-paramedic shall meet the standards established in 3,120
rules adopted by the board under section 4765.11 of the Revised 3,121
Code. The program shall include, OR REQUIRE AS A PREREQUISITE, 3,122
THE TRAINING SPECIFIED IN DIVISIONS (C) AND (D) OF THIS SECTION 3,123
AND courses in each of the following areas for at least the 3,125
number of hours established by the board's rules: 3,126
(1) Medical terminology; 3,128
(2) Venous access procedures; 3,130
70
(3) Airway procedures; 3,132
(4) Patient assessment and triage; 3,134
(5) Acute cardiac care, including administration of 3,136
parenteral injections, electrical interventions, and other 3,137
emergency medical services; 3,138
(6) Emergency and trauma victim care beyond that required 3,140
under division (B)(C) of this section; 3,141
(7) Clinical training beyond that required under division 3,143
(B)(C) of this section. 3,144
(F) A continuing education program for first responders, 3,147
EMTs-basic, EMTs-I, or paramedics shall meet the standards 3,148
established in rules adopted by the board under section 4765.11 3,149
of the Revised Code. A continuing education program shall 3,150
include instruction and training in subjects established by the 3,151
board's rules for at least the number of hours established by the 3,152
board's rules.
Sec. 4765.30. (A)(1) The state board of emergency medical 3,161
services shall issue a certificate to practice as a first 3,163
responder to an applicant who meets all of the following 3,164
conditions:
(a) Except as provided in division (A)(2) of this section, 3,167
is a volunteer for a nonprofit emergency medical service
organization or a nonprofit fire department; 3,168
(b) Holds the appropriate certificate of completion issued 3,170
in accordance with section 4765.24 of the Revised Code; 3,171
(c) Passes the appropriate examination conducted under 3,173
section 4765.29 of the Revised Code; 3,174
(d) Is not in violation of any provision of this chapter 3,176
or the rules adopted under it; 3,177
(e) Meets any other certification requirements established 3,179
in rules adopted under section 4765.11 of the Revised Code. 3,181
(2) The board may waive the requirement to be a volunteer 3,183
for a nonprofit entity if the applicant meets other requirements 3,184
established in rules adopted under division (B)(3) of section 3,185
71
4765.11 of the Revised Code relative to a person's eligibility to 3,186
practice as a first responder.
(B) The state board of emergency medical services shall 3,188
issue a certificate to practice as an emergency medical 3,189
technician-basic to an applicant who meets all of the following 3,190
conditions:
(1) Holds a certificate of completion in emergency medical 3,192
services training-basic issued in accordance with section 4765.24 3,193
of the Revised Code; 3,194
(2) Passes the examination for emergency medical 3,196
technicians-basic conducted under section 4765.29 of the Revised 3,197
Code;
(3) Is not in violation of any provision of this chapter 3,199
or the rules adopted under it; 3,200
(4) Meets any other certification requirements established 3,202
in rules adopted under section 4765.11 of the Revised Code. 3,203
(C) The state board of emergency medical services shall 3,205
issue a certificate to practice as an emergency medical 3,207
technician-intermediate or emergency medical technician-paramedic
to an applicant who meets all of the following conditions: 3,208
(1) Holds a certificate to practice as an emergency 3,210
medical technician-basic; 3,211
(2) Holds the appropriate certificate of completion issued 3,213
in accordance with section 4765.24 of the Revised Code; 3,214
(3) Passes the appropriate examination conducted under 3,216
section 4765.29 of the Revised Code; 3,217
(4) Is not in violation of any provision of this chapter 3,219
or the rules adopted under it; 3,220
(5) Meets any other certification requirements established 3,222
in rules adopted under section 4765.11 of the Revised Code. 3,223
(D) A certificate to practice is valid for three years and 3,225
may be renewed by the board pursuant to procedures established in 3,226
rules adopted under section 4765.11 of the Revised Code. An NOT 3,228
LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION DATE OF AN
72
INDIVIDUAL'S CERTIFICATE TO PRACTICE, THE BOARD SHALL NOTIFY THE 3,229
INDIVIDUAL OF THE SCHEDULED EXPIRATION AND FURNISH AN APPLICATION 3,230
FOR RENEWAL.
AN application for renewal shall be accompanied by the 3,232
appropriate renewal fee established in rules adopted under 3,233
section 4765.11 of the Revised Code, unless the board waives the 3,234
fee on determining pursuant to those rules that the applicant 3,235
cannot afford to pay the fee. Except as provided in division (B) 3,236
of section 4765.31 of the Revised Code, the application shall 3,237
include evidence of either of the following: 3,238
(1) That the applicant received a certificate of 3,240
completion from the appropriate emergency medical services 3,241
continuing education program pursuant to section 4765.24 of the 3,242
Revised Code; 3,243
(2) That the applicant has successfully passed an 3,245
examination approved by the board under division (A) of section 3,246
4765.10 THAT DEMONSTRATES THE COMPETENCE TO HAVE A CERTIFICATE 3,247
RENEWED WITHOUT COMPLETING AN EMERGENCY MEDICAL SERVICES 3,248
CONTINUING EDUCATION PROGRAM. THE BOARD SHALL APPROVE SUCH 3,249
EXAMINATIONS IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3,250
4765.11 of the Revised Code.
(E) The board shall not require an applicant for renewal 3,252
of a certificate to practice to take an examination as a 3,253
condition of renewing the certificate. This division does not 3,254
preclude the use of examinations by operators of approved 3,255
emergency medical services continuing education programs as a 3,256
condition for issuance of a certificate of completion in 3,257
emergency medical services continuing education. 3,258
Sec. 4765.32. A current, valid certificate of 3,267
accreditation issued under the provisions of former section 3,268
3303.11 or 3303.23 of the Revised Code shall remain valid until 3,269
one year after the expiration date of the certificate as 3,270
determined by the provisions of those sections and shall confer 3,271
the same privileges and impose the same responsibilities and 3,272
73
requirements as a certificate of accreditation issued by the 3,273
state board of emergency medical services under section 4765.17 3,274
of the Revised Code. 3,275
A current, valid certificate of competency of an emergency 3,277
medical technician-ambulance, advanced emergency medical 3,278
technician-ambulance, or emergency medical technician-paramedic 3,279
issued under the provisions of former section 3303.15 of the 3,280
Revised Code shall remain valid for two years after the 3,281
expiration date of the certificate as determined by the 3,282
provisions of that section and shall confer the same privileges 3,283
and impose the same responsibilities and requirements as a 3,284
certificate to practice issued by the state board of emergency 3,285
medical services under section 4765.30 of the Revised Code. 3,286
A certificate to practice as an emergency medical 3,288
technician-ambulance that is valid on the effective date of this 3,289
amendment NOVEMBER 24, 1995, shall be considered a certificate to 3,291
practice as an emergency medical technician-basic. A certificate 3,292
to practice as an advanced emergency medical technician-ambulance
that is valid on the effective date of this amendment NOVEMBER 3,294
24, 1995, shall be considered a certificate to practice as an 3,295
emergency medical technician-intermediate.
Sec. 4765.35. (A) A first responder shall perform the 3,305
emergency medical services described in this section in
accordance with this chapter and any rules adopted under it. 3,306
(B) A first responder may provide limited emergency 3,309
medical services to patients until the arrival of an emergency 3,310
medical technician-basic, emergency medical
technician-intermediate, or emergency medical 3,311
technician-paramedic. In an emergency, a first responder may 3,312
render emergency medical services such as opening and maintaining
an airway, giving mouth to barrier ventilation, chest 3,313
compressions, electrical interventions with automated 3,314
defibrillators to support or correct the cardiac function and 3,315
other methods determined by the board, controlling of hemorrhage,
74
manual stabilization of fractures, bandaging, and assisting in 3,316
childbirth, AND DETERMINING TRIAGE OF TRAUMA VICTIMS. 3,317
(C) A first responder may perform any other emergency 3,320
medical services approved pursuant to rules adopted under section 3,321
4765.11 of the Revised Code. The board shall determine whether 3,322
the nature of any such service requires that a first responder 3,323
receive authorization prior to performing the service. 3,324
(D)(1) Except as provided in division (D)(2) of this 3,327
section, if the board determines under division (C) of this 3,328
section that a service requires prior authorization, the service 3,329
shall be performed only pursuant to the written or verbal 3,330
authorization of a physician or of the cooperating physician 3,331
advisory board, or pursuant to an authorization transmitted 3,332
through a direct communication device by a physician or
registered nurse designated by a physician. 3,333
(2) If communications fail during an emergency situation 3,335
or the required response time prohibits communication, a first 3,336
responder may perform services subject to this division, if, in 3,337
the judgment of the first responder, the life of the patient is 3,338
in immediate danger. Services performed under these
circumstances shall be performed in accordance with the written 3,339
protocols established under section FOR TRIAGE OF TRAUMA VICTIMS 3,341
ESTABLISHED IN RULES ADOPTED UNDER SECTIONS 4765.11 AND 4765.40 3,342
of the Revised Code AND ANY APPLICABLE PROTOCOLS ADOPTED by the 3,344
emergency medical service organization with which the first
responder is affiliated. 3,345
Sec. 4765.37. (A) An emergency medical technician-basic 3,355
shall perform the emergency medical services described in this 3,357
section in accordance with this chapter and any rules adopted 3,358
under it by the state board of emergency medical services. 3,359
(B) An emergency medical technician-basic may operate, or 3,363
be responsible for operation of, an ambulance and may provide
emergency medical services to patients. In an emergency, an 3,365
EMT-basic may determine the nature and extent of illness or 3,366
75
injury and establish priority for required emergency medical 3,367
services. An EMT-basic may render emergency medical services 3,369
such as opening and maintaining an airway, giving positive 3,370
pressure ventilation, cardiac resuscitation, electrical 3,371
interventions with automated defibrillators to support or correct 3,372
the cardiac function and other methods determined by the board, 3,373
controlling of hemorrhage, treatment of shock, immobilization of 3,374
fractures, bandaging, assisting in childbirth, management of 3,375
mentally disturbed patients, and initial care of poison and burn 3,376
patients, AND DETERMINING TRIAGE OF TRAUMA VICTIMS. Where 3,377
patients must in an emergency be extricated from entrapment, an 3,378
EMT-basic may assess the extent of injury and render all possible 3,380
emergency medical services and protection to the entrapped 3,381
patient; provide light rescue services if an ambulance has not 3,382
been accompanied by a specialized unit; and after extrication, 3,383
provide additional care in sorting of the injured in accordance 3,384
with standard emergency procedures. 3,385
(C) An EMT-basic may perform any other emergency medical 3,388
services approved pursuant to rules adopted under section 4765.11 3,389
of the Revised Code. The board shall determine whether the 3,390
nature of any such service requires that an EMT-basic receive 3,392
authorization prior to performing the service. 3,393
(D)(1) Except as provided in division (D)(2) of this 3,395
section, if the board determines under division (C) of this 3,396
section that a service requires prior authorization, the service 3,397
shall be performed only pursuant to the written or verbal 3,398
authorization of a physician or of the cooperating physician 3,399
advisory board, or pursuant to an authorization transmitted 3,400
through a direct communication device by a physician or 3,401
registered nurse designated by a physician. 3,402
(2) If communications fail during an emergency situation 3,404
or the required response time prohibits communication, an 3,406
EMT-basic may perform services subject to this division, if, in 3,407
the judgment of the EMT-basic, the life of the patient is in 3,408
76
immediate danger. Services performed under these circumstances 3,409
shall be performed in accordance with the written protocols 3,410
established under section FOR TRIAGE OF TRAUMA VICTIMS 3,411
ESTABLISHED IN RULES ADOPTED UNDER SECTIONS 4765.11 AND 4765.40 3,412
of the Revised Code AND ANY APPLICABLE PROTOCOLS ADOPTED by the 3,413
emergency medical service organization with which the EMT-basic 3,415
is affiliated.
Sec. 4765.38. (A) An emergency medical 3,424
technician-intermediate shall perform the emergency medical 3,426
services described in this section in accordance with this 3,427
chapter and any rules adopted under it. 3,428
(B) An EMT-I may do any of the following: 3,431
(1) Establish and maintain an intravenous lifeline that 3,433
has been approved by a cooperating physician or physician 3,434
advisory board; 3,435
(2) Perform cardiac monitoring; 3,437
(3) Perform electrical interventions to support or correct 3,439
the cardiac function; 3,440
(4) Administer epinephrine; 3,442
(5) DETERMINE TRIAGE OF TRAUMA VICTIMS; 3,444
(6) Perform any other emergency medical services approved 3,446
pursuant to rules adopted under section 4765.11 of the Revised 3,447
Code. 3,448
(C)(1) Except as provided in division (C)(2) of this 3,450
section, the services described in division (B) of this section 3,451
shall be performed by an EMT-I only pursuant to the written or 3,453
verbal authorization of a physician or of the cooperating
physician advisory board, or pursuant to an authorization 3,454
transmitted through a direct communication device by a physician 3,455
or registered nurse designated by a physician. 3,456
(2) If communications fail during an emergency situation 3,458
or the required response time prohibits communication, an EMT-I 3,460
may perform any of the services described in division (B) of this 3,462
section, if, in the judgment of the EMT-I, the life of the 3,463
77
patient is in immediate danger. Services performed under these 3,464
circumstances shall be performed in accordance with the written 3,465
protocols established under section FOR TRIAGE OF TRAUMA VICTIMS 3,466
ESTABLISHED IN RULES ADOPTED UNDER SECTIONS 4765.11 AND 4765.40 3,467
of the Revised Code AND ANY APPLICABLE PROTOCOLS ADOPTED by the 3,469
emergency medical service organization with which the EMT-I is 3,470
affiliated.
Sec. 4765.39. (A) An emergency medical 3,479
technician-paramedic shall perform the emergency medical services 3,480
described in this section in accordance with this chapter and any 3,481
rules adopted under it. 3,482
(B) A paramedic may do any of the following: 3,484
(1) Perform cardiac monitoring; 3,486
(2) Perform electrical interventions to support or correct 3,488
the cardiac function; 3,489
(3) Perform airway procedures; 3,491
(4) Perform relief of pneumothorax; 3,493
(5) Administer appropriate drugs and intravenous fluids; 3,495
(6) DETERMINE TRIAGE OF TRAUMA VICTIMS; 3,497
(7) Perform any other emergency medical services, 3,499
including life support or intensive care techniques, approved 3,500
pursuant to rules adopted under section 4765.11 of the Revised 3,501
Code. 3,502
(C)(1) Except as provided in division (C)(2) of this 3,504
section, the services described in division (B) of this section 3,505
shall be performed by a paramedic only pursuant to the written or 3,506
verbal authorization of a physician or of the cooperating 3,507
physician advisory board, or pursuant to an authorization 3,508
transmitted through a direct communication device by a physician 3,509
or registered nurse designated by a physician. 3,510
(2) If communications fail during an emergency situation 3,512
or the required response time prohibits communication, a 3,513
paramedic may perform any of the services described in division 3,514
(B) of this section, if, in his THE PARAMEDIC'S judgment, the 3,515
78
life of the patient is in immediate danger. Services performed 3,517
under these circumstances shall be performed in accordance with 3,518
the written protocols established under section FOR TRIAGE OF 3,519
TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER SECTIONS 3,520
4765.11 AND 4765.40 of the Revised Code AND ANY APPLICABLE 3,521
PROTOCOLS ADOPTED by the emergency medical service organization 3,522
with which the paramedic is affiliated. 3,523
Sec. 4765.40. The medical director or cooperating 3,533
physician advisory board of each emergency medical service 3,534
organization shall establish written protocols to be followed by 3,535
first responders, emergency medical technicians-basic, emergency 3,536
medical technicians-intermediate, and emergency medical 3,537
technicians-paramedic in performing emergency medical services 3,538
when communications have failed or the required response time 3,539
prevents communication and the life of the patient is in 3,540
immediate danger.
(A) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF 3,543
THIS AMENDMENT, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES 3,544
SHALL ADOPT RULES UNDER SECTION 4765.11 OF THE REVISED CODE 3,546
ESTABLISHING WRITTEN PROTOCOLS FOR THE TRIAGE OF TRAUMA VICTIMS. 3,547
THE RULES SHALL DEFINE TRAUMA IN A MANNER THAT IS CONSISTENT WITH 3,548
THE DEFINITION OF TRAUMA IN SECTION 4765.01 OF THE REVISED CODE 3,551
AND IS DESIGNED TO MINIMIZE OVERTRIAGE AND UNDERTRIAGE IN 3,552
ADDRESSING THE NEEDS OF PERSONS WITH SEVERE INJURIES OR BURNS 3,553
THAT REQUIRE SPECIALIZED TRAUMA CARE. 3,554
(B) THE TRIAGE PROTOCOLS IN RULES ADOPTED UNDER DIVISION 3,557
(A) OF THIS SECTION SHALL REQUIRE A TRAUMA VICTIM TO BE 3,558
TRANSPORTED DIRECTLY TO A TRAUMA CENTER THAT IS QUALIFIED TO 3,559
PROVIDE APPROPRIATE TRAUMA CARE UNDER STANDARDS ESTABLISHED IN 3,560
RULES ADOPTED UNDER SECTIONS 3702.11 AND 3702.161 OF THE REVISED 3,561
CODE, UNLESS ONE OR MORE OF THE FOLLOWING EXCEPTIONS APPLIES: 3,563
(1) IT IS MEDICALLY NECESSARY TO TRANSPORT THE VICTIM TO 3,565
ANOTHER HOSPITAL FOR INITIAL ASSESSMENT AND STABILIZATION BEFORE 3,567
TRANSFER TO A TRAUMA CENTER;
79
(2) IT IS UNSAFE OR MEDICALLY INAPPROPRIATE TO TRANSPORT 3,569
THE VICTIM DIRECTLY TO A TRAUMA CENTER DUE TO ADVERSE WEATHER OR 3,570
GROUND CONDITIONS OR EXCESSIVE TRANSPORT TIME; 3,571
(3) TRANSPORTING THE VICTIM TO A TRAUMA CENTER WOULD CAUSE 3,574
A SHORTAGE OF LOCAL EMERGENCY MEDICAL SERVICE RESOURCES; 3,575
(4) NO APPROPRIATE TRAUMA CENTER IS ABLE TO RECEIVE AND 3,577
PROVIDE TRAUMA CARE TO THE VICTIM WITHOUT UNDUE DELAY. 3,578
(C) THE TRIAGE RULES SHALL NOT REQUIRE A TRAUMA PATIENT TO 3,581
BE TRANSPORTED TO A PARTICULAR TRAUMA CENTER. THE TRIAGE RULES 3,582
SHALL NOT PROHIBIT OR RESTRICT THE ADOPTION OF LOCAL OR REGIONAL 3,583
TRIAGE GUIDELINES THAT DIRECT TO TRAUMA CENTERS EMERGENCY VICTIMS 3,584
THAT WOULD NOT BE TRANSPORTED TO A TRAUMA CENTER UNDER TRIAGE 3,585
RULES ADOPTED BY THE BOARD. IN DEVELOPING THE TRIAGE RULES, THE 3,586
BOARD SHALL CONSIDER RELEVANT MODEL TRIAGE RULES AND SHALL 3,587
CONSULT WITH REGIONAL DIRECTORS, REGIONAL PHYSICIAN ADVISORY 3,588
BOARDS, AND APPROPRIATE MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL 3,589
SERVICES ORGANIZATIONS. THE BOARD SHALL PROVIDE COPIES OF THE 3,590
TRIAGE RULES, AND AMENDMENTS TO THE RULES, TO EACH EMERGENCY 3,591
MEDICAL SERVICES ORGANIZATION, REGIONAL DIRECTOR AND REGIONAL 3,592
PHYSICIAN ADVISORY BOARD, CERTIFIED EMERGENCY MEDICAL SERVICES 3,593
INSTRUCTOR, AND PERSON WHO REGULARLY PROVIDES MEDICAL DIRECTION 3,594
TO EMERGENCY MEDICAL SERVICES PERSONNEL IN THE STATE; TO EACH 3,595
MEDICAL SERVICES ORGANIZATION IN OTHER JURISDICTIONS THAT 3,596
REGULARLY PROVIDE EMERGENCY MEDICAL SERVICES IN THIS STATE; AND 3,597
TO OTHERS UPON REQUEST. 3,598
(D) NO PROVIDER OF EMERGENCY MEDICAL SERVICES OR PERSON 3,600
WHO PROVIDES MEDICAL DIRECTION TO EMERGENCY MEDICAL SERVICES 3,601
PERSONNEL IN THIS STATE SHALL FAIL TO COMPLY WITH THE TRIAGE 3,602
PROTOCOLS ESTABLISHED IN RULES ADOPTED UNDER DIVISION (A) OF THIS 3,603
SECTION.
(E) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL 3,605
ADOPT RULES UNDER SECTION 4765.11 OF THE REVISED CODE THAT 3,606
PROVIDE FOR ENFORCEMENT OF THE RULES ADOPTED UNDER DIVISION (A) 3,607
OF THIS SECTION AND FOR EDUCATION REGARDING THOSE RULES FOR 3,608
80
EMERGENCY MEDICAL SERVICES ORGANIZATIONS AND PERSONNEL, REGIONAL 3,609
DIRECTORS AND REGIONAL PHYSICIAN ADVISORY BOARDS, EMERGENCY 3,610
MEDICAL SERVICES INSTRUCTORS, AND PERSONS WHO REGULARLY PROVIDE 3,611
MEDICAL DIRECTION TO EMERGENCY MEDICAL SERVICES PERSONNEL IN THIS 3,612
STATE.
Sec. 4765.41. THE MEDICAL DIRECTOR OR COOPERATING 3,614
PHYSICIAN ADVISORY BOARD OF EACH EMERGENCY MEDICAL SERVICE 3,615
ORGANIZATION SHALL ESTABLISH WRITTEN PROTOCOLS TO BE FOLLOWED BY 3,616
FIRST RESPONDERS, EMERGENCY MEDICAL TECHNICIANS-BASIC, EMERGENCY 3,617
MEDICAL TECHNICIANS-INTERMEDIATE, AND EMERGENCY MEDICAL 3,618
TECHNICIANS-PARAMEDIC IN PERFORMING EMERGENCY MEDICAL SERVICES
WHEN COMMUNICATIONS HAVE FAILED OR THE REQUIRED RESPONSE PREVENTS 3,619
COMMUNICATION AND THE LIFE OF THE PATIENT IS IN IMMEDIATE DANGER. 3,620
THE PROTOCOLS SHALL BE CONSISTENT WITH PROTOCOLS FOR THE 3,623
TRIAGE OF TRAUMA VICTIMS ADOPTED UNDER RULES PURSUANT TO SECTIONS 3,624
4765.11 AND 4765.40 OF THE REVISED CODE, BUT MAY DIRECT TO A
TRAUMA CENTER EMERGENCY VICTIMS THAT THOSE RULES DO NOT REQUIRE 3,625
TO BE TRANSPORTED TO A TRAUMA CENTER. 3,626
Sec. 4765.50. (A) Except as provided in division (D) of 3,635
this section, no person shall represent that the person is a 3,637
first responder, an emergency medical technician-basic or 3,638
EMT-basic, an emergency medical technician-intermediate or EMT-I, 3,639
or an emergency medical technician-paramedic or paramedic unless 3,640
appropriately certified under section 4765.30 of the Revised
Code.
(B)(1) No person shall operate an emergency medical 3,642
services training program without a certificate of accreditation 3,643
issued under section 4765.17 of the Revised Code. 3,644
(2) No person shall operate an emergency medical services 3,646
continuing education program without a certificate of approval 3,647
issued under section 4765.17 of the Revised Code. 3,648
(C) No public or private entity shall advertise or 3,650
disseminate information leading the public to believe that the 3,651
entity is an emergency medical service organization, unless that 3,652
81
entity actually provides emergency medical services. 3,653
(D) A person who is performing the functions of a first 3,655
responder, EMT-basic, EMT-I, or paramedic under the authority of 3,657
the laws of a state that borders JURISDICTION OTHER THAN this 3,658
state, who is employed by or serves as a volunteer with an 3,660
emergency medical service organization based in that state, and 3,661
provides emergency medical services to or transportation of a 3,662
patient in this state is not in violation of division (A) of this 3,663
section.
A person who is performing the functions of a first 3,665
responder, EMT-basic, EMT-I, or paramedic under a reciprocal 3,667
agreement authorized by section 4765.10 of the Revised Code is
not in violation of division (A) of this section. 3,668
Sec. 4765.55. (A) This section does not apply to a 3,676
cooperative education school district. 3,677
(B) The executive director of the state board of emergency 3,679
medical services shall, with the advice and counsel of the 3,680
subcommittee FIREFIGHTER AND FIRE SAFETY INSPECTOR TRAINING 3,681
COMMITTEE of the state board of emergency medical services for 3,683
firefighter and fire safety inspector training, assist in the 3,685
establishment and maintenance by any state agency, or any county, 3,686
township, city, village, school district, or educational service 3,687
center of a fire service training program for the training of all 3,688
paid and volunteer firefighters and fire safety inspectors in 3,689
this state. The executive director, with the advice and counsel 3,690
of the subcommittee COMMITTEE, shall adopt standards to regulate 3,691
such firefighter and fire safety inspector training programs. 3,693
The standards may include, but need not be limited to, provisions 3,694
for minimum courses of study, minimum hours of instruction, 3,695
attendance requirements, required equipment and facilities, 3,696
qualifications of instructors, basic physical and methods 3,697
training required of firefighters and fire safety inspectors, and 3,698
training schedules. The standards adopted to regulate training 3,699
programs for volunteer firefighters shall not require more than 3,700
82
thirty-six hours of training. The executive director, with the 3,701
advice and counsel of the subcommittee COMMITTEE, shall provide 3,703
for the classification and chartering of such training programs 3,704
and may revoke any charter for failure to meet standards. 3,705
(C) Certificates issued under this division shall be 3,707
prescribed by the executive director, with the advice and counsel 3,708
of the subcommittee FIREFIGHTER AND FIRE INSPECTOR TRAINING 3,709
COMMITTEE of the state board of emergency medical services for 3,710
firefighter and fire safety inspector training. 3,711
(1) The executive director shall issue a certificate to 3,714
each person satisfactorily completing a chartered training 3,715
program.
(2) The executive director, with the subcommittee's 3,717
COMMITTEE'S advice and counsel, shall establish criteria for 3,719
evaluating the standards maintained by other states and the 3,720
branches of the United States military for firefighter training 3,721
programs to determine whether the standards are equivalent to 3,722
those established under this section and shall establish
requirements and procedures for issuing a certificate to each 3,723
person who presents proof to the executive director of having 3,724
satisfactorily completed a training program that meets those 3,725
standards.
(3) The executive director, with the subcommittee's 3,727
COMMITTEE'S advice and counsel, shall establish requirements and 3,729
procedures for issuing a certificate in lieu of completing a 3,730
chartered firefighter training program to any person requesting a 3,731
certificate who began serving as a permanent full-time paid 3,732
firefighter with the fire department of a city or village prior 3,733
to July 2, 1970, or as a volunteer firefighter with the fire
department of a township, fire district, city, or village prior 3,734
to July 2, 1979. 3,735
(D) The subcommittee of the state board of emergency 3,737
medical services for firefighter and fire safety inspector 3,738
training is hereby created and shall consist of the member of the 3,739
83
state board of emergency medical services who is appointed by the 3,740
director of public safety, the members of the board who are 3,741
chiefs of fire departments, and the members of the board who are 3,742
emergency medical technicians-basic, emergency medical 3,743
technicians-intermediate, and emergency medical 3,744
technicians-paramedic appointed to the board from among persons 3,745
nominated by the Ohio association of professional fire fighters 3,746
or the northern Ohio fire fighters and from among persons 3,747
nominated by the Ohio state firefighter's association. The 3,748
chairperson of the subcommittee shall be the member of the board 3,749
who is appointed by the director of public safety. Each member 3,750
of the subcommittee, except for the chairperson, may designate a 3,751
person with fire experience to serve in that member's place. 3,752
(E) Nothing in this section invalidates any part of OTHER 3,755
section 3737.33 of the Revised Code relative RELATING to the fire 3,756
training academy. 3,757
Sec. 4765.57. (A)(1) THE STATE BOARD OF EMERGENCY MEDICAL 3,760
SERVICES, WITH THE ADVICE AND ASSISTANCE OF ITS TRAUMA COMMITTEE,
SHALL STUDY AND EVALUATE THE FOLLOWING MATTERS: 3,761
(a) THE STATUS AND NEEDS OF EMERGENCY MEDICAL SERVICES AND 3,763
TRAUMA CARE PROVIDED BETWEEN THIS STATE AND OTHER JURISDICTIONS; 3,765
(b) METHODS TO IMPROVE SPECIALIZED CARE PROVIDED BY 3,767
EMERGENCY MEDICAL SERVICE ORGANIZATIONS TO PEDIATRIC AND 3,768
GERIATRIC TRAUMA VICTIMS; 3,769
(c) THE FEASIBILITY OF RECORDING AND REPORTING INFORMATION 3,771
TO THE STATE TRAUMA REGISTRY BY MEANS OF PORTABLE ELECTRONIC 3,772
DEVICES, SUCH AS ELECTRONIC NOTEPADS. THE STUDY SHALL INCLUDE AN 3,774
ANALYSIS OF THE COST OF ACQUIRING, MAINTAINING, AND USING SUCH 3,775
DEVICES, POTENTIAL SOURCES OF FUNDING, AND TRAINING REQUIRED TO 3,776
ENSURE EFFECTIVE USE OF THE DEVICES.
(d) METHODS TO ENSURE THAT AUTOPSIES ARE PERFORMED ON 3,778
APPROPRIATE TRAUMA VICTIMS AND AUTOPSY DATA IS REPORTED TO THE 3,779
STATE TRAUMA REGISTRY IN A TIMELY MANNER; 3,780
(e) METHODS TO INCREASE ADVANCED TRAUMA LIFE SUPPORT, 3,782
84
BASIC TRAUMA LIFE SUPPORT, AND PREHOSPITAL TRAUMA LIFE SUPPORT 3,783
TRAINING AMONG APPROPRIATE HEALTH CARE PROVIDERS, PARTICULARLY IN 3,785
RURAL AREAS OF THE STATE.
(2) NOT LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE 3,787
DATE OF THIS SECTION, THE STATE BOARD OF EMERGENCY MEDICAL 3,788
SERVICES SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE 3,789
GOVERNOR, GENERAL ASSEMBLY, AND OTHER APPROPRIATE AUTHORITIES AND 3,790
ORGANIZATIONS.
(B) THE STUDIES REQUIRED BY THIS SECTION SHALL BE 3,793
CONDUCTED, AND THEIR FINDINGS AND RECOMMENDATIONS SHALL BE 3,794
DEVELOPED, IN COOPERATION WITH THE APPROPRIATE COMMITTEES AND 3,795
SUBCOMMITTEES OF THE BOARD; REGIONAL DIRECTORS AND REGIONAL 3,796
PHYSICIAN ADVISORY BOARDS; ORGANIZATIONS THAT REPRESENT 3,797
PHYSICIANS, NURSES, AND HOSPITALS THAT CARE FOR EMERGENCY AND 3,798
TRAUMA PATIENTS; EMERGENCY MEDICAL SERVICES ORGANIZATIONS; 3,799
APPROPRIATE GOVERNMENTAL ENTITIES; AND THE OHIO STATE CORONERS' 3,800
ASSOCIATION, AS APPROPRIATE. 3,801
Sec. 4766.02. (A) There is hereby created the Ohio 3,810
ambulance licensing board, consisting of five voting members and 3,811
one nonvoting member who shall be residents of this state and 3,812
appointed by the governor with the advice and consent of the 3,813
senate. Except as provided in division (B) of this section, 3,814
members shall serve terms of two years. One voting member shall 3,815
be a member of the Ohio ambulance association; two voting 3,816
members, one of whom shall be a licensed funeral director, shall 3,817
be owners or operators of private emergency medical service 3,818
organizations operating in this state; one voting member shall be 3,819
a consumer of emergency medical services who is not associated 3,820
with any public or private emergency medical service 3,821
organization; and one voting member shall be an official with a 3,822
public emergency medical service organization. A physician who 3,823
holds a certificate to practice issued under Chapter 4731. of the 3,824
Revised Code who is a member of the American college of emergency 3,825
physicians shall serve as the nonvoting member. The board shall 3,826
85
annually select from its membership a chair and a vice-chair to 3,828
act as chair in the chair's absence.
(B) Of the members initially appointed, three shall be 3,830
appointed for terms of one year and three for terms of two years. 3,831
Any member appointed to fill a vacancy occurring prior to the 3,832
expiration date of the term for which the member's predecessor 3,833
was appointed shall hold office for the remainder of that term. 3,834
Every member shall continue in office subsequent to the 3,835
expiration date of the member's term until the member's successor 3,837
takes office, or until a period of sixty days has elapsed,
whichever occurs first. 3,838
(C) Three voting members shall constitute a quorum for the 3,840
transaction of business, and the affirmative vote of three 3,841
members is required for the board to take any official action. 3,842
The board, after notice and hearing, may remove a member by 3,843
majority vote for malfeasance, misfeasance, or nonfeasance. 3,844
Members of the board shall be reimbursed for actual and 3,846
necessary expenses incurred in attending meetings of the board 3,847
and in the performance of their official duties. The board may 3,848
hire such employees as are necessary to enable it to execute its 3,849
duties. 3,850
(D) The division of emergency medical services within the 3,853
department of public safety shall provide the board with office 3,854
space at no cost, but the board shall not be a part of the 3,855
division or the department. 3,856
(E) The board is the sole supervisory body regarding the 3,858
licensing of private ambulance service organizations in this 3,859
state.
Sec. 4767.08. (A) The cemetery dispute resolution 3,868
commission, on its own motion or as a result of a complaint 3,869
received pursuant to section 4767.07 of the Revised Code and with 3,870
good cause shown, shall investigate or cause to be investigated 3,871
alleged violations of sections 1721.19, 1721.20, 1721.21, 3,872
1721.211, 4735.02, 4735.22, and 4765.03 4767.02 of the Revised 3,873
86
Code. If the commission or the superintendent of the division of 3,875
real estate in the department of commerce believes that a 3,876
violation has occurred, the commission or superintendent shall 3,877
request the prosecuting attorney of the county in which the 3,878
alleged violation occurred to initiate such proceedings as are 3,879
appropriate.
(B) If, as a result of an investigation, the commission or 3,881
the superintendent believes that a person has violated Chapter 3,882
1345. of the Revised Code, the commission or superintendent shall 3,883
report the findings to the attorney general. 3,884
(C) If, as a result of an investigation, the commission or 3,886
the superintendent believes that a limited real estate broker or 3,887
limited real estate salesman has violated Chapter 4735. of the 3,888
Revised Code, the commission or superintendent shall report the 3,890
findings to the real estate commission, which may initiate such
proceedings as are appropriate. 3,891
(D) The commission, at any time, may dismiss a complaint 3,893
if it determines there is not good cause shown for the complaint. 3,894
If the commission dismisses a complaint, it shall notify the 3,895
person who filed the complaint within twenty days of reaching its 3,896
decision and identify the reason why the complaint was dismissed. 3,897
(E) When necessary for the division of real estate in the 3,899
department of commerce to perform the duties required by sections 3,900
4767.07 and 4767.08 of the Revised Code, the superintendent of 3,901
the division, after consultation with at least a majority of the 3,902
members of the cemetery dispute resolution commission, may issue 3,904
subpoenas and compel the production of books, papers, records,
and other forms of evidence. 3,905
Sec. 5502.01. (A) The department of public safety shall 3,914
administer and enforce the laws relating to the registration, 3,917
licensing, sale and operation of motor vehicles and the laws 3,918
pertaining to the licensing of drivers of motor vehicles. 3,919
The department shall compile, analyze, and publish 3,921
statistics relative to motor vehicle accidents and the causes 3,923
87
thereof, prepare and conduct educational programs for the purpose 3,924
of promoting safety in the operation of motor vehicles on the 3,926
highways, assist the state board of education in the formulation
of minimum standards for driver education courses of instruction, 3,927
encourage driver instruction in the high schools of the state, 3,929
and conduct research and studies for the purpose of promoting 3,930
safety on the highways of this state.
(B) The department shall administer the laws and rules 3,932
applicable to the division of state RELATIVE TO TRAUMA AND 3,933
emergency medical services SPECIFIED IN CHAPTER 4765. OF THE 3,935
REVISED CODE.
(C) The department shall administer and enforce the laws 3,937
contained in Chapters 4301. and 4303. of the Revised Code and 3,939
enforce the rules and orders of the liquor control commission 3,942
pertaining to retail liquor permit holders.
(D) The department shall administer the laws governing the 3,944
state emergency management agency and shall enforce all 3,945
additional duties and responsibilities as prescribed in the 3,946
Revised Code related to emergency management services. 3,947
(E) The department shall conduct investigations pursuant 3,949
to Chapter 5101. of the Revised Code in support of the duty of 3,951
the department of human services to administer food stamp 3,952
programs throughout this state. The department of public safety 3,953
shall conduct investigations necessary to protect the state's 3,954
property rights and interests in the food stamp program.
(F) The department of public safety shall enforce 3,956
compliance with orders and rules of the public utilities 3,957
commission and applicable laws in accordance with Chapters 4919., 3,958
4921., and 4923. of the Revised Code regarding commercial motor 3,959
vehicle transportation safety, economic, and hazardous materials 3,960
requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the 3,962
department of public safety may establish requirements for its 3,963
enforcement personnel that include standards of conduct, work 3,964
88
rules and procedures, and criteria for eligibility as law 3,965
enforcement personnel.
(H) The department shall administer, maintain, and operate 3,968
the Ohio criminal justice network. The Ohio criminal justice 3,970
network shall be a computer network that supports state and local 3,971
criminal justice activities. The network shall be an electronic 3,972
repository for various data, which may include arrest warrants, 3,973
notices of persons wanted by law enforcement agencies, criminal 3,974
records, prison inmate records, stolen vehicle records, vehicle 3,975
operator's licenses, and vehicle registrations and titles. 3,977
Sec. 5739.02. For the purpose of providing revenue with 3,986
which to meet the needs of the state, for the use of the general 3,987
revenue fund of the state, for the purpose of securing a thorough 3,988
and efficient system of common schools throughout the state, for 3,989
the purpose of affording revenues, in addition to those from 3,990
general property taxes, permitted under constitutional 3,991
limitations, and from other sources, for the support of local 3,992
governmental functions, and for the purpose of reimbursing the 3,993
state for the expense of administering this chapter, an excise 3,994
tax is hereby levied on each retail sale made in this state. 3,995
(A) The tax shall be collected pursuant to the schedules 3,997
in section 5739.025 of the Revised Code. 3,998
The tax applies and is collectible when the sale is made, 4,000
regardless of the time when the price is paid or delivered. 4,001
In the case of a sale, the price of which consists in whole 4,003
or in part of rentals for the use of the thing transferred, the 4,004
tax, as regards such rentals, shall be measured by the 4,005
installments thereof. 4,006
In the case of a sale of a service defined under division 4,008
(MM) or (NN) of section 5739.01 of the Revised Code, the price of 4,009
which consists in whole or in part of a membership for the 4,010
receipt of the benefit of the service, the tax applicable to the 4,011
sale shall be measured by the installments thereof. 4,012
(B) The tax does not apply to the following: 4,014
89
(1) Sales to the state or any of its political 4,016
subdivisions, or to any other state or its political subdivisions 4,017
if the laws of that state exempt from taxation sales made to this 4,018
state and its political subdivisions; 4,019
(2) Sales of food for human consumption off the premises 4,021
where sold; 4,022
(3) Sales of food sold to students only in a cafeteria, 4,024
dormitory, fraternity, or sorority maintained in a private, 4,025
public, or parochial school, college, or university; 4,026
(4) Sales of newspapers, and of magazine subscriptions 4,028
shipped by second class mail, and sales or transfers of magazines 4,029
distributed as controlled circulation publications; 4,030
(5) The furnishing, preparing, or serving of meals without 4,032
charge by an employer to an employee provided the employer 4,033
records the meals as part compensation for services performed or 4,034
work done; 4,035
(6) Sales of motor fuel upon receipt, use, distribution, 4,038
or sale of which in this state a tax is imposed by the law of 4,039
this state, but this exemption shall not apply to the sale of 4,040
motor fuel on which a refund of the tax is allowable under 4,041
section 5735.14 of the Revised Code; and the tax commissioner may 4,042
deduct the amount of tax levied by this section applicable to the 4,043
price of motor fuel when granting a refund of motor fuel tax 4,044
pursuant to section 5735.14 of the Revised Code and shall cause 4,045
the amount deducted to be paid into the general revenue fund of 4,046
this state;
(7) Sales of natural gas by a natural gas company, of 4,048
electricity by an electric company, of water by a water-works 4,049
company, or of steam by a heating company, if in each case the 4,050
thing sold is delivered to consumers through wires, pipes, or 4,051
conduits, and all sales of communications services by a telephone 4,052
or telegraph company, all terms as defined in section 5727.01 of 4,053
the Revised Code; 4,054
(8) Casual sales by a person, or auctioneer employed 4,056
90
directly by the person to conduct such sales, except as to such 4,058
sales of motor vehicles, watercraft or outboard motors required 4,059
to be titled under section 1548.06 of the Revised Code, 4,060
watercraft documented with the United States coast guard, 4,061
snowmobiles, all-purpose vehicles as defined in section 4519.01 4,062
of the Revised Code, and manufactured homes; 4,063
(9) Sales of services or tangible personal property, other 4,065
than motor vehicles and manufactured homes, by churches or by 4,066
nonprofit organizations operated exclusively for charitable 4,067
purposes as defined in division (B)(12) of this section, provided 4,068
that the number of days on which such tangible personal property 4,069
or services, other than items never subject to the tax, are sold 4,070
does not exceed six in any calendar year. If the number of days 4,071
on which such sales are made exceeds six in any calendar year, 4,072
the church or organization shall be considered to be engaged in 4,073
business and all subsequent sales by it shall be subject to the 4,074
tax. In counting the number of days, all sales by groups within 4,075
a church or within an organization shall be considered to be 4,076
sales of that church or organization, except that sales made by 4,077
separate student clubs and other groups of students of a primary 4,078
or secondary school, and sales made by a parent-teacher 4,079
association, booster group, or similar organization that raises 4,080
money to support or fund curricular or extracurricular activities 4,081
of a primary or secondary school, shall not be considered to be 4,082
sales of such school, and sales by each such club, group, 4,083
association, or organization shall be counted separately for 4,084
purposes of the six-day limitation. This division does not apply 4,085
to sales by a noncommercial educational radio or television 4,086
broadcasting station. 4,087
(10) Sales not within the taxing power of this state under 4,089
the Constitution of the United States; 4,090
(11) The transportation of persons or property, unless the 4,092
transportation is by a private investigation and security 4,093
service; 4,094
91
(12) Sales of tangible personal property or services to 4,096
churches, to organizations exempt from taxation under section 4,097
501(c)(3) of the Internal Revenue Code of 1986, and to any other 4,098
nonprofit organizations operated exclusively for charitable 4,099
purposes in this state, no part of the net income of which inures 4,100
to the benefit of any private shareholder or individual, and no 4,101
substantial part of the activities of which consists of carrying 4,102
on propaganda or otherwise attempting to influence legislation; 4,103
sales to offices administering one or more homes for the aged or 4,104
one or more hospital facilities exempt under section 140.08 of 4,105
the Revised Code; and sales to organizations described in 4,106
division (D) of section 5709.12 of the Revised Code. 4,107
"Charitable purposes" means the relief of poverty; the 4,109
improvement of health through the alleviation of illness, 4,110
disease, or injury; the operation of an organization exclusively 4,112
for the provision of professional, laundry, printing, and 4,113
purchasing services to hospitals or charitable institutions; the 4,115
operation of a home for the aged, as defined in section 5701.13 4,116
of the Revised Code; the operation of a radio or television 4,117
broadcasting station that is licensed by the federal 4,118
communications commission as a noncommercial educational radio or 4,119
television station; the operation of a nonprofit animal adoption 4,121
service or a county humane society; the promotion of education by 4,122
an institution of learning that maintains a faculty of qualified 4,123
instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific 4,124
curriculum; the operation of a parent teacher association, 4,125
booster group, or similar organization primarily engaged in the 4,126
promotion and support of the curricular or extracurricular 4,127
activities of a primary or secondary school; the operation of a 4,128
community or area center in which presentations in music, 4,129
dramatics, the arts, and related fields are made in order to 4,130
foster public interest and education therein; the production of 4,131
performances in music, dramatics, and the arts; or the promotion 4,133
92
of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological 4,134
knowledge and information primarily for the public. 4,135
Nothing in this division shall be deemed to exempt sales to 4,137
any organization for use in the operation or carrying on of a 4,138
trade or business, or sales to a home for the aged for use in the 4,139
operation of independent living facilities as defined in division 4,140
(A) of section 5709.12 of the Revised Code. 4,141
(13) Building and construction materials and services sold 4,143
to construction contractors for incorporation into a structure or 4,144
improvement to real property under a construction contract with 4,145
this state or a political subdivision thereof, or with the United 4,146
States government or any of its agencies; building and 4,147
construction materials and services sold to construction 4,148
contractors for incorporation into a structure or improvement to 4,149
real property that are accepted for ownership by this state or 4,151
any of its political subdivisions, or by the United States 4,152
government or any of its agencies at the time of completion of 4,153
such structures or improvements; building and construction 4,154
materials sold to construction contractors for incorporation into 4,155
a horticulture structure or livestock structure for a person 4,156
engaged in the business of horticulture or producing livestock; 4,157
building materials and services sold to a construction contractor 4,158
for incorporation into a house of public worship or religious 4,159
education, or a building used exclusively for charitable purposes 4,160
under a construction contract with an organization whose purpose 4,161
is as described in division (B)(12) of this section; building and 4,162
construction materials sold for incorporation into the original 4,163
construction of a sports facility under section 307.696 of the 4,164
Revised Code; and building and construction materials and 4,165
services sold to a construction contractor for incorporation into 4,166
real property outside this state if such materials and services, 4,167
when sold to a construction contractor in the state in which the 4,168
real property is located for incorporation into real property in 4,169
93
that state, would be exempt from a tax on sales levied by that 4,170
state; 4,171
(14) Sales of ships or vessels or rail rolling stock used 4,173
or to be used principally in interstate or foreign commerce, and 4,174
repairs, alterations, fuel, and lubricants for such ships or 4,175
vessels or rail rolling stock; 4,176
(15) Sales to persons engaged in any of the activities 4,178
mentioned in division (E)(2) or (9) of section 5739.01 of the 4,179
Revised Code, to persons engaged in making retail sales, or to 4,180
persons who purchase for sale from a manufacturer tangible 4,181
personal property that was produced by the manufacturer in 4,182
accordance with specific designs provided by the purchaser, of 4,183
packages, including material and parts for packages, and of 4,184
machinery, equipment, and material for use primarily in packaging 4,185
tangible personal property produced for sale by or on the order 4,186
of the person doing the packaging, or sold at retail. "Packages" 4,187
includes bags, baskets, cartons, crates, boxes, cans, bottles, 4,188
bindings, wrappings, and other similar devices and containers, 4,189
and "packaging" means placing therein. 4,190
(16) Sales of food to persons using food stamp coupons to 4,192
purchase the food. As used in division (B)(16) of this section, 4,193
"food" has the same meaning as in the "Food Stamp Act of 1977," 4,194
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations 4,195
adopted pursuant to that act. 4,196
(17) Sales to persons engaged in farming, agriculture, 4,198
horticulture, or floriculture, of tangible personal property for 4,199
use or consumption directly in the production by farming, 4,200
agriculture, horticulture, or floriculture of other tangible 4,201
personal property for use or consumption directly in the 4,202
production of tangible personal property for sale by farming, 4,203
agriculture, horticulture, or floriculture; or material and parts 4,204
for incorporation into any such tangible personal property for 4,205
use or consumption in production; and of tangible personal 4,206
property for such use or consumption in the conditioning or 4,207
94
holding of products produced by and for such use, consumption, or 4,208
sale by persons engaged in farming, agriculture, horticulture, or 4,209
floriculture, except where such property is incorporated into 4,210
real property; 4,211
(18) Sales of drugs dispensed by a licensed pharmacist 4,214
upon the order of a licensed health professional authorized to 4,216
prescribe drugs to a human being, as the term "licensed health 4,217
professional authorized to prescribe drugs" is defined in section 4,218
4729.01 of the Revised Code; insulin as recognized in the 4,220
official United States pharmacopoeia; urine and blood testing 4,221
materials when used by diabetics or persons with hypoglycemia to 4,222
test for glucose or acetone; hypodermic syringes and needles when 4,223
used by diabetics for insulin injections; epoetin alfa when 4,224
purchased for use in the treatment of persons with end-stage 4,225
renal disease; hospital beds when purchased for use by persons 4,227
with medical problems for medical purposes; and oxygen and 4,228
oxygen-dispensing equipment when purchased for use by persons 4,229
with medical problems for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast 4,231
prostheses, and other prosthetic devices for humans; braces or 4,232
other devices for supporting weakened or nonfunctioning parts of 4,233
the human body; wheelchairs; devices used to lift wheelchairs 4,234
into motor vehicles and parts and accessories to such devices; 4,235
crutches or other devices to aid human perambulation; and items 4,236
of tangible personal property used to supplement impaired 4,237
functions of the human body such as respiration, hearing, or 4,238
elimination. No exemption under this division shall be allowed 4,239
for nonprescription drugs, medicines, or remedies; items or 4,240
devices used to supplement vision; items or devices whose 4,241
function is solely or primarily cosmetic; or physical fitness 4,242
equipment. This division does not apply to sales to a physician 4,243
or medical facility for use in the treatment of a patient. 4,244
(20) Sales of emergency and fire protection vehicles and 4,246
equipment to nonprofit organizations for use solely in providing 4,247
95
fire protection and emergency services, INCLUDING TRAUMA CARE AND 4,248
EMERGENCY MEDICAL SERVICES, for political subdivisions of the 4,250
state;
(21) Sales of tangible personal property manufactured in 4,252
this state, if sold by the manufacturer in this state to a 4,253
retailer for use in the retail business of the retailer outside 4,254
of this state and if possession is taken from the manufacturer by 4,256
the purchaser within this state for the sole purpose of 4,257
immediately removing the same from this state in a vehicle owned 4,258
by the purchaser;
(22) Sales of services provided by the state or any of its 4,260
political subdivisions, agencies, instrumentalities, 4,261
institutions, or authorities, or by governmental entities of the 4,262
state or any of its political subdivisions, agencies, 4,263
instrumentalities, institutions, or authorities; 4,264
(23) Sales of motor vehicles to nonresidents of this state 4,266
upon the presentation of an affidavit executed in this state by 4,267
the nonresident purchaser affirming that the purchaser is a 4,268
nonresident of this state, that possession of the motor vehicle 4,269
is taken in this state for the sole purpose of immediately 4,270
removing it from this state, that the motor vehicle will be 4,271
permanently titled and registered in another state, and that the 4,272
motor vehicle will not be used in this state; 4,273
(24) Sales to persons engaged in the preparation of eggs 4,275
for sale of tangible personal property used or consumed directly 4,276
in such preparation, including such tangible personal property 4,277
used for cleaning, sanitizing, preserving, grading, sorting, and 4,278
classifying by size; packages, including material and parts for 4,279
packages, and machinery, equipment, and material for use in 4,280
packaging eggs for sale; and handling and transportation 4,281
equipment and parts therefor, except motor vehicles licensed to 4,282
operate on public highways, used in intraplant or interplant 4,283
transfers or shipment of eggs in the process of preparation for 4,284
sale, when the plant or plants within or between which such 4,285
96
transfers or shipments occur are operated by the same person. 4,286
"Packages" includes containers, cases, baskets, flats, fillers, 4,287
filler flats, cartons, closure materials, labels, and labeling 4,288
materials, and "packaging" means placing therein. 4,289
(25)(a) Sales of water to a consumer for residential use, 4,291
except the sale of bottled water, distilled water, mineral water, 4,292
carbonated water, or ice; 4,293
(b) Sales of water by a nonprofit corporation engaged 4,295
exclusively in the treatment, distribution, and sale of water to 4,296
consumers, if such water is delivered to consumers through pipes 4,297
or tubing. 4,298
(26) Fees charged for inspection or reinspection of motor 4,300
vehicles under section 3704.14 of the Revised Code; 4,301
(27) Sales of solar, wind, or hydrothermal energy systems 4,303
that meet the guidelines established under division (B) of 4,304
section 1551.20 of the Revised Code, components of such systems 4,305
that are identified under division (B) or (D) of that section, or 4,306
charges for the installation of such systems or components, made 4,307
during the period from August 14, 1979, through December 31, 4,308
1985; 4,309
(28) Sales to persons licensed to conduct a food service 4,311
operation pursuant to section 3732.03 of the Revised Code, of 4,312
tangible personal property primarily used directly for the 4,313
following:
(a) To prepare food for human consumption for sale; 4,315
(b) To preserve food that has been or will be prepared for 4,318
human consumption for sale by the food service operator, not
including tangible personal property used to display food for 4,319
selection by the consumer; 4,320
(c) To clean tangible personal property used to prepare or 4,322
serve food for human consumption for sale. 4,323
(29) Sales of animals by nonprofit animal adoption 4,325
services or county humane societies; 4,326
(30) Sales of services to a corporation described in 4,328
97
division (A) of section 5709.72 of the Revised Code, and sales of 4,329
tangible personal property that qualifies for exemption from 4,330
taxation under section 5709.72 of the Revised Code; 4,331
(31) Sales and installation of agricultural land tile, as 4,333
defined in division (B)(5)(a) of section 5739.01 of the Revised 4,334
Code; 4,335
(32) Sales and erection or installation of portable grain 4,337
bins, as defined in division (B)(5)(b) of section 5739.01 of the 4,338
Revised Code; 4,339
(33) The sale, lease, repair, and maintenance of; parts 4,341
for; or items attached to or incorporated in motor vehicles that 4,342
are primarily used for transporting tangible personal property by 4,343
a person engaged in highway transportation for hire; 4,344
(34) Sales to the state headquarters of any veterans' 4,346
organization in Ohio that is either incorporated and issued a 4,347
charter by the congress of the United States or is recognized by 4,348
the United States veterans administration, for use by the 4,349
headquarters; 4,350
(35) Sales to a telecommunications service vendor of 4,352
tangible personal property and services used directly and 4,353
primarily in transmitting, receiving, switching, or recording any 4,354
interactive, two-way electromagnetic communications, including 4,355
voice, image, data, and information, through the use of any 4,356
medium, including, but not limited to, poles, wires, cables, 4,357
switching equipment, computers, and record storage devices and 4,358
media, and component parts for the tangible personal property. 4,359
The exemption provided in division (B)(35) of this section shall 4,360
be in lieu of all other exceptions under division (E)(2) of 4,361
section 5739.01 of the Revised Code to which a telecommunications 4,362
service vendor may otherwise be entitled based upon the use of 4,363
the thing purchased in providing the telecommunications service. 4,364
(36) Sales of investment metal bullion and investment 4,366
coins. "Investment metal bullion" means any elementary precious 4,367
metal that has been put through a process of smelting or 4,368
98
refining, including, but not limited to, gold, silver, platinum, 4,369
and palladium, and which is in such state or condition that its 4,370
value depends upon its content and not upon its form. 4,371
"Investment metal bullion" does not include fabricated precious 4,372
metal that has been processed or manufactured for one or more 4,374
specific and customary industrial, professional, or artistic 4,375
uses. "Investment coins" means numismatic coins or other forms 4,376
of money and legal tender manufactured of gold, silver, platinum, 4,377
palladium, or other metal under the laws of the United States or 4,378
any foreign nation with a fair market value greater than any 4,379
statutory or nominal value of such coins. 4,380
(37)(a) Sales where the purpose of the consumer is to use 4,382
or consume the things transferred in making retail sales and 4,383
consisting of newspaper inserts, catalogues, coupons, flyers, 4,384
gift certificates, or other advertising material that prices and 4,386
describes tangible personal property offered for retail sale. 4,387
(b) Sales to direct marketing vendors of preliminary 4,389
materials such as photographs, artwork, and typesetting that will 4,390
be used in printing advertising material; of printed matter that 4,391
offers free merchandise or chances to win sweepstake prizes and 4,392
that is mailed to potential customers with advertising material 4,393
described in division (B)(37)(a) of this section; and of 4,394
equipment such as telephones, computers, facsimile machines, and 4,395
similar tangible personal property primarily used to accept 4,396
orders for direct marketing retail sales. 4,397
(c) Sales of automatic food vending machines that preserve 4,399
food with a shelf life of forty-five days or less by 4,400
refrigeration and dispense it to the consumer. 4,401
For purposes of division (B)(37) of this section, "direct 4,403
marketing" means the method of selling where consumers order 4,404
tangible personal property by United States mail, delivery 4,405
service, or telecommunication and the vendor delivers or ships 4,406
the tangible personal property sold to the consumer from a 4,407
warehouse, catalogue distribution center, or similar fulfillment 4,408
99
facility by means of the United States mail, delivery service, or 4,409
common carrier. 4,410
(38) Sales to a person engaged in the business of 4,412
horticulture or producing livestock of materials to be 4,413
incorporated into a horticulture structure or livestock 4,414
structure; 4,415
(39) The sale of a motor vehicle that is used exclusively 4,417
for a vanpool ridesharing arrangement to persons participating in 4,418
the vanpool ridesharing arrangement when the vendor is selling 4,419
the vehicle pursuant to a contract between the vendor and the 4,420
department of transportation;
(40) Sales of personal computers, computer monitors, 4,422
computer keyboards, modems, and other peripheral computer 4,423
equipment to an individual who is licensed or certified to teach 4,424
in an elementary or a secondary school in this state for use by 4,425
that individual in preparation for teaching elementary or
secondary school students; 4,426
(41) Sales to a professional racing team of any of the 4,428
following: 4,429
(a) Motor racing vehicles; 4,431
(b) Repair services for motor racing vehicles; 4,434
(c) Items of property that are attached to or incorporated 4,437
in motor racing vehicles, including engines, chassis, and all 4,438
other components of the vehicles, and all spare, replacement, and 4,439
rebuilt parts or components of the vehicles; except not including 4,440
tires, consumable fluids, paint, and accessories consisting of 4,441
instrumentation sensors and related items added to the vehicle to 4,442
collect and transmit data by means of telemetry and other forms 4,443
of communication.
(42) SALES TO A NONPROFIT ORGANIZATION FOR USE SOLELY IN 4,446
CONDUCTING RESEARCH OR EDUCATION REGARDING TRAUMA PREVENTION,
TRAUMA CARE, OR EMERGENCY MEDICAL SERVICES. "EMERGENCY MEDICAL 4,447
SERVICE," "TRAUMA," AND "TRAUMA CARE" HAVE THE SAME MEANINGS AS 4,449
IN SECTION 4765.01 OF THE REVISED CODE. 4,450
100
For the purpose of the proper administration of this 4,452
chapter, and to prevent the evasion of the tax, it is presumed 4,453
that all sales made in this state are subject to the tax until 4,454
the contrary is established. 4,455
As used in this section, except in division (B)(16) of this 4,457
section, "food" includes cereals and cereal products, milk and 4,458
milk products including ice cream, meat and meat products, fish 4,459
and fish products, eggs and egg products, vegetables and 4,460
vegetable products, fruits, fruit products, and pure fruit 4,461
juices, condiments, sugar and sugar products, coffee and coffee 4,462
substitutes, tea, and cocoa and cocoa products. It does not 4,463
include: spirituous or malt liquors; soft drinks; sodas and 4,464
beverages that are ordinarily dispensed at bars and soda 4,465
fountains or in connection therewith, other than coffee, tea, and 4,466
cocoa; root beer and root beer extracts; malt and malt extracts; 4,467
mineral oils, cod liver oils, and halibut liver oil; medicines, 4,468
including tonics, vitamin preparations, and other products sold 4,469
primarily for their medicinal properties; and water, including 4,470
mineral, bottled, and carbonated waters, and ice. 4,471
(C) The levy of an excise tax on transactions by which 4,473
lodging by a hotel is or is to be furnished to transient guests 4,474
pursuant to this section and division (B) of section 5739.01 of 4,475
the Revised Code does not prevent any of the following: 4,476
(1) A municipal corporation or township from levying an 4,478
excise tax for any lawful purpose not to exceed three per cent on 4,479
transactions by which lodging by a hotel is or is to be furnished 4,480
to transient guests in addition to the tax levied by this 4,481
section. If a municipal corporation or township repeals a tax 4,482
imposed under division (C)(1) of this section and a county in 4,483
which the municipal corporation or township has territory has a 4,484
tax imposed under division (C) of section 5739.024 of the Revised 4,485
Code in effect, the municipal corporation or township may not 4,486
reimpose its tax as long as that county tax remains in effect. A 4,487
municipal corporation or township in which a tax is levied under 4,488
101
division (B)(2) of section 351.021 of the Revised Code may not 4,489
increase the rate of its tax levied under division (C)(1) of this 4,490
section to any rate that would cause the total taxes levied under 4,491
both of those divisions to exceed three per cent on any lodging 4,492
transaction within the municipal corporation or township. 4,493
(2) A municipal corporation or a township from levying an 4,495
additional excise tax not to exceed three per cent on such 4,496
transactions pursuant to division (B) of section 5739.024 of the 4,497
Revised Code. Such tax is in addition to any tax imposed under 4,498
division (C)(1) of this section. 4,499
(3) A county from levying an excise tax pursuant to 4,501
division (A) of section 5739.024 of the Revised Code. 4,502
(4) A county from levying an excise tax not to exceed 4,504
three per cent of such transactions pursuant to division (C) of 4,505
section 5739.024 of the Revised Code. Such a tax is in addition 4,506
to any tax imposed under division (C)(3) of this section. 4,507
(5) A convention facilities authority, as defined in 4,509
division (A) of section 351.01 of the Revised Code, from levying 4,510
the excise taxes provided for in division (B) of section 351.021 4,511
of the Revised Code. 4,512
(6) A county from levying an excise tax not to exceed one 4,514
and one-half per cent of such transactions pursuant to division 4,515
(D) of section 5739.024 of the Revised Code. Such tax is in 4,516
addition to any tax imposed under division (C)(3) or (4) of this 4,517
section. 4,518
(7) A county from levying an excise tax not to exceed one 4,520
and one-half per cent of such transactions pursuant to division 4,521
(E) of section 5739.024 of the Revised Code. Such a tax is in 4,522
addition to any tax imposed under division (C)(3), (4), or (6) of 4,523
this section. 4,524
(D) The levy of this tax on retail sales of recreation and 4,526
sports club service shall not prevent a municipal corporation 4,527
from levying any tax on recreation and sports club dues or on any 4,528
income generated by recreation and sports club dues. 4,529
102
Section 2. That existing sections 9.60, 125.04, 125.13, 4,531
733.40, 1547.79, 2929.18, 2949.092, 2949.111, 3375.50, 3375.51, 4,532
3375.52, 3702.11, 3729.17, 3737.66, 4501.02, 4501.11, 4513.263, 4,533
4513.99, 4765.01, 4765.02, 4765.03, 4765.05, 4765.06, 4765.07, 4,534
4765.09, 4765.10, 4765.11, 4765.15, 4765.16, 4765.30, 4765.32, 4,535
4765.35, 4765.37, 4765.38, 4765.39, 4765.40, 4765.50, 4765.55, 4,536
4766.02, 4767.08, 5502.01, and 5739.02 of the Revised Code are 4,537
hereby repealed.
Section 3. The General Assembly finds that traumatic 4,539
injuries impose significant personal and economic costs on this 4,540
state and on individuals, businesses, political subdivisions, and 4,542
other organizations in this state. In enacting section 2949.093 4,543
of the Revised Code, it is the intent of the General Assembly to 4,544
deter behavior that increases the risk of traumatic injury and to 4,545
impose on those individuals whose behavior increases the risk of 4,546
traumatic injury the costs of preventing and treating traumatic 4,547
injuries, in a manner consistent with State, ex rel. Brown, v. 4,548
Galbraith (1977), 52 Ohio St. 2d 158. 4,549
Section 4. The Director of Health shall organize and 4,551
coordinate a temporary commission to determine how to better 4,552
prevent traumatic injuries in this state. The commission's study 4,554
shall include, without limitation, consideration of how to
improve public safety education and how to prevent pediatric and 4,555
geriatric injuries. 4,556
The Department of Public Safety, Department of Natural 4,558
Resources, Department of Agriculture, Department of Education, 4,559
and Bureau of Workers' Compensation shall participate in and 4,561
assist with the commission's study.
Within thirty days after the effective date of this act, 4,563
the director shall appoint to the commission appropriate public 4,565
health authorities, entities that conduct safety research and 4,566
education, and advocates for injured persons. Commission members 4,567
shall have expertise in injury prevention, broadly represent 4,568
relevant disciplines, and represent all regions of the state. 4,569
103
Within thirty days after the effective date of this act, 4,571
the Speaker of the House of Representatives shall appoint to the 4,572
commission one member of the majority party and one member of the 4,573
minority party in the House of Representatives and the President 4,574
of the Senate shall appoint to the commission one member of the 4,575
majority party and one member of the minority party in the 4,576
Senate.
In conducting its study and developing its recommendations, 4,578
the commission shall consult and cooperate with the Trauma 4,580
Committee of the State Board of Emergency Medical Services. The 4,581
commission shall conclude its study and disband not later than 4,583
eighteen months after the effective date of this section,
whereupon the director shall transmit the commission's findings 4,584
and recommendations to the Governor, General Assembly, chief 4,585
executive of each state agency specified in this section, and 4,586
other appropriate persons. 4,587
Section 5. The Director of Health shall organize and 4,589
coordinate a temporary commission to determine how to improve the 4,591
accessibility, affordability, quality, and cost-effectiveness of 4,592
post-critical trauma care. The commission's study shall include, 4,593
without limitation, consideration of appropriate transfer of 4,594
trauma victims from regional trauma centers to other health care 4,595
facilities; physical, psychological, and vocational 4,596
rehabilitation of trauma victims; re-employment of trauma 4,597
victims; social support mechanisms for families of trauma 4,598
victims; and mitigation of the effects of pediatric and geriatric 4,599
trauma.
The Rehabilitation Services Commission, Department of 4,601
Aging, Bureau of Workers' Compensation, and Bureau of Employment 4,602
Services shall participate in and assist with the commission's 4,604
study.
Within thirty days after the effective date of this act, 4,606
the director shall appoint to the commission appropriate public 4,608
health authorities; entities that represent injury victims; 4,609
104
certified safety professionals; employers; employment training 4,610
and placement services; agricultural organizations; highway
safety and motorists' organizations; health insurers; providers 4,611
of social services to injury victims; nursing and rehabilitation 4,612
institutions; victims of violent crime; hospitals; and 4,613
professionals active in physical, psychological, and vocational 4,614
therapy. Commission members shall have expertise in 4,615
rehabilitation and retraining of injury victims, broadly 4,616
represent relevant disciplines, and represent all regions of the 4,617
state. Within thirty days after the effective date of this act, 4,618
the Speaker of the House of Representatives shall appoint to the 4,619
commission one member of the majority party and one member of the 4,620
minority party in the House of Representatives and the President
of the Senate shall appoint to the commission one member of the 4,621
majority party and one member of the minority party in the 4,622
Senate.
In conducting its study and developing its recommendations, 4,625
the commission shall consult with and cooperate with the Trauma 4,626
Committee of the State Board of Emergency Medical Services. The 4,627
commission shall conclude its study and disband not later than 4,628
eighteen months after the effective date of this section,
whereupon the director shall transmit the commission's findings 4,629
and recommendations to the Governor, General Assembly, chief 4,630
executive of each state agency specified in this section, and 4,631
other appropriate persons. 4,632
Section 6. Section 125.13 of the Revised Code is presented 4,635
in this act as a composite of the section as amended by both Am. 4,637
Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly,
with the new language of neither of the acts shown in capital 4,639
letters. This is in recognition of the principle stated in 4,640
division (B) of section 1.52 of the Revised Code that such 4,641
amendments are to be harmonized where not substantively 4,642
irreconcilable and constitutes a legislative finding that such is 4,643
the resulting version in effect prior to the effective date of 4,644
105
this act.