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          

                                                          4      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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.                                                                   

                                                          8      

                                                                 
      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.                                                                  

                                                          10     

                                                                 
      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.