As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 138 5
1999-2000 6
REPRESENTATIVES SCHUCK-BARRETT-BENDER-EVANS-FORD-METELSKY- 9
D. MILLER-SULLIVAN-SYKES-PRINGLE-VAN VYVEN-VERICH-
WINKLER-YOUNG-BATEMAN-HAINES-OLMAN-DePIERO-BARNES-WILLIAMS- 10
WILLAMOWSKI-TERWILLEGER-VESPER-BRADING-OGG 11
_________________________________________________________________ 12
A B I L L
To amend sections 9.60, 125.04, 125.13, 3729.17, 15
3737.66, 4511.191, 4511.81, 4511.99, 4513.263,
4513.99, 4765.01, 4765.02, 4765.03, 4765.05, 17
4765.06, 4765.07, 4765.09, 4765.10, 4765.11,
4765.15, 4765.16, 4765.30, 4765.32, 4765.35, 18
4765.37, 4765.38, 4765.39, 4765.40, 4765.50, 19
4765.55, 4766.02, 4767.08, 5502.01, 5503.04, and 20
5739.02 and to enact sections 3727.081, 3727.09,
3727.10, 4765.04, 4765.12, and 4765.41 of the 22
Revised Code to provide quality assurance for 23
adult and pediatric trauma care and to make other 24
changes in the laws regarding emergency medical 26
services and fire services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 9.60, 125.04, 125.13, 3729.17, 31
3737.66, 4511.191, 4511.81, 4511.99, 4513.263, 4513.99, 4765.01, 32
4765.02, 4765.03, 4765.05, 4765.06, 4765.07, 4765.09, 4765.10, 33
4765.11, 4765.15, 4765.16, 4765.30, 4765.32, 4765.35, 4765.37, 34
4765.38, 4765.39, 4765.40, 4765.50, 4765.55, 4766.02, 4767.08, 35
5502.01, 5503.04, and 5739.02 be amended and sections 3727.081, 36
3727.09, 3727.10, 4765.04, 4765.12, and 4765.41 of the Revised 38
Code be enacted to read as follows:
Sec. 9.60. (A) As used in this section: 47
2
(1) "EMERGENCY MEDICAL SERVICE" AND "EMERGENCY MEDICAL 49
SERVICE ORGANIZATION" HAVE THE SAME MEANINGS AS IN SECTION 50
4765.01 OF THE REVISED CODE.
(2) "FIRE PROTECTION" MEANS THE USE OF FIREFIGHTING 52
EQUIPMENT BY THE FIRE DEPARTMENT OF A FIREFIGHTING AGENCY OR A 53
PRIVATE FIRE COMPANY, AND INCLUDES THE PROVISION OF AMBULANCE, 55
EMERGENCY MEDICAL, AND RESCUE SERVICES BY THOSE ENTITIES.
(3) "Firefighting agency" means a municipal corporation, 57
township, township fire district, joint ambulance district, joint 58
emergency medical services district, or joint fire district. 60
(2) "Private fire company" means any nonprofit group or 62
organization owning and operating firefighting equipment not 63
controlled by any firefighting agency. 64
(3) "Governing board" means the board of county 66
commissioners in the case of a county; the legislative authority 67
in the case of a municipal corporation; the board of trustees of 68
a joint ambulance district in the case of a joint ambulance 69
district; the board of trustees of a joint emergency medical 70
services district in the case of a joint emergency medical 71
services district; the board of township trustees in the case of 72
a township or township fire district; the board of fire district 73
trustees in the case of a joint fire district; and the board of 74
trustees in the case of a private fire company. 75
(4) "Fire protection" includes the provision of ambulance, 77
emergency medical, and rescue service by the fire department of a 78
firefighting agency or by a private fire company and the 79
extension of the use of firefighting apparatus or firefighting 80
equipment PRIVATE FIRE COMPANY" MEANS A NONPROFIT GROUP OR 83
ORGANIZATION OWNING AND OPERATING FIREFIGHTING EQUIPMENT NOT
CONTROLLED BY A FIREFIGHTING AGENCY. 84
(B) Any firefighting agency or, private fire company, OR 87
PUBLIC OR PRIVATE EMERGENCY MEDICAL SERVICE ORGANIZATION may
contract with any state agency or instrumentality, county, or 88
political subdivision of this state or with a governmental entity 89
3
of an adjoining state IN THIS STATE OR ANOTHER JURISDICTION to 90
provide fire protection OR EMERGENCY MEDICAL SERVICES, AS 91
APPROPRIATE, whether on a regular basis or only in times of 93
emergency, upon the approval of the governing boards of the 94
counties, firefighting agencies, political subdivisions, or 95
private fire companies or the administrative heads of the state 96
agencies or instrumentalities ENTITIES that are parties to the 98
contract.
(C) Any county, political subdivision, or state agency or 100
instrumentality GOVERNMENTAL ENTITY IN THIS STATE may contract 101
with a ANY firefighting agency of this state, a private fire 103
company, or a governmental entity of an adjoining state PUBLIC OR 104
PRIVATE EMERGENCY MEDICAL SERVICE ORGANIZATION OF THIS STATE OR 105
ANOTHER JURISDICTION to obtain fire protection OR EMERGENCY 106
MEDICAL SERVICES, AS APPROPRIATE, whether on a regular basis or 108
only in times of emergency, upon the authorization APPROVAL of 109
the governing boards of the counties, firefighting agencies, 110
political subdivisions, or private fire companies or 111
administrative heads of the state agencies or instrumentalities 112
ENTITIES that are parties to the contract. 113
(D) Any firefighting agency of this state or any, private 115
fire company, OR PUBLIC OR PRIVATE EMERGENCY MEDICAL SERVICE 116
ORGANIZATION may provide fire protection OR EMERGENCY MEDICAL 117
SERVICES, AS APPROPRIATE, to any state agency or instrumentality, 119
county, or political subdivision of this state, or to a 120
governmental entity of an adjoining state IN THIS STATE OR 121
ANOTHER JURISDICTION, without a contract to provide fire 122
protection OR EMERGENCY MEDICAL SERVICES, upon the approval of 123
the governing board of the firefighting agency or private fire, 125
company, OR ORGANIZATION and upon authorization of BY an officer 127
or employee of the firefighting agency providing the fire 128
protection, COMPANY, OR ORGANIZATION designated by THAT 129
INDIVIDUAL'S title of their, office, or position pursuant to the 130
authorization of the governing board of the firefighting agency, 132
4
COMPANY, OR ORGANIZATION. 133
(E) Chapter 2744. of the Revised Code, insofar as it is 135
applicable to the operation of fire departments, applies to the 136
firefighting agencies and fire department members when such 137
members are rendering service outside the boundaries of the 138
firefighting agency pursuant to this section. 139
Fire department members acting outside the boundaries of 141
the firefighting agency by which they are employed OR EMERGENCY 143
MEDICAL SERVICE ORGANIZATIONS, APPLIES TO A POLITICAL SUBDIVISION 144
THAT IS OPERATING A FIRE DEPARTMENT OR EMERGENCY MEDICAL SERVICE 145
ORGANIZATION, AND TO THE MEMBERS OF THE FIRE DEPARTMENT OR 146
EMERGENCY MEDICAL SERVICE ORGANIZATION, WHEN THE MEMBERS ARE 147
RENDERING SERVICE PURSUANT TO THIS SECTION OUTSIDE THE BOUNDARIES
OF THE POLITICAL SUBDIVISION. 148
MEMBERS ACTING OUTSIDE THE BOUNDARIES OF THE POLITICAL 150
SUBDIVISION THAT IS OPERATING THE FIRE DEPARTMENT OR EMERGENCY 151
MEDICAL SERVICE ORGANIZATION may participate in any pension or 152
indemnity fund established by their employer THE POLITICAL 153
SUBDIVISION to the same extent as while acting within the 154
boundaries of the firefighting agency POLITICAL SUBDIVISION, and 155
are entitled to all the rights and benefits of Chapter 4123. of 157
the Revised Code, to the same extent as while performing service 158
within the boundaries of the firefighting agency POLITICAL 159
SUBDIVISION.
(F) A PRIVATE FIRE COMPANY OR PRIVATE, NONPROFIT EMERGENCY 161
MEDICAL SERVICE ORGANIZATION PROVIDING SERVICE PURSUANT TO THIS 163
SECTION TO A GOVERNMENTAL ENTITY IN THIS STATE OR ANOTHER 164
JURISDICTION HAS THE SAME IMMUNITIES AND DEFENSES IN A CIVIL 166
ACTION THAT A POLITICAL SUBDIVISION HAS UNDER SECTION 2744.02 OF
THE REVISED CODE. THE EMPLOYEES OF SUCH A FIRE COMPANY OR 167
EMERGENCY MEDICAL SERVICE ORGANIZATION HAVE THE SAME IMMUNITIES 168
AND DEFENSES IN A CIVIL ACTION THAT EMPLOYEES OF A POLITICAL 169
SUBDIVISION HAVE UNDER SECTION 2744.03 OF THE REVISED CODE. 170
Sec. 125.04. (A) Except as provided in division (D) of 179
5
this section, the department of administrative services shall 180
determine what supplies and services are purchased by or for 181
state agencies. Whenever the department of administrative 182
services makes any change or addition to the lists of supplies 183
and services that it determines to purchase for state agencies, 184
it shall provide a list to the agencies of the changes or 185
additions and indicate when the department will be prepared to 186
furnish each item listed. Except for the requirements of 187
division (B) of section 125.11 of the Revised Code, sections 188
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not 189
apply to or affect the educational institutions of the state. 190
The department shall not include the bureau of workers' 191
compensation in the lists of supplies, equipment, and services 192
purchased and furnished by the department. 193
Nothing in this division precludes the bureau from entering 195
into a contract with the department for the department to perform 196
services relative to supplies, equipment, and services contained 197
in this division for the bureau. 198
(B)(1) As used in this division, "political: 200
(a) "EMERGENCY MEDICAL SERVICE ORGANIZATION" HAS THE SAME 202
MEANING AS IN SECTION 4765.01 OF THE REVISED CODE. 203
(b) "POLITICAL subdivision" means any county, township, 206
municipal corporation, school district, conservancy district, 207
township park district, park district created under Chapter 1545. 208
of the Revised Code, regional transit authority, regional airport 209
authority, regional water and sewer district, or port authority. 210
"Political subdivision" also includes any other political 211
subdivision described in the Revised Code that has been approved 212
by the department to participate in the department's contracts
under this division. 213
(c) "PRIVATE FIRE COMPANY" HAS THE SAME MEANING AS IN 215
SECTION 9.60 OF THE REVISED CODE. 216
(2) Subject to division (C) of this section, the 218
department of administrative services may permit a political 220
6
subdivision, PRIVATE FIRE COMPANY, OR PRIVATE, NONPROFIT 221
EMERGENCY MEDICAL SERVICE ORGANIZATION to participate in 223
contracts into which the department has entered for the purchase 224
of supplies and services. Any THE DEPARTMENT MAY CHARGE THE 225
ENTITY A REASONABLE FEE TO COVER THE ADMINISTRATIVE COSTS THE 226
DEPARTMENT INCURS AS A RESULT OF PARTICIPATION BY THE ENTITY IN 227
SUCH A PURCHASE CONTRACT.
A political subdivision desiring to participate in such 230
purchase contracts shall file with the department a certified 231
copy of an ordinance or resolution of the legislative authority 232
or governing board of the political subdivision. The resolution 233
or ordinance shall request that the political subdivision be 234
authorized to participate in such contracts and shall agree that 235
the political subdivision will be bound by such terms and 236
conditions as the department prescribes and that it will directly 237
pay the vendor under each purchase contract. The department may 238
charge a political subdivision a reasonable fee to cover the 239
administrative costs the department incurs as a result of the 240
subdivision's participation in the purchase contract. Purchases 241
made by a political subdivision under this division are exempt 242
from any competitive selection procedures otherwise required by 243
law. No political subdivision shall make any purchase under this 244
division when bids have been received for such purchase by the 245
subdivision, unless such purchase can be made upon the same 246
terms, conditions, and specifications at a lower price under this 247
division A PRIVATE FIRE COMPANY OR PRIVATE, NONPROFIT EMERGENCY 249
MEDICAL SERVICE ORGANIZATION DESIRING TO PARTICIPATE IN SUCH 250
PURCHASE CONTRACTS SHALL FILE WITH THE DEPARTMENT A WRITTEN 251
REQUEST FOR INCLUSION IN THE PROGRAM SIGNED BY THE CHIEF OFFICER 252
OF THE COMPANY OR ORGANIZATION. THE REQUEST SHALL INCLUDE AN 253
AGREEMENT TO BE BOUND BY SUCH TERMS AND CONDITIONS AS THE
DEPARTMENT PRESCRIBES AND TO MAKE DIRECT PAYMENTS TO THE VENDOR 254
UNDER EACH PURCHASE CONTRACT. 255
The department shall include in its annual report an 257
7
estimate of the cost it incurs by permitting political 258
subdivisions, PRIVATE FIRE COMPANIES, AND PRIVATE, NONPROFIT 259
EMERGENCY MEDICAL SERVICE ORGANIZATIONS to participate in 261
contracts pursuant to this division. The department may require 262
political subdivisions participating in contracts pursuant to 263
this division SUCH ENTITIES to file a report with the department, 265
as often as it finds necessary, stating how many such contracts 266
the political subdivisions participate ENTITIES PARTICIPATED in 267
within a specified period of time, and any other information the 269
department requires.
(3) PURCHASES MADE BY A POLITICAL SUBDIVISION UNDER THIS 271
DIVISION ARE EXEMPT FROM ANY COMPETITIVE SELECTION PROCEDURES 272
OTHERWISE REQUIRED BY LAW. NO POLITICAL SUBDIVISION SHALL MAKE 273
ANY PURCHASE UNDER THIS DIVISION WHEN BIDS HAVE BEEN RECEIVED FOR 274
SUCH PURCHASE BY THE SUBDIVISION, UNLESS SUCH PURCHASE CAN BE 275
MADE UPON THE SAME TERMS, CONDITIONS, AND SPECIFICATIONS AT A
LOWER PRICE UNDER THIS DIVISION. 276
(C) A political subdivision as defined in division (B) of 278
this section may purchase supplies or services from another 280
party, including another political subdivision, instead of
through participation in contracts described in division (B) of 282
this section if the political subdivision can purchase those 283
supplies or services from the other party upon equivalent terms, 284
conditions, and specifications but at a lower price than it can 285
through those contracts. Purchases that a political subdivision 286
makes under this division are exempt from any competitive 287
selection procedures otherwise required by law. A political 288
subdivision that makes any purchase under this division shall 289
maintain sufficient information regarding the purchase to verify 291
that the political subdivision satisfied the conditions for 292
making a purchase under this division. Nothing in this division 293
restricts any action taken by a county or township as authorized 295
by division (A) of section 9.48 of the Revised Code. 296
(D) This section does not apply to supplies or services 298
8
required by the legislative or judicial branches, boards of 299
elections, the capitol square review and advisory board, the 300
adjutant general, to supplies or services purchased by a state 301
agency directly as provided in division (A) or (E) of section 302
125.05 of the Revised Code, to purchases of supplies or services 304
for the emergency management agency as provided in section 305
125.023 of the Revised Code, or to purchases of supplies or 306
services for the department of rehabilitation and correction in 307
its operation of the program for the employment of prisoners 308
established under section 5145.16 of the Revised Code that shall 309
be made pursuant to rules adopted by the director of 310
administrative services and the director of rehabilitation and 311
correction in accordance with Chapter 119. of the Revised Code. 312
The rules may provide for the exemption of the program for the 313
employment of prisoners from the requirements of division (A) of 314
this section.
Sec. 125.13. (A) AS USED IN THIS SECTION: 323
(1) "EMERGENCY MEDICAL SERVICE ORGANIZATION" HAS THE SAME 326
MEANING AS IN SECTION 4765.01 OF THE REVISED CODE.
(2) "PRIVATE FIRE COMPANY" HAS THE SAME MEANING AS IN 328
SECTION 9.60 OF THE REVISED CODE.
(B) Except as otherwise provided in section 5139.03 of the 331
Revised Code, whenever a state agency determines that it has 332
excess or surplus supplies, it shall notify the director of 333
administrative services. Upon request by the director and on
forms provided by the director, the state agency shall furnish to 335
the director a list of all those excess and surplus supplies and 336
an appraisal of their value. 337
(B)(C) The director of administrative services shall take 339
immediate control of a state agency's excess and surplus 341
supplies, except for the following excess and surplus supplies: 343
(1) Excess or surplus supplies that have a value below the 345
minimum value that the director establishes for excess and 346
surplus supplies under division (E)(F) of this section; 347
9
(2) Excess or surplus supplies that the director has 349
authorized an agency to donate to a public entity, including, but 350
not limited to, public schools and surplus computers and computer 351
equipment transferred to a public school under division (G) of 352
this section;
(3) Excess or surplus supplies that an agency trades in as 354
full or partial payment when purchasing a replacement item; 355
(4) Hazardous property. 357
(C)(D) The director shall inventory excess and surplus 360
supplies in the director's control and may have the supplies 362
repaired.
(D)(E) The director may do either of the following: 364
(1) Dispose of declared surplus or excess supplies in the 367
director's control by sale, lease, donation, or transfer. If the 370
director does so, the director shall dispose of those supplies in 371
the following order of priority: 373
(a) To state agencies; 375
(b) To state-supported or state-assisted institutions of 377
higher education; 378
(c) To tax-supported agencies, municipal corporations, or 380
other political subdivisions of this state, PRIVATE FIRE 382
COMPANIES, OR PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE 383
ORGANIZATIONS;
(d) To the general public by auction, sealed bid, or 385
negotiation. 386
(2) If the director has attempted to dispose of any 388
declared surplus or excess motor vehicle that does not exceed 389
four thousand five hundred dollars in value pursuant to divisions 390
(D)(E)(1)(a) to (c) of this section, donate the motor vehicle to 392
a nonprofit organization exempt from federal income taxation 393
pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of 394
meeting the transportation needs of participants in the Ohio 395
works first program established under Chapter 5107. of the 396
Revised Code and participants in the prevention, retention, and 397
10
contingency program established under Chapter 5108. of the 398
Revised Code. The director may not donate a motor vehicle 399
furnished to the state highway patrol to a nonprofit organization 400
pursuant to this division.
(E)(F) The director may adopt rules governing the sale, 402
lease, or transfer of surplus and excess supplies in the 403
director's control by public auction, sealed bid, or negotiation, 405
except that no employee of the disposing agency shall be allowed 406
to purchase, lease, or receive any such supplies. The director 407
may dispose of declared surplus or excess supplies, including 408
motor vehicles, in the director's control as the director 410
determines proper if such supplies cannot be disposed of pursuant 412
to division (D)(E) of this section. The director shall by rule 414
establish a minimum value for excess and surplus supplies and
prescribe procedures for a state agency to follow in disposing of 416
excess and surplus supplies in its control that have a value 417
below the minimum value established by the director. 419
(F)(G) No state-supported or state-assisted institution of 421
higher education, tax-supported agency, municipal corporation, or 422
other political subdivision of this state, PRIVATE FIRE COMPANY, 424
OR PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE ORGANIZATION 425
shall sell, lease, or transfer excess or surplus supplies 427
acquired under this section to private entities or the general 428
public at a price greater than the price it originally paid for 429
those supplies.
(G)(H) The director of administrative services may 431
authorize any state agency to transfer surplus computers and 433
computer equipment that are not needed by other state agencies 434
directly to an accredited public school within the state. The 435
computers and computer equipment may be repaired or refurbished 436
prior to transfer. The state agency may charge a service fee to
the public schools for the property not to exceed the direct cost 437
of repairing or refurbishing it. The state agency shall deposit 438
such funds into the account used for repair or refurbishment. 439
11
Sec. 3727.081. (A) AS USED IN THIS SECTION: 441
(1) "TRAUMA," "TRAUMA CARE," AND "TRAUMA CENTER" HAVE THE 443
SAME MEANINGS AS IN SECTION 4765.01 OF THE REVISED CODE. 444
(2) "STABILIZE" AND "TRANSFER" HAVE THE SAME MEANINGS AS 446
IN SECTION 1753.28 OF THE REVISED CODE. 447
(B) NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF 449
THIS SECTION, THE DIRECTOR OF HEALTH SHALL ADOPT RULES UNDER 450
CHAPTER 119. OF THE REVISED CODE FOR THE DESIGNATION AND 451
REDESIGNATION OF PEDIATRIC TRAUMA CENTERS THAT ARE NOT VERIFIED 452
AS PEDIATRIC TRAUMA CENTERS BY THE AMERICAN COLLEGE OF SURGEONS. 454
THE RULES SHALL BE DEVELOPED IN ACCORDANCE WITH DIVISION (C) OF 455
THIS SECTION AND PROVIDE ALL OF THE FOLLOWING: 456
(1) SAFETY AND QUALITY-OF-CARE STANDARDS FOR HOSPITALS 458
DESIGNATED OR REDESIGNATED AS A PEDIATRIC TRAUMA CENTER UNDER 459
THIS SECTION. THE STANDARDS SHALL BE SUBSTANTIALLY EQUIVALENT, 460
BUT NOT NECESSARILY IDENTICAL, TO THE STANDARDS USED BY THE 461
AMERICAN COLLEGE OF SURGEONS TO VERIFY AND CATEGORIZE PEDIATRIC 462
TRAUMA CENTERS.
(2) PROCEDURES FOR HOSPITALS TO APPLY TO BE DESIGNATED AND 464
REDESIGNATED AS A PEDIATRIC TRAUMA CENTER UNDER THIS SECTION; 465
(3) INSPECTION BY THE DIRECTOR OF HEALTH, OR BY A 467
CONTRACTOR OF THE DEPARTMENT OF HEALTH THAT HAS APPROPRIATE 468
COMPETENCE AND INDEPENDENCE, OF HOSPITALS THAT APPLY TO BE 469
DESIGNATED OR REDESIGNATED AS A PEDIATRIC TRAUMA CENTER UNDER 470
THIS SECTION. AN INSPECTION SHALL CONFIRM IN WRITING WHETHER OR 471
NOT A HOSPITAL COMPLIES WITH THE SAFETY AND QUALITY-OF-CARE 472
STANDARDS ESTABLISHED UNDER THIS DIVISION. 473
(4) TYPES OF DATA RELATING TO PEDIATRIC TRAUMA CARE 475
PROVIDED AT OR BY HOSPITALS THAT SEEK DESIGNATION OR 476
REDESIGNATION AS A PEDIATRIC TRAUMA CENTER UNDER THIS SECTION 477
THAT SHALL OR MAY BE REPORTED TO THE DIRECTOR; 478
(5) DESIGNATION AND REDESIGNATION AS A PEDIATRIC TRAUMA 480
CENTER UNDER THIS SECTION OF HOSPITALS THAT COMPLY WITH THE 481
SAFETY AND QUALITY-OF-CARE STANDARDS ESTABLISHED UNDER THIS 482
12
DIVISION AND OTHERWISE SATISFY THE REQUIREMENTS OF THIS SECTION. 483
THE DESIGNATION OR REDESIGNATION OF A HOSPITAL AS A PEDIATRIC 484
TRAUMA CENTER UNDER THIS SECTION SHALL BE VALID FOR THREE YEARS 485
UNLESS SUSPENDED OR REVOKED, AND SHALL BE EVIDENCED BY A 486
CERTIFICATE ISSUED BY THE DIRECTOR TO THE HOSPITAL. 487
(6) FEES THE DEPARTMENT OF HEALTH MAY CHARGE A HOSPITAL 489
THAT APPLIES FOR DESIGNATION OR REDESIGNATION AS A PEDIATRIC 490
TRAUMA CENTER UNDER THIS SECTION. THE FEES SHALL NOT EXCEED THE 491
LESSER OF THE FOLLOWING AMOUNTS: 492
(a) THE TYPICAL FEE THE AMERICAN COLLEGE OF SURGEONS 494
CHARGES TO VERIFY OR REVERIFY, AS APPROPRIATE, TRAUMA CENTERS AT 496
A LEVEL COMPARABLE TO THAT OF THE HOSPITAL SEEKING DESIGNATION; 497
(b) THE ACTUAL COSTS INCURRED BY THE DEPARTMENT OF HEALTH 499
TO INSPECT AND DESIGNATE OR REDESIGNATE THE HOSPITAL AS A 500
PEDIATRIC TRAUMA CENTER UNDER THIS SECTION. 501
(7) REQUIREMENTS THAT HOSPITALS DESIGNATED OR REDESIGNATED 503
AS A PEDIATRIC TRAUMA CENTER UNDER THIS SECTION SHALL DO BOTH OF 504
THE FOLLOWING: 505
(a) PROMPTLY NOTIFY THE DIRECTOR IF THERE IS A MATERIAL 507
CHANGE IN THE HOSPITAL'S ABILITY TO PROVIDE PEDIATRIC TRAUMA CARE 508
AT THE LEVEL AT WHICH IT IS DESIGNATED OR REDESIGNATED UNDER THIS 509
SECTION AS A PEDIATRIC TRAUMA CENTER;
(b) ADOPT AND FOLLOW WRITTEN PROTOCOLS FOR PEER REVIEW AND 511
QUALITY IMPROVEMENT OF PEDIATRIC TRAUMA CARE. 512
(8) STANDARDS FOR THE SUSPENSION AND REVOCATION OF THE 514
DESIGNATION OR REDESIGNATION CERTIFICATE ISSUED UNDER THIS 515
SECTION TO A HOSPITAL THAT FAILS TO MAINTAIN COMPLIANCE WITH THE 516
SAFETY AND QUALITY-OF-CARE STANDARDS ESTABLISHED FOR PEDIATRIC 517
TRAUMA CENTERS UNDER THIS SECTION. BEFORE SUSPENDING OR REVOKING 518
A HOSPITAL'S DESIGNATION OR REDESIGNATION CERTIFICATE, THE 519
DIRECTOR SHALL GIVE THE HOSPITAL WRITTEN NOTICE OF THE PROPOSED
ACTION. THE NOTICE SHALL SPECIFY THE DEFICIENCIES THAT ARE THE 520
BASIS OF THE PROPOSED ACTION AND GIVE THE HOSPITAL A GRACE 521
PERIOD, AS THE DIRECTOR DETERMINES IS APPROPRIATE, TO PROVIDE TO 522
13
THE DIRECTOR EVIDENCE THAT THE DEFICIENCIES HAVE BEEN CORRECTED, 523
PROVIDED THAT A GRACE PERIOD SHALL NOT EXTEND THE THREE-YEAR TERM 524
OF A DESIGNATION OR REDESIGNATION CERTIFICATE AND NEED NOT BE
GRANTED WITH REGARD TO ANY DEFICIENCY THAT THREATENS PUBLIC 525
HEALTH OR SAFETY.
(9) PROCEDURES FOR ALL OF THE FOLLOWING WITH REGARD TO 527
CERTIFICATES THAT EVIDENCE THE DESIGNATION OR REDESIGNATION OF 528
HOSPITALS AS A PEDIATRIC TRAUMA CENTER UNDER THIS SECTION: 529
(a) THE ISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION OF 531
CERTIFICATES; 532
(b) APPEALS REGARDING THE ISSUANCE, RENEWAL, SUSPENSION, 534
AND REVOCATION OF CERTIFICATES; 535
(c) THE MAINTENANCE AND DISPLAY OR INSPECTION OF 537
CERTIFICATES HELD BY PEDIATRIC TRAUMA CENTERS. 538
(C) IN DEVELOPING RULES UNDER THIS SECTION, THE DIRECTOR 540
OF HEALTH SHALL DO ALL OF THE FOLLOWING: 541
(1) CONSULT THE STATE BOARD OF EMERGENCY MEDICAL SERVICES 543
AND THE BOARD'S TRAUMA COMMITTEE TO PREVENT INCONSISTENCIES IN 544
TRAUMA-RELATED RULES AND REPORTING REQUIREMENTS ADOPTED BY THE 545
DIRECTOR AND THE BOARD; 546
(2) APPOINT AND CONSULT A COMMITTEE OF PERSONS WHO HAVE 548
CLINICAL AND ADMINISTRATIVE EXPERTISE IN PEDIATRIC TRAUMA CARE; 549
(3) CONSULT APPROPRIATE MEDICAL, HOSPITAL, AND EMERGENCY 551
MEDICAL SERVICE ORGANIZATIONS THAT ARE KNOWLEDGEABLE ABOUT THE 552
SPECIAL NEEDS OF PEDIATRIC TRAUMA PATIENTS, INCLUDING WITHOUT 553
LIMITATION, VERIFICATION OF PEDIATRIC TRAUMA CENTERS, DESIGN AND 554
OPERATION OF PEDIATRIC FACILITIES AND EQUIPMENT, QUALIFICATIONS 555
OF PEDIATRIC STAFF, INTERFACILITY TRANSFER OF PEDIATRIC TRAUMA 556
PATIENTS, PEDIATRIC TRAUMA EDUCATION AND TRAINING CURRICULA, AND 557
PEER REVIEW AND QUALITY ASSURANCE FUNCTIONS IN PEDIATRIC TRAUMA 558
CENTERS;
(4) CONSIDER THE SPECIAL NEEDS OF PEDIATRIC TRAUMA 561
PATIENTS, THE VOLUME AND DISTRIBUTION OF PEDIATRIC TRAUMA 562
PATIENTS IN THIS STATE, AND THE REGIONALIZED NATURE OF EXISTING 563
14
PEDIATRIC TRAUMA CARE RESOURCES IN THIS STATE.
THE DIRECTOR OF HEALTH SHALL APPOINT TO THE COMMITTEE 565
REQUIRED BY THIS DIVISION MEMBERS WHO ARE RESIDENTS OF THIS 566
STATE, ARE RECOGNIZED EXPERTS IN THEIR FIELD OF PRACTICE, AND ARE 567
FAMILIAR WITH PEDIATRIC TRAUMA CARE IN THIS STATE. THE DIRECTOR 568
SHALL ALSO ATTEMPT TO ENSURE THAT MEMBERS REPRESENT URBAN AND 569
RURAL AREAS, ALL GEOGRAPHICAL REGIONS OF THE STATE, AND MEDICAL
AND OSTEOPATHIC BACKGROUNDS. 570
(D) NO HOSPITAL DESIGNATED OR REDESIGNATED AS A PEDIATRIC 572
TRAUMA CENTER UNDER THIS SECTION SHALL FAIL TO COMPLY WITH THIS 573
SECTION OR THE RULES ADOPTED UNDER IT OR WITH ANY ORDER ISSUED BY 574
THE DIRECTOR OF HEALTH UNDER THIS SECTION OR THE RULES ADOPTED 575
UNDER IT.
(E) THE DIRECTOR OF HEALTH AND ANY EMPLOYEE OR CONTRACTOR 577
OF THE DEPARTMENT OF HEALTH SHALL NOT MAKE PUBLIC ANY DATA 578
REPORTED TO OR COLLECTED BY THE DEPARTMENT OF HEALTH UNDER THIS 579
SECTION OR RULES ADOPTED UNDER IT THAT IDENTIFIES OR WOULD TEND 580
TO IDENTIFY SPECIFIC PATIENTS. 581
Sec. 3727.09. (A) NOT LATER THAN TWO YEARS AFTER THE 583
EFFECTIVE DATE OF THIS SECTION, EACH HOSPITAL IN THIS STATE THAT 584
IS NOT A TRAUMA CENTER SHALL ADOPT PROTOCOLS FOR ADULT AND 585
PEDIATRIC TRAUMA CARE PROVIDED IN OR BY THAT HOSPITAL; EACH 586
HOSPITAL IN THIS STATE THAT IS AN ADULT TRAUMA CENTER AND NOT A 587
LEVEL I OR LEVEL II PEDIATRIC TRAUMA CENTER SHALL ADOPT PROTOCOLS 588
FOR PEDIATRIC TRAUMA CARE PROVIDED IN OR BY THAT HOSPITAL; EACH 589
HOSPITAL IN THIS STATE THAT IS A PEDIATRIC TRAUMA CENTER AND NOT
A LEVEL I AND II ADULT TRAUMA CENTER SHALL ADOPT PROTOCOLS FOR 590
ADULT TRAUMA CARE PROVIDED IN OR BY THAT HOSPITAL. IN DEVELOPING 591
ITS TRAUMA CARE PROTOCOLS, EACH HOSPITAL SHALL CONSIDER THE 592
GUIDELINES FOR TRAUMA CARE ESTABLISHED BY THE AMERICAN COLLEGE OF 593
SURGEONS, THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, AND THE 594
AMERICAN ACADEMY OF PEDIATRICS. TRAUMA CARE PROTOCOLS SHALL BE 595
WRITTEN, COMPLY WITH APPLICABLE FEDERAL AND STATE LAWS, AND 596
INCLUDE POLICIES AND PROCEDURES WITH RESPECT TO ALL OF THE 597
15
FOLLOWING:
(1) EVALUATION OF TRAUMA PATIENTS, INCLUDING CRITERIA FOR 599
PROMPT IDENTIFICATION OF TRAUMA PATIENTS WHO REQUIRE A LEVEL OF 600
ADULT OR PEDIATRIC TRAUMA CARE THAT EXCEEDS THE HOSPITAL'S 601
CAPABILITIES;
(2) EMERGENCY TREATMENT AND STABILIZATION OF TRAUMA 603
PATIENTS PRIOR TO TRANSFER TO AN APPROPRIATE ADULT OR PEDIATRIC 604
TRAUMA CENTER;
(3) TIMELY TRANSFER OF TRAUMA PATIENTS TO APPROPRIATE 606
ADULT OR PEDIATRIC TRAUMA CENTERS BASED ON A PATIENT'S MEDICAL 607
NEEDS. TRAUMA PATIENT TRANSFER PROTOCOLS SHALL SPECIFY ALL OF 608
THE FOLLOWING:
(a) CONFIRMATION OF THE ABILITY OF THE RECEIVING TRAUMA 610
CENTER TO PROVIDE PROMPT ADULT OR PEDIATRIC TRAUMA CARE 611
APPROPRIATE TO A PATIENT'S MEDICAL NEEDS; 612
(b) PROCEDURES FOR SELECTING AN APPROPRIATE ALTERNATIVE 614
ADULT OR PEDIATRIC TRAUMA CENTER TO RECEIVE A PATIENT WHEN IT IS 615
NOT FEASIBLE OR SAFE TO TRANSPORT THE PATIENT TO A PARTICULAR 616
TRAUMA CENTER;
(c) ADVANCE NOTIFICATION AND APPROPRIATE MEDICAL 618
CONSULTATION WITH THE TRAUMA CENTER TO WHICH A TRAUMA PATIENT IS 619
BEING, OR WILL BE, TRANSFERRED; 620
(d) PROCEDURES FOR SELECTING AN APPROPRIATE METHOD OF 622
TRANSPORTATION AND THE HOSPITAL RESPONSIBLE FOR ARRANGING OR 623
PROVIDING THE TRANSPORTATION; 624
(e) CONFIRMATION OF THE ABILITY OF THE PERSONS AND VEHICLE 626
THAT WILL TRANSPORT A TRAUMA PATIENT TO PROVIDE APPROPRIATE ADULT 627
OR PEDIATRIC TRAUMA CARE; 628
(f) ASSURED COMMUNICATION WITH, AND APPROPRIATE MEDICAL 630
DIRECTION OF, THE PERSONS TRANSPORTING A TRAUMA PATIENT TO A 631
TRAUMA CENTER;
(g) IDENTIFICATION AND TIMELY TRANSFER OF APPROPRIATE 633
MEDICAL RECORDS OF THE TRAUMA PATIENT BEING TRANSFERRED; 634
(h) THE HOSPITAL RESPONSIBLE FOR CARE OF A PATIENT IN 636
16
TRANSIT;
(i) THE RESPONSIBILITIES OF THE PHYSICIAN ATTENDING A 638
PATIENT AND, IF DIFFERENT, THE PHYSICIAN WHO AUTHORIZES A 639
TRANSFER OF THE PATIENT;
(j) PROCEDURES FOR DETERMINING, IN CONSULTATION WITH AN 641
APPROPRIATE ADULT OR PEDIATRIC TRAUMA CENTER AND THE PERSONS WHO 642
WILL TRANSPORT A TRAUMA PATIENT, WHEN TRANSPORTATION OF THE 643
PATIENT TO A TRAUMA CENTER MAY BE DELAYED FOR EITHER OF THE 644
FOLLOWING REASONS:
(i) IMMEDIATE TRANSFER OF THE PATIENT IS UNSAFE DUE TO 646
ADVERSE WEATHER OR GROUND CONDITIONS. 647
(ii) NO TRAUMA CENTER IS ABLE TO PROVIDE APPROPRIATE ADULT 650
OR PEDIATRIC TRAUMA CARE TO THE PATIENT WITHOUT UNDUE DELAY. 651
(4) PEER REVIEW AND QUALITY ASSURANCE PROCEDURES FOR ADULT 653
AND PEDIATRIC TRAUMA CARE PROVIDED IN OR BY THE HOSPITAL. 654
(B)(1) NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE 656
OF THIS SECTION, EACH HOSPITAL SHALL ENTER INTO ALL OF THE 657
FOLLOWING WRITTEN AGREEMENTS UNLESS OTHERWISE PROVIDED IN 658
DIVISION (B)(2) OF THIS SECTION: 659
(a) AN AGREEMENT WITH ONE OR MORE ADULT TRAUMA CENTERS IN 661
EACH LEVEL OF CATEGORIZATION AS A TRAUMA CENTER HIGHER THAN THE 662
HOSPITAL THAT GOVERNS THE TRANSFER OF ADULT TRAUMA PATIENTS FROM 663
THE HOSPITAL TO THOSE TRAUMA CENTERS; 664
(b) AN AGREEMENT WITH ONE OR MORE PEDIATRIC TRAUMA CENTERS 666
IN EACH LEVEL OF CATEGORIZATION AS A TRAUMA CENTER HIGHER THAN 667
THE HOSPITAL THAT GOVERNS THE TRANSFER OF PEDIATRIC TRAUMA 668
PATIENTS FROM THE HOSPITAL TO THOSE TRAUMA CENTERS. 669
(2) A LEVEL I OR LEVEL II ADULT TRAUMA CENTER IS NOT 671
REQUIRED TO ENTER INTO AN ADULT TRAUMA PATIENT TRANSFER AGREEMENT 672
WITH ANOTHER HOSPITAL. A LEVEL I OR LEVEL II PEDIATRIC TRAUMA 673
CENTER IS NOT REQUIRED TO ENTER INTO A PEDIATRIC TRAUMA PATIENT 674
TRANSFER AGREEMENT WITH ANOTHER HOSPITAL. A HOSPITAL IS NOT 675
REQUIRED TO ENTER INTO AN ADULT TRAUMA PATIENT TRANSFER AGREEMENT 676
WITH A LEVEL III OR LEVEL IV ADULT TRAUMA CENTER, OR ENTER INTO A 677
17
PEDIATRIC TRAUMA PATIENT TRANSFER AGREEMENT WITH A LEVEL III OR 678
LEVEL IV PEDIATRIC TRAUMA CENTER, IF NO TRAUMA CENTER OF THAT 679
TYPE IS REASONABLY AVAILABLE TO RECEIVE TRAUMA PATIENTS 680
TRANSFERRED FROM THE HOSPITAL.
(3) A TRAUMA PATIENT TRANSFER AGREEMENT ENTERED INTO BY A 682
HOSPITAL UNDER DIVISION (B)(1) OF THIS SECTION SHALL COMPLY WITH 683
APPLICABLE FEDERAL AND STATE LAWS AND CONTAIN PROVISIONS 684
CONFORMING TO THE REQUIREMENTS FOR TRAUMA CARE PROTOCOLS SET 685
FORTH IN DIVISION (A) OF THIS SECTION.
(C) A HOSPITAL SHALL MAKE TRAUMA CARE PROTOCOLS IT ADOPTS 687
UNDER DIVISION (A) OF THIS SECTION AND TRAUMA PATIENT TRANSFER 688
AGREEMENTS IT ADOPTS UNDER DIVISION (B) OF THIS SECTION AVAILABLE 689
FOR PUBLIC INSPECTION DURING NORMAL WORKING HOURS. A HOSPITAL 690
SHALL FURNISH A COPY OF SUCH DOCUMENTS UPON REQUEST AND MAY 691
CHARGE A REASONABLE AND NECESSARY FEE FOR DOING SO, PROVIDED THAT 692
UPON REQUEST IT SHALL FURNISH A COPY OF SUCH DOCUMENTS TO THE 693
DIRECTOR OF HEALTH FREE OF CHARGE.
Sec. 3727.10. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE 695
OF THIS SECTION, NO HOSPITAL IN THIS STATE SHALL KNOWINGLY DO ANY 696
OF THE FOLLOWING:
(A) REPRESENT THAT IT IS ABLE TO PROVIDE ADULT OR 698
PEDIATRIC TRAUMA CARE TO A SEVERELY INJURED PATIENT THAT IS 699
INCONSISTENT WITH ITS LEVEL OF CATEGORIZATION AS AN ADULT OR 700
PEDIATRIC TRAUMA CENTER, PROVIDED THAT A HOSPITAL THAT OPERATES 701
AN EMERGENCY FACILITY MAY REPRESENT THAT IT PROVIDES EMERGENCY 702
CARE;
(B) PROVIDE ADULT OR PEDIATRIC TRAUMA CARE TO A SEVERELY 704
INJURED PATIENT THAT IS INCONSISTENT WITH APPLICABLE FEDERAL 706
LAWS, STATE LAWS, AND TRAUMA CARE PROTOCOLS AND PATIENT TRANSFER 707
AGREEMENTS THE HOSPITAL HAS ADOPTED UNDER SECTION 3727.09 OF THE
REVISED CODE;
(C) TRANSFER A SEVERELY INJURED ADULT OR PEDIATRIC TRAUMA 709
PATIENT TO A HOSPITAL THAT IS NOT A TRAUMA CENTER WITH AN 711
APPROPRIATE LEVEL OF ADULT OR PEDIATRIC CATEGORIZATION OR 712
18
OTHERWISE TRANSFER A SEVERELY INJURED ADULT OR PEDIATRIC TRAUMA 713
PATIENT IN A MANNER INCONSISTENT WITH ANY APPLICABLE TRAUMA 714
PATIENT TRANSFER AGREEMENT ADOPTED BY THE HOSPITAL UNDER SECTION 715
3727.09 OF THE REVISED CODE.
Sec. 3729.17. (A) Except as provided in division (C) of 724
this section, each health care provider rendering services to a 725
patient whose care is paid in whole or in part by a public health 726
care program shall report to the Ohio health care data center, in 727
the form and manner prescribed by the director of health, the 728
information listed in divisions (A)(1) and (2) of this section 729
for each such patient included within any category listed under 730
division (B) of this section. Any request involving quality data 731
shall be in accordance with section 3729.36 of the Revised Code. 732
(1) The severity of the patient's condition; 734
(2) The patient's outcome and the effectiveness of the 736
services rendered. 737
(B) The information specified in division (A) of this 739
section shall be reported for the following categories of 740
patients: 741
(1) Maternal and infant health patients; 743
(2) Intensive care unit patients; 745
(3) Long-term care patients; 747
(4) Patients with terminal illnesses; 749
(5) Patients with cardio-vascular disease; 751
(6) Patients receiving trauma care services; 753
(7) Patients with low back pain; 755
(8)(7) Any other category of patient selected by the 757
director that is one of the one hundred high priority diagnoses 758
and one hundred high priority medical procedures analyzed by the 759
center under section 3729.12 of the Revised Code, EXCEPT TRAUMA 760
PATIENTS WITH RESPECT TO WHICH DATA IS REPORTED TO THE STATE 762
TRAUMA REGISTRY IN ACCORDANCE WITH RULES ADOPTED BY THE STATE 763
BOARD OF EMERGENCY MEDICAL SERVICES UNDER SECTIONS 4765.06 AND 764
4765.11 OF THE REVISED CODE.
19
(C) A health care provider is not required to report the 766
information required under division (A) of this section if the 767
information is reported by a provider to another state or local 768
governmental agency. In that case, the state or local agency 769
shall report the information required by division (A) of this 770
section to the data center in the form and manner prescribed by 771
the director. A health care provider or state or local 772
governmental agency also is not required to report the 773
information required under division (A) of this section if 775
reporting the information would violate a federal law or
regulation or any provision of the Revised Code. 776
Sec. 3737.66. No (A) AS USED IN THIS SECTION, 785
"FIREFIGHTING AGENCY" AND "PRIVATE FIRE COMPANY" HAVE THE SAME 786
MEANINGS AS IN SECTION 9.60 OF THE REVISED CODE. 787
(B) NO person shall call himself, hold himself out as 791
being, CLAIM TO THE PUBLIC TO BE or act as a fireman, volunteer 792
fireman, fire fighter FIREFIGHTER, volunteer fire fighter 794
FIREFIGHTER, member of a fire department, chief of a fire 795
department, or fire prevention officer unless at least one of the 796
following applies:
(A) He (1) THE PERSON is recognized as a fireman, 798
volunteer fireman, fire fighter FIREFIGHTER, volunteer fire 800
fighter FIREFIGHTER, member of a fire department, chief of a fire 802
department, or fire prevention officer by the fire marshal or has 803
received a certificate issued under former section 3303.07 or 804
section 4765.55 of the Revised Code evidencing his satisfactory 805
completion of a fire fighter FIREFIGHTER training program and has 806
been appointed by the GOVERNING board of fire district trustees, 808
township, or municipal corporation A FIREFIGHTING AGENCY or, in 809
the case of a volunteer fire fighter FIREFIGHTER, receives such a 810
certificate within one year after his appointment BY THE 811
GOVERNING BOARD OF A FIREFIGHTING AGENCY; 812
(B) He (2) THE PERSON is a member of a private fire 814
company as defined in division (A)(2) of section 9.60 of the 816
20
Revised Code and that company is providing fire protection in 817
accordance with division (B), (C), or (D) of section 9.60 of the 818
Revised Code.
Sec. 4511.191. (A) Any person who operates a vehicle upon 827
a highway or any public or private property used by the public 828
for vehicular travel or parking within this state shall be deemed 829
to have given consent to a chemical test or tests of the person's 831
blood, breath, or urine for the purpose of determining the 832
alcohol, drug, or alcohol and drug content of the person's blood, 833
breath, or urine if arrested for operating a vehicle while under 835
the influence of alcohol, a drug of abuse, or alcohol and a drug 836
of abuse or for operating a vehicle with a prohibited 837
concentration of alcohol in the blood, breath, or urine. The 838
chemical test or tests shall be administered at the request of a 839
police officer having reasonable grounds to believe the person to 840
have been operating a vehicle upon a highway or any public or 841
private property used by the public for vehicular travel or 842
parking in this state while under the influence of alcohol, a 843
drug of abuse, or alcohol and a drug of abuse or with a 844
prohibited concentration of alcohol in the blood, breath, or 845
urine. The law enforcement agency by which the officer is 846
employed shall designate which of the tests shall be
administered. 847
(B) Any person who is dead or unconscious, or who is 849
otherwise in a condition rendering the person incapable of 850
refusal, shall be deemed not to have withdrawn consent as 852
provided by division (A) of this section and the test or tests 853
may be administered, subject to sections 313.12 to 313.16 of the 854
Revised Code. 855
(C)(1) Any person under arrest for operating a vehicle 857
while under the influence of alcohol, a drug of abuse, or alcohol 858
and a drug of abuse or for operating a vehicle with a prohibited 859
concentration of alcohol in the blood, breath, or urine shall be 860
advised at a police station, or at a hospital, first-aid station, 861
21
or clinic to which the person has been taken for first-aid or 862
medical treatment, of both of the following: 863
(a) The consequences, as specified in division (E) of this 865
section, of the person's refusal to submit upon request to a 866
chemical test designated by the law enforcement agency as 868
provided in division (A) of this section; 869
(b) The consequences, as specified in division (F) of this 871
section, of the person's submission to the designated chemical 873
test if the person is found to have a prohibited concentration of 874
alcohol in the blood, breath, or urine. 875
(2)(a) The advice given pursuant to division (C)(1) of 877
this section shall be in a written form containing the 878
information described in division (C)(2)(b) of this section and 879
shall be read to the person. The form shall contain a statement 880
that the form was shown to the person under arrest and read to 881
the person in the presence of the arresting officer and either 883
another police officer, a civilian police employee, or an 884
employee of a hospital, first-aid station, or clinic, if any, to 885
which the person has been taken for first-aid or medical 886
treatment. The witnesses shall certify to this fact by signing 887
the form.
(b) The form required by division (C)(2)(a) of this 889
section shall read as follows: 890
"You now are under arrest for operating a vehicle while 892
under the influence of alcohol, a drug of abuse, or both alcohol 893
and a drug of abuse and will be requested by a police officer to 894
submit to a chemical test to determine the concentration of 895
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 896
blood, breath, or urine. 897
If you refuse to submit to the requested test or if you 899
submit to the requested test and are found to have a prohibited 900
concentration of alcohol in your blood, breath, or urine, your 901
driver's or commercial driver's license or permit or nonresident 902
operating privilege immediately will be suspended for the period 903
22
of time specified by law by the officer, on behalf of the 904
registrar of motor vehicles. You may appeal this suspension at 905
your initial appearance before the court that hears the charges 906
against you resulting from the arrest, and your initial 907
appearance will be conducted no later than five days after the 908
arrest. This suspension is independent of the penalties for the 909
offense, and you may be subject to other penalties upon 910
conviction." 911
(D)(1) If a person under arrest as described in division 913
(C)(1) of this section is not asked by a police officer to submit 914
to a chemical test designated as provided in division (A) of this 915
section, the arresting officer shall seize the Ohio or 916
out-of-state driver's or commercial driver's license or permit of 917
the person and immediately forward the seized license or permit 918
to the court in which the arrested person is to appear on the 919
charge for which the person was arrested. If the arrested person 920
does not have the person's driver's or commercial driver's 921
license or permit on the person's self or in the person's 922
vehicle, the arresting officer shall order the arrested person to 924
surrender it to the law enforcement agency that employs the 926
officer within twenty-four hours after the arrest, and, upon the 927
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 929
person is to appear on the charge for which the person was 930
arrested. Upon receipt of the license or permit, the court shall 932
retain it pending the initial appearance of the arrested person 933
and any action taken under section 4511.196 of the Revised Code. 934
If a person under arrest as described in division (C)(1) of 936
this section is asked by a police officer to submit to a chemical 937
test designated as provided in division (A) of this section and 938
is advised of the consequences of the person's refusal or 939
submission as provided in division (C) of this section and if the 940
person either refuses to submit to the designated chemical test 941
or the person submits to the designated chemical test and the 942
23
test results indicate that the person's blood contained a 943
concentration of ten-hundredths of one per cent or more by weight 944
of alcohol, the person's breath contained a concentration of 945
ten-hundredths of one gram or more by weight of alcohol per two 946
hundred ten liters of the person's breath, or the person's urine 947
contained a concentration of fourteen-hundredths of one gram or 949
more by weight of alcohol per one hundred milliliters of the 950
person's urine at the time of the alleged offense, the arresting 952
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 954
suspension upon the person that advises the person that, 955
independent of any penalties or sanctions imposed upon the person 957
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 959
license or permit or nonresident operating privilege is 960
suspended, that the suspension takes effect immediately, that the 961
suspension will last at least until the person's initial 962
appearance on the charge that will be held within five days after 964
the date of the person's arrest or the issuance of a citation to 966
the person, and that the person may appeal the suspension at the 968
initial appearance; seize the Ohio or out-of-state driver's or 969
commercial driver's license or permit of the person; and 970
immediately forward the seized license or permit to the 971
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 972
self or in the person's vehicle, the arresting officer shall 974
order the person to surrender it to the law enforcement agency 975
that employs the officer within twenty-four hours after the 976
service of the notice of suspension, and, upon the surrender, the 977
officer's employing agency immediately shall forward the license 978
or permit to the registrar. 979
(b) Verify the current residence of the person and, if it 981
differs from that on the person's driver's or commercial driver's 982
license or permit, notify the registrar of the change; 983
24
(c) In addition to forwarding the arrested person's 985
driver's or commercial driver's license or permit to the 986
registrar, send to the registrar, within forty-eight hours after 987
the arrest of the person, a sworn report that includes all of the 988
following statements: 989
(i) That the officer had reasonable grounds to believe 991
that, at the time of the arrest, the arrested person was 992
operating a vehicle upon a highway or public or private property 993
used by the public for vehicular travel or parking within this 994
state while under the influence of alcohol, a drug of abuse, or 995
alcohol and a drug of abuse or with a prohibited concentration of 996
alcohol in the blood, breath, or urine; 997
(ii) That the person was arrested and charged with 999
operating a vehicle while under the influence of alcohol, a drug 1,000
of abuse, or alcohol and a drug of abuse or with operating a 1,001
vehicle with a prohibited concentration of alcohol in the blood, 1,002
breath, or urine; 1,003
(iii) That the officer asked the person to take the 1,005
designated chemical test, advised the person of the consequences 1,006
of submitting to the chemical test or refusing to take the 1,007
chemical test, and gave the person the form described in division 1,008
(C)(2) of this section; 1,009
(iv) That the person refused to submit to the chemical 1,011
test or that the person submitted to the chemical test and the 1,012
test results indicate that the person's blood contained a 1,013
concentration of ten-hundredths of one per cent or more by weight 1,015
of alcohol, the person's breath contained a concentration of 1,016
ten-hundredths of one gram or more by weight of alcohol per two 1,017
hundred ten liters of the person's breath, or the person's urine 1,018
contained a concentration of fourteen-hundredths of one gram or 1,020
more by weight of alcohol per one hundred milliliters of the 1,021
person's urine at the time of the alleged offense; 1,023
(v) That the officer served a notice of suspension upon 1,025
the person as described in division (D)(1)(a) of this section. 1,026
25
(2) The sworn report of an arresting officer completed 1,028
under division (D)(1)(c) of this section shall be given by the 1,029
officer to the arrested person at the time of the arrest or sent 1,030
to the person by regular first class mail by the registrar as 1,031
soon thereafter as possible, but no later than fourteen days 1,032
after receipt of the report. An arresting officer may give an 1,033
unsworn report to the arrested person at the time of the arrest 1,034
provided the report is complete when given to the arrested person 1,035
and subsequently is sworn to by the arresting officer. As soon 1,036
as possible, but no later than forty-eight hours after the arrest 1,037
of the person, the arresting officer shall send a copy of the 1,038
sworn report to the court in which the arrested person is to 1,039
appear on the charge for which the person was arrested. 1,040
(3) The sworn report of an arresting officer completed and 1,042
sent to the registrar and the court under divisions (D)(1)(c) and 1,043
(D)(2) of this section is prima-facie proof of the information 1,044
and statements that it contains and shall be admitted and 1,045
considered as prima-facie proof of the information and statements 1,046
that it contains in any appeal under division (H) of this section 1,047
relative to any suspension of a person's driver's or commercial 1,048
driver's license or permit or nonresident operating privilege 1,049
that results from the arrest covered by the report. 1,050
(E)(1) Upon receipt of the sworn report of an arresting 1,052
officer completed and sent to the registrar and a court pursuant 1,053
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 1,054
person who refused to take the designated chemical test, the 1,055
registrar shall enter into the registrar's records the fact that 1,057
the person's driver's or commercial driver's license or permit or 1,058
nonresident operating privilege was suspended by the arresting 1,059
officer under division (D)(1)(a) of this section and the period 1,060
of the suspension, as determined under divisions (E)(1)(a) to (d) 1,061
of this section. The suspension shall be subject to appeal as 1,062
provided in this section and shall be for whichever of the 1,063
following periods applies: 1,064
26
(a) If the arrested person, within five years of the date 1,066
on which the person refused the request to consent to the 1,067
chemical test, had not refused a previous request to consent to a 1,069
chemical test of the person's blood, breath, or urine to 1,070
determine its alcohol content, the period of suspension shall be 1,072
one year. If the person is a resident without a license or 1,073
permit to operate a vehicle within this state, the registrar 1,074
shall deny to the person the issuance of a driver's or commercial 1,075
driver's license or permit for a period of one year after the 1,076
date of the alleged violation.
(b) If the arrested person, within five years of the date 1,078
on which the person refused the request to consent to the 1,079
chemical test, had refused one previous request to consent to a 1,081
chemical test of the person's blood, breath, or urine to 1,082
determine its alcohol content, the period of suspension or denial 1,084
shall be two years.
(c) If the arrested person, within five years of the date 1,086
on which the person refused the request to consent to the 1,087
chemical test, had refused two previous requests to consent to a 1,089
chemical test of the person's blood, breath, or urine to 1,090
determine its alcohol content, the period of suspension or denial 1,092
shall be three years.
(d) If the arrested person, within five years of the date 1,094
on which the person refused the request to consent to the 1,095
chemical test, had refused three or more previous requests to 1,097
consent to a chemical test of the person's blood, breath, or 1,098
urine to determine its alcohol content, the period of suspension 1,100
or denial shall be five years. 1,101
(2) The suspension or denial imposed under division (E)(1) 1,103
of this section shall continue for the entire one-year, two-year, 1,104
three-year, or five-year period, subject to appeal as provided in 1,105
this section and subject to termination as provided in division 1,106
(K) of this section. 1,107
(F) Upon receipt of the sworn report of an arresting 1,109
27
officer completed and sent to the registrar and a court pursuant 1,110
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 1,111
person whose test results indicate that the person's blood 1,112
contained a concentration of ten-hundredths of one per cent or 1,114
more by weight of alcohol, the person's breath contained a 1,115
concentration of ten-hundredths of one gram or more by weight of 1,116
alcohol per two hundred ten liters of the person's breath, or the 1,118
person's urine contained a concentration of fourteen-hundredths 1,119
of one gram or more by weight of alcohol per one hundred 1,120
milliliters of the person's urine at the time of the alleged 1,121
offense, the registrar shall enter into the registrar's records 1,122
the fact that the person's driver's or commercial driver's 1,124
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 1,125
this section and the period of the suspension, as determined 1,126
under divisions (F)(1) to (4) of this section. The suspension 1,127
shall be subject to appeal as provided in this section and shall 1,128
be for whichever of the following periods that applies: 1,129
(1) Except when division (F)(2), (3), or (4) of this 1,131
section applies and specifies a different period of suspension or 1,132
denial, the period of the suspension or denial shall be ninety 1,133
days.
(2) If the person has been convicted, within six years of 1,135
the date the test was conducted, of one violation of division (A) 1,138
or (B) of section 4511.19 of the Revised Code, a municipal 1,139
ordinance relating to operating a vehicle while under the 1,140
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,141
abuse, a municipal ordinance relating to operating a vehicle with 1,142
a prohibited concentration of alcohol in the blood, breath, or 1,143
urine, section 2903.04 of the Revised Code in a case in which the 1,144
offender was subject to the sanctions described in division (D) 1,145
of that section, or section 2903.06, 2903.07, or 2903.08 of the 1,146
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 1,147
28
the jury or judge found that at the time of the commission of the 1,148
offense the offender was under the influence of alcohol, a drug 1,149
of abuse, or alcohol and a drug of abuse, or a statute of the 1,150
United States or of any other state or a municipal ordinance of a 1,151
municipal corporation located in any other state that is 1,152
substantially similar to division (A) or (B) of section 4511.19 1,153
of the Revised Code, the period of the suspension or denial shall 1,154
be one year.
(3) If the person has been convicted, within six years of 1,156
the date the test was conducted, of two violations of a statute 1,157
or ordinance described in division (F)(2) of this section, the 1,159
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 1,161
the date the test was conducted, of more than two violations of a 1,162
statute or ordinance described in division (F)(2) of this 1,163
section, the period of the suspension or denial shall be three 1,164
years. 1,165
(G)(1) A suspension of a person's driver's or commercial 1,167
driver's license or permit or nonresident operating privilege 1,168
under division (D)(1)(a) of this section for the period of time 1,169
described in division (E) or (F) of this section is effective 1,170
immediately from the time at which the arresting officer serves 1,171
the notice of suspension upon the arrested person. Any 1,172
subsequent finding that the person is not guilty of the charge 1,173
that resulted in the person being requested to take, or in the 1,175
person taking, the chemical test or tests under division (A) of 1,176
this section affects the suspension only as described in division 1,177
(H)(2) of this section. 1,178
(2) If a person is arrested for operating a vehicle while 1,180
under the influence of alcohol, a drug of abuse, or alcohol and a 1,181
drug of abuse or for operating a vehicle with a prohibited 1,182
concentration of alcohol in the blood, breath, or urine and 1,183
regardless of whether the person's driver's or commercial 1,184
driver's license or permit or nonresident operating privilege is 1,185
29
or is not suspended under division (E) or (F) of this section, 1,186
the person's initial appearance on the charge resulting from the 1,187
arrest shall be held within five days of the person's arrest or 1,188
the issuance of the citation to the person, subject to any 1,189
continuance granted by the court pursuant to division (H)(1) of 1,191
this section regarding the issues specified in that division. 1,192
(H)(1) If a person is arrested for operating a vehicle 1,194
while under the influence of alcohol, a drug of abuse, or alcohol 1,195
and a drug of abuse or for operating a vehicle with a prohibited 1,196
concentration of alcohol in the blood, breath, or urine and if 1,197
the person's driver's or commercial driver's license or permit or 1,198
nonresident operating privilege is suspended under division (E) 1,199
or (F) of this section, the person may appeal the suspension at 1,200
the person's initial appearance on the charge resulting from the 1,203
arrest in the court in which the person will appear on that 1,204
charge. If the person appeals the suspension at the person's 1,205
initial appearance, the appeal does not stay the operation of the 1,206
suspension. Subject to division (H)(2) of this section, no court 1,207
has jurisdiction to grant a stay of a suspension imposed under 1,208
division (E) or (F) of this section, and any order issued by any 1,209
court that purports to grant a stay of any suspension imposed 1,210
under either of those divisions shall not be given administrative 1,211
effect.
If the person appeals the suspension at the person's 1,213
initial appearance, either the person or the registrar may 1,214
request a continuance of the appeal. Either the person or the 1,216
registrar shall make the request for a continuance of the appeal 1,217
at the same time as the making of the appeal. If either the 1,218
person or the registrar requests a continuance of the appeal, the 1,219
court may grant the continuance. The court also may continue the 1,220
appeal on its own motion. The granting of a continuance applies 1,221
only to the conduct of the appeal of the suspension and does not 1,222
extend the time within which the initial appearance must be 1,223
conducted, and the court shall proceed with all other aspects of 1,224
30
the initial appearance in accordance with its normal procedures. 1,225
Neither the request for nor the granting of a continuance stays 1,226
the operation of the suspension that is the subject of the 1,227
appeal.
If the person appeals the suspension at the person's 1,229
initial appearance, the scope of the appeal is limited to 1,230
determining whether one or more of the following conditions have 1,231
not been met: 1,232
(a) Whether the law enforcement officer had reasonable 1,234
ground to believe the arrested person was operating a vehicle 1,235
upon a highway or public or private property used by the public 1,236
for vehicular travel or parking within this state while under the 1,237
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,238
abuse or with a prohibited concentration of alcohol in the blood, 1,239
breath, or urine and whether the arrested person was in fact 1,240
placed under arrest; 1,241
(b) Whether the law enforcement officer requested the 1,243
arrested person to submit to the chemical test designated 1,244
pursuant to division (A) of this section; 1,245
(c) Whether the arresting officer informed the arrested 1,247
person of the consequences of refusing to be tested or of 1,248
submitting to the test; 1,249
(d) Whichever of the following is applicable: 1,251
(i) Whether the arrested person refused to submit to the 1,253
chemical test requested by the officer; 1,254
(ii) Whether the chemical test results indicate that the 1,256
arrested person's blood contained a concentration of 1,257
ten-hundredths of one per cent or more by weight of alcohol, the 1,259
person's breath contained a concentration of ten-hundredths of 1,261
one gram or more by weight of alcohol per two hundred ten liters 1,262
of the person's breath, or the person's urine contained a 1,263
concentration of fourteen-hundredths of one gram or more by 1,265
weight of alcohol per one hundred milliliters of the person's 1,266
urine at the time of the alleged offense.
31
(2) If the person appeals the suspension at the initial 1,268
appearance, the judge or referee of the court or the mayor of the 1,269
mayor's court shall determine whether one or more of the 1,270
conditions specified in divisions (H)(1)(a) to (d) of this 1,271
section have not been met. The person who appeals the suspension 1,272
has the burden of proving, by a preponderance of the evidence, 1,273
that one or more of the specified conditions has not been met. 1,274
If during the appeal at the initial appearance the judge or 1,275
referee of the court or the mayor of the mayor's court determines 1,276
that all of those conditions have been met, the judge, referee, 1,277
or mayor shall uphold the suspension, shall continue the 1,278
suspension, and shall notify the registrar of the decision on a 1,279
form approved by the registrar. Except as otherwise provided in 1,280
division (H)(2) of this section, if the suspension is upheld or 1,281
if the person does not appeal the suspension at the person's 1,282
initial appearance under division (H)(1) of this section, the 1,283
suspension shall continue until the complaint alleging the 1,284
violation for which the person was arrested and in relation to 1,285
which the suspension was imposed is adjudicated on the merits by 1,286
the judge or referee of the trial court or by the mayor of the 1,287
mayor's court. If the suspension was imposed under division (E) 1,288
of this section and it is continued under this division, any 1,289
subsequent finding that the person is not guilty of the charge 1,290
that resulted in the person being requested to take the chemical 1,291
test or tests under division (A) of this section does not 1,292
terminate or otherwise affect the suspension. If the suspension 1,293
was imposed under division (F) of this section and it is 1,294
continued under this division, the suspension shall terminate if, 1,295
for any reason, the person subsequently is found not guilty of 1,296
the charge that resulted in the person taking the chemical test 1,297
or tests under division (A) of this section. 1,298
If, during the appeal at the initial appearance, the judge 1,300
or referee of the trial court or the mayor of the mayor's court 1,301
determines that one or more of the conditions specified in 1,302
32
divisions (H)(1)(a) to (d) of this section have not been met, the 1,303
judge, referee, or mayor shall terminate the suspension, subject 1,304
to the imposition of a new suspension under division (B) of 1,305
section 4511.196 of the Revised Code; shall notify the registrar 1,306
of the decision on a form approved by the registrar; and, except 1,307
as provided in division (B) of section 4511.196 of the Revised 1,309
Code, shall order the registrar to return the driver's or 1,310
commercial driver's license or permit to the person or to take 1,311
such measures as may be necessary, if the license or permit was 1,312
destroyed under section 4507.55 of the Revised Code, to permit 1,313
the person to obtain a replacement driver's or commercial 1,314
driver's license or permit from the registrar or a deputy 1,315
registrar in accordance with that section. The court also shall 1,316
issue to the person a court order, valid for not more than ten 1,317
days from the date of issuance, granting the person operating 1,318
privileges for that period of time.
If the person appeals the suspension at the initial 1,320
appearance, the registrar shall be represented by the prosecuting 1,321
attorney of the county in which the arrest occurred if the 1,322
initial appearance is conducted in a juvenile court or county 1,323
court, except that if the arrest occurred within a city or 1,324
village within the jurisdiction of the county court in which the 1,325
appeal is conducted, the city director of law or village 1,326
solicitor of that city or village shall represent the registrar. 1,327
If the appeal is conducted in a municipal court, the registrar 1,328
shall be represented as provided in section 1901.34 of the 1,329
Revised Code. If the appeal is conducted in a mayor's court, the 1,330
registrar shall be represented by the city director of law, 1,331
village solicitor, or other chief legal officer of the municipal 1,332
corporation that operates that mayor's court. 1,333
(I)(1) If a person's driver's or commercial driver's 1,335
license or permit or nonresident operating privilege has been 1,336
suspended pursuant to division (E) of this section, and the 1,337
person, within the preceding seven years, has refused three 1,338
33
previous requests to consent to a chemical test of the person's 1,340
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 1,341
of division (A) or (B) of section 4511.19 of the Revised Code, a 1,342
municipal ordinance relating to operating a vehicle while under 1,343
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,344
of abuse, a municipal ordinance relating to operating a vehicle 1,345
with a prohibited concentration of alcohol in the blood, breath, 1,346
or urine, section 2903.04 of the Revised Code in a case in which 1,347
the person was subject to the sanctions described in division (D) 1,348
of that section, or section 2903.06, 2903.07, or 2903.08 of the 1,349
Revised Code or a municipal ordinance that is substantially 1,350
similar to section 2903.07 of the Revised Code in a case in which 1,351
the jury or judge found that the person was under the influence 1,352
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,353
statute of the United States or of any other state or a municipal 1,354
ordinance of a municipal corporation located in any other state 1,355
that is substantially similar to division (A) or (B) of section 1,356
4511.19 of the Revised Code, the person is not entitled to 1,357
request, and the court shall not grant to the person, 1,358
occupational driving privileges under this division. Any other 1,359
person whose driver's or commercial driver's license or 1,360
nonresident operating privilege has been suspended pursuant to 1,361
division (E) of this section may file a petition requesting 1,362
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 1,363
is a minor, juvenile court with jurisdiction over the related 1,365
criminal or delinquency case. The petition may be filed at any 1,366
time subsequent to the date on which the notice of suspension is 1,367
served upon the arrested person. The person shall pay the costs 1,368
of the proceeding, notify the registrar of the filing of the 1,369
petition, and send the registrar a copy of the petition. 1,370
In the proceedings, the registrar shall be represented by 1,372
the prosecuting attorney of the county in which the arrest 1,373
34
occurred if the petition is filed in the juvenile court, county 1,374
court, or common pleas court, except that, if the arrest occurred 1,375
within a city or village within the jurisdiction of the county 1,377
court in which the petition is filed, the city director of law or 1,378
village solicitor of that city or village shall represent the 1,379
registrar. If the petition is filed in the municipal court, the 1,380
registrar shall be represented as provided in section 1901.34 of 1,381
the Revised Code. If the petition is filed in a mayor's court, 1,382
the registrar shall be represented by the city director of law, 1,383
village solicitor, or other chief legal officer of the municipal 1,384
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 1,386
suspension would seriously affect the person's ability to 1,387
continue in the person's employment, may grant the person 1,388
occupational driving privileges during the period of suspension 1,390
imposed pursuant to division (E) of this section, subject to the 1,391
limitations contained in this division and division (I)(2) of 1,392
this section. The court may grant the occupational driving 1,393
privileges, subject to the limitations contained in this division 1,394
and division (I)(2) of this section, regardless of whether the 1,395
person appeals the suspension at the person's initial appearance 1,397
under division (H)(1) of this section or appeals the decision of 1,398
the court made pursuant to the appeal conducted at the initial 1,399
appearance, and, if the person has appealed the suspension or 1,400
decision, regardless of whether the matter at issue has been 1,401
heard or decided by the court. The court shall not grant 1,402
occupational driving privileges to any person who, within seven 1,403
years of the filing of the petition, has refused three previous 1,404
requests to consent to a chemical test of the person's blood, 1,406
breath, or urine to determine its alcohol content or has been 1,407
convicted of or pleaded guilty to three or more violations of 1,408
division (A) or (B) of section 4511.19 of the Revised Code, a 1,409
municipal ordinance relating to operating a vehicle while under 1,410
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,411
35
of abuse, a municipal ordinance relating to operating a vehicle 1,412
with a prohibited concentration of alcohol in the blood, breath, 1,413
or urine, section 2903.04 of the Revised Code in a case in which 1,414
the person was subject to the sanctions described in division (D) 1,415
of that section, or section 2903.06, 2903.07, or 2903.08 of the 1,416
Revised Code or a municipal ordinance that is substantially 1,417
similar to section 2903.07 of the Revised Code in a case in which 1,418
the jury or judge found that the person was under the influence 1,419
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,420
statute of the United States or of any other state or a municipal 1,421
ordinance of a municipal corporation located in any other state 1,422
that is substantially similar to division (A) or (B) of section 1,423
4511.19 of the Revised Code, and shall not grant occupational 1,424
driving privileges for employment as a driver of commercial motor 1,425
vehicles to any person who is disqualified from operating a 1,426
commercial motor vehicle under section 2301.374 or 4506.16 of the 1,427
Revised Code.
(2)(a) In granting occupational driving privileges under 1,429
division (I)(1) of this section, the court may impose any 1,430
condition it considers reasonable and necessary to limit the use 1,431
of a vehicle by the person. The court shall deliver to the 1,432
person a permit card, in a form to be prescribed by the court, 1,433
setting forth the time, place, and other conditions limiting the 1,434
defendant's use of a vehicle. The grant of occupational driving 1,435
privileges shall be conditioned upon the person's having the 1,436
permit in the person's possession at all times during which the 1,438
person is operating a vehicle. 1,439
A person granted occupational driving privileges who 1,441
operates a vehicle for other than occupational purposes, in 1,442
violation of any condition imposed by the court, or without 1,443
having the permit in the person's possession, is guilty of a 1,444
violation of section 4507.02 of the Revised Code. 1,446
(b) The court may not grant a person occupational driving 1,448
privileges under division (I)(1) of this section when prohibited 1,449
36
by a limitation contained in that division or during any of the 1,450
following periods of time: 1,451
(i) The first thirty days of suspension imposed upon a 1,453
person who, within five years of the date on which the person 1,454
refused the request to consent to a chemical test of the person's 1,456
blood, breath, or urine to determine its alcohol content and for 1,458
which refusal the suspension was imposed, had not refused a 1,459
previous request to consent to a chemical test of the person's 1,460
blood, breath, or urine to determine its alcohol content; 1,462
(ii) The first ninety days of suspension imposed upon a 1,464
person who, within five years of the date on which the person 1,465
refused the request to consent to a chemical test of the person's 1,467
blood, breath, or urine to determine its alcohol content and for 1,469
which refusal the suspension was imposed, had refused one 1,470
previous request to consent to a chemical test of the person's 1,471
blood, breath, or urine to determine its alcohol content; 1,473
(iii) The first year of suspension imposed upon a person 1,475
who, within five years of the date on which the person refused 1,477
the request to consent to a chemical test of the person's blood, 1,479
breath, or urine to determine its alcohol content and for which 1,480
refusal the suspension was imposed, had refused two previous 1,481
requests to consent to a chemical test of the person's blood, 1,482
breath, or urine to determine its alcohol content; 1,484
(iv) The first three years of suspension imposed upon a 1,486
person who, within five years of the date on which the person 1,487
refused the request to consent to a chemical test of the person's 1,489
blood, breath, or urine to determine its alcohol content and for 1,491
which refusal the suspension was imposed, had refused three or 1,492
more previous requests to consent to a chemical test of the 1,493
person's blood, breath, or urine to determine its alcohol 1,495
content.
(3) The court shall give information in writing of any 1,497
action taken under this section to the registrar. 1,498
(4) If a person's driver's or commercial driver's license 1,500
37
or permit or nonresident operating privilege has been suspended 1,501
pursuant to division (F) of this section, and the person, within 1,502
the preceding seven years, has been convicted of or pleaded 1,503
guilty to three or more violations of division (A) or (B) of 1,504
section 4511.19 of the Revised Code, a municipal ordinance 1,505
relating to operating a vehicle while under the influence of 1,506
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 1,507
municipal ordinance relating to operating a vehicle with a 1,508
prohibited concentration of alcohol in the blood, breath, or 1,509
urine, section 2903.04 of the Revised Code in a case in which the 1,510
person was subject to the sanctions described in division (D) of 1,511
that section, or section 2903.06, 2903.07, or 2903.08 of the 1,512
Revised Code or a municipal ordinance that is substantially 1,513
similar to section 2903.07 of the Revised Code in a case in which 1,514
the jury or judge found that the person was under the influence 1,515
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,516
statute of the United States or of any other state or a municipal 1,517
ordinance of a municipal corporation located in any other state 1,519
that is substantially similar to division (A) or (B) of section 1,520
4511.19 of the Revised Code, the person is not entitled to 1,521
request, and the court shall not grant to the person, 1,522
occupational driving privileges under this division. Any other 1,523
person whose driver's or commercial driver's license or 1,524
nonresident operating privilege has been suspended pursuant to 1,525
division (F) of this section may file in the court specified in 1,526
division (I)(1) of this section a petition requesting 1,527
occupational driving privileges in accordance with section 1,528
4507.16 of the Revised Code. The petition may be filed at any 1,529
time subsequent to the date on which the arresting officer serves 1,530
the notice of suspension upon the arrested person. Upon the 1,531
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 1,532
The court may grant the occupational driving privileges, subject 1,533
to the limitations contained in section 4507.16 of the Revised 1,534
38
Code, regardless of whether the person appeals the suspension at 1,535
the person's initial appearance under division (H)(1) of this 1,537
section or appeals the decision of the court made pursuant to the 1,538
appeal conducted at the initial appearance, and, if the person 1,539
has appealed the suspension or decision, regardless of whether 1,540
the matter at issue has been heard or decided by the court. 1,541
(J) When it finally has been determined under the 1,543
procedures of this section that a nonresident's privilege to 1,544
operate a vehicle within this state has been suspended, the 1,545
registrar shall give information in writing of the action taken 1,546
to the motor vehicle administrator of the state of the person's 1,547
residence and of any state in which the person has a license. 1,548
(K) A suspension of the driver's or commercial driver's 1,550
license or permit of a resident, a suspension of the operating 1,551
privilege of a nonresident, or a denial of a driver's or 1,552
commercial driver's license or permit pursuant to division (E) or 1,554
(F) of this section shall be terminated by the registrar upon 1,556
receipt of notice of the person's entering a plea of guilty to, 1,557
or of the person's conviction of, operating a vehicle while under 1,559
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,560
of abuse or with a prohibited concentration of alcohol in the 1,561
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 1,562
incident that led to the suspension or denial. 1,563
The registrar shall credit against any judicial suspension 1,565
of a person's driver's or commercial driver's license or permit 1,566
or nonresident operating privilege imposed pursuant to division 1,567
(B) or (E) of section 4507.16 of the Revised Code any time during 1,568
which the person serves a related suspension imposed pursuant to 1,569
division (E) or (F) of this section. 1,570
(L) At the end of a suspension period under this section, 1,572
section 4511.196, or division (B) of section 4507.16 of the 1,573
Revised Code and upon the request of the person whose driver's or 1,574
commercial driver's license or permit was suspended and who is 1,575
39
not otherwise subject to suspension, revocation, or 1,576
disqualification, the registrar shall return the driver's or 1,577
commercial driver's license or permit to the person upon the 1,578
person's compliance with all of the conditions specified in 1,580
divisions (L)(1) and (2) of this section: 1,581
(1) A showing by the person that the person has proof of 1,583
financial responsibility, a policy of liability insurance in 1,585
effect that meets the minimum standards set forth in section 1,586
4509.51 of the Revised Code, or proof, to the satisfaction of the 1,587
registrar, that the person is able to respond in damages in an 1,588
amount at least equal to the minimum amounts specified in section 1,589
4509.51 of the Revised Code. 1,590
(2) Subject to the limitation contained in division (L)(3) 1,593
of this section, payment by the person of a license reinstatement 1,594
fee of four hundred TWENTY-five dollars to the bureau of motor 1,596
vehicles, which fee shall be deposited in the state treasury and 1,598
credited as follows: 1,599
(a) One hundred twelve dollars and fifty cents shall be 1,602
credited to the drivers' treatment and intervention fund, which 1,603
is hereby established. The fund shall be used to pay the costs 1,604
of driver treatment and intervention programs operated pursuant 1,605
to sections 3793.02 and 3793.10 of the Revised Code. The 1,606
director of alcohol and drug addiction services shall determine 1,607
the share of the fund that is to be allocated to alcohol and drug 1,608
addiction programs authorized by section 3793.02 of the Revised 1,609
Code, and the share of the fund that is to be allocated to 1,610
drivers' intervention programs authorized by section 3793.10 of 1,611
the Revised Code.
(b) Seventy-five dollars shall be credited to the 1,613
reparations fund created by section 2743.191 of the Revised Code. 1,615
(c) Thirty-seven dollars and fifty cents shall be credited 1,618
to the indigent drivers alcohol treatment fund, which is hereby 1,619
established. Except as otherwise provided in division (L)(2)(c) 1,621
of this section, moneys in the fund shall be distributed by the 1,622
40
department of alcohol and drug addiction services to the county 1,623
indigent drivers alcohol treatment funds, the county juvenile 1,624
indigent drivers alcohol treatment funds, and the municipal 1,625
indigent drivers alcohol treatment funds that are required to be 1,626
established by counties and municipal corporations pursuant to 1,627
division (N) of this section, and shall be used only to pay the 1,628
cost of an alcohol and drug addiction treatment program attended 1,629
by an offender or juvenile traffic offender who is ordered to 1,630
attend an alcohol and drug addiction treatment program by a 1,631
county, juvenile, or municipal court judge and who is determined 1,632
by the county, juvenile, or municipal court judge not to have the 1,633
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 1,634
that division. Moneys in the fund that are not distributed to a 1,636
county indigent drivers alcohol treatment fund, a county juvenile 1,637
indigent drivers alcohol treatment fund, or a municipal indigent 1,638
drivers alcohol treatment fund under division (N) of this section 1,639
because the director of alcohol and drug addiction services does 1,640
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 1,641
arrested may be transferred by the director of budget and 1,642
management to the drivers' treatment and intervention fund, 1,643
created in division (L)(2)(a) of this section, upon certification 1,644
of the amount by the director of alcohol and drug addiction 1,645
services.
(d) Seventy-five dollars shall be credited to the Ohio 1,647
rehabilitation services commission established by section 3304.12 1,648
of the Revised Code, to the services for rehabilitation fund, 1,649
which is hereby established. The fund shall be used to match 1,650
available federal matching funds where appropriate, and for any 1,651
other purpose or program of the commission to rehabilitate people 1,652
with disabilities to help them become employed and independent. 1,653
(e) Seventy-five dollars shall be deposited into the state 1,656
treasury and credited to the drug abuse resistance education 1,657
41
programs fund, which is hereby established, to be used by the 1,658
attorney general for the purposes specified in division (L)(4) of 1,660
this section.
(f) Thirty dollars shall be credited to the state bureau 1,662
of motor vehicles fund created by section 4501.25 of the Revised 1,663
Code.
(g) TWENTY DOLLARS SHALL BE CREDITED TO THE TRAUMA AND 1,665
EMERGENCY MEDICAL SERVICES GRANTS FUND CREATED BY SECTION 1,666
4513.263 OF THE REVISED CODE.
(3) If a person's driver's or commercial driver's license 1,668
or permit is suspended under division (E) or (F) of this section, 1,670
section 4511.196, or division (B) of section 4507.16 of the 1,671
Revised Code, or any combination of the suspensions described in 1,672
division (L)(3) of this section, and if the suspensions arise 1,673
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 1,674
required to pay to the bureau, only one reinstatement fee of four 1,675
hundred five dollars. The reinstatement fee shall be distributed 1,676
by the bureau in accordance with division (L)(2) of this section. 1,677
(4) The attorney general shall use amounts in the drug 1,679
abuse resistance education programs fund to award grants to law 1,680
enforcement agencies to establish and implement drug abuse 1,681
resistance education programs in public schools. Grants awarded 1,682
to a law enforcement agency under division (L)(2)(e) of this 1,683
section shall be used by the agency to pay for not more than 1,684
fifty per cent of the amount of the salaries of law enforcement 1,685
officers who conduct drug abuse resistance education programs in 1,686
public schools. The attorney general shall not use more than six 1,687
per cent of the amounts the attorney general's office receives 1,689
under division (L)(2)(e) of this section to pay the costs it 1,690
incurs in administering the grant program established by division 1,691
(L)(2)(e) of this section and in providing training and materials 1,692
relating to drug abuse resistance education programs. 1,693
The attorney general shall report to the governor and the 1,695
42
general assembly each fiscal year on the progress made in 1,696
establishing and implementing drug abuse resistance education 1,697
programs. These reports shall include an evaluation of the 1,698
effectiveness of these programs. 1,699
(M) Suspension of a commercial driver's license under 1,701
division (E) or (F) of this section shall be concurrent with any 1,702
period of disqualification under section 2301.374 or 4506.16 of 1,703
the Revised Code. No person who is disqualified for life from 1,704
holding a commercial driver's license under section 4506.16 of 1,705
the Revised Code shall be issued a driver's license under Chapter 1,706
4507. of the Revised Code during the period for which the 1,707
commercial driver's license was suspended under division (E) or 1,708
(F) of this section, and no person whose commercial driver's 1,709
license is suspended under division (E) or (F) of this section 1,710
shall be issued a driver's license under that chapter during the 1,711
period of the suspension. 1,712
(N)(1) Each county shall establish an indigent drivers 1,714
alcohol treatment fund, each county shall establish a juvenile 1,715
indigent drivers alcohol treatment fund, and each municipal 1,716
corporation in which there is a municipal court shall establish 1,717
an indigent drivers alcohol treatment fund. All revenue that the 1,718
general assembly appropriates to the indigent drivers alcohol 1,719
treatment fund for transfer to a county indigent drivers alcohol 1,720
treatment fund, a county juvenile indigent drivers alcohol 1,721
treatment fund, or a municipal indigent drivers alcohol treatment 1,722
fund, all portions of fees that are paid under division (L) of 1,723
this section and that are credited under that division to the 1,724
indigent drivers alcohol treatment fund in the state treasury for 1,725
a county indigent drivers alcohol treatment fund, a county 1,726
juvenile indigent drivers alcohol treatment fund, or a municipal 1,727
indigent drivers alcohol treatment fund, and all portions of 1,728
fines that are specified for deposit into a county or municipal 1,729
indigent drivers alcohol treatment fund by section 4511.193 of 1,730
the Revised Code shall be deposited into that county indigent 1,731
43
drivers alcohol treatment fund, county juvenile indigent drivers 1,732
alcohol treatment fund, or municipal indigent drivers alcohol 1,733
treatment fund in accordance with division (N)(2) of this 1,734
section. Additionally, all portions of fines that are paid for a 1,735
violation of section 4511.19 of the Revised Code or division 1,736
(B)(2) of section 4507.02 of the Revised Code, and that are 1,737
required under division (A)(1) or (2) of section 4511.99 or 1,738
division (B)(5) of section 4507.99 of the Revised Code to be 1,739
deposited into a county indigent drivers alcohol treatment fund 1,740
or municipal indigent drivers alcohol treatment fund shall be 1,741
deposited into the appropriate fund in accordance with the 1,742
applicable division. 1,743
(2) That portion of the license reinstatement fee that is 1,745
paid under division (L) of this section and that is credited 1,746
under that division to the indigent drivers alcohol treatment 1,747
fund shall be deposited into a county indigent drivers alcohol 1,748
treatment fund, a county juvenile indigent drivers alcohol 1,749
treatment fund, or a municipal indigent drivers alcohol treatment 1,750
fund as follows: 1,751
(a) If the suspension in question was imposed under this 1,753
section, that portion of the fee shall be deposited as follows: 1,754
(i) If the fee is paid by a person who was charged in a 1,756
county court with the violation that resulted in the suspension, 1,757
the portion shall be deposited into the county indigent drivers 1,758
alcohol treatment fund under the control of that court; 1,759
(ii) If the fee is paid by a person who was charged in a 1,761
juvenile court with the violation that resulted in the 1,762
suspension, the portion shall be deposited into the county 1,763
juvenile indigent drivers alcohol treatment fund established in 1,764
the county served by the court; 1,765
(iii) If the fee is paid by a person who was charged in a 1,767
municipal court with the violation that resulted in the 1,768
suspension, the portion shall be deposited into the municipal 1,769
indigent drivers alcohol treatment fund under the control of that 1,770
44
court. 1,771
(b) If the suspension in question was imposed under 1,773
division (B) of section 4507.16 of the Revised Code, that portion 1,774
of the fee shall be deposited as follows: 1,775
(i) If the fee is paid by a person whose license or permit 1,777
was suspended by a county court, the portion shall be deposited 1,778
into the county indigent drivers alcohol treatment fund under the 1,779
control of that court; 1,780
(ii) If the fee is paid by a person whose license or 1,782
permit was suspended by a municipal court, the portion shall be 1,783
deposited into the municipal indigent drivers alcohol treatment 1,784
fund under the control of that court. 1,785
(3) Expenditures from a county indigent drivers alcohol 1,787
treatment fund, a county juvenile indigent drivers alcohol 1,788
treatment fund, or a municipal indigent drivers alcohol treatment 1,789
fund shall be made only upon the order of a county, juvenile, or 1,790
municipal court judge and only for payment of the cost of the 1,791
attendance at an alcohol and drug addiction treatment program of 1,792
a person who is convicted of, or found to be a juvenile traffic 1,793
offender by reason of, a violation of division (A) of section 1,794
4511.19 of the Revised Code or a substantially similar municipal 1,795
ordinance, who is ordered by the court to attend the alcohol and 1,796
drug addiction treatment program, and who is determined by the 1,797
court to be unable to pay the cost of attendance at the treatment 1,799
program or for payment of the costs specified in division (N)(4) 1,800
of this section in accordance with that division. The alcohol 1,801
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 1,803
section 340.02 or 340.021 of the Revised Code and serving the 1,805
alcohol, drug addiction, and mental health service district in 1,806
which the court is located shall administer the indigent drivers 1,807
alcohol treatment program of the court. When a court orders an 1,808
offender or juvenile traffic offender to attend an alcohol and 1,809
drug addiction treatment program, the board shall determine which 1,810
45
program is suitable to meet the needs of the offender or juvenile 1,811
traffic offender, and when a suitable program is located and 1,812
space is available at the program, the offender or juvenile 1,813
traffic offender shall attend the program designated by the 1,814
board. A reasonable amount not to exceed five per cent of the 1,815
amounts credited to and deposited into the county indigent 1,816
drivers alcohol treatment fund, the county juvenile indigent 1,817
drivers alcohol treatment fund, or the municipal indigent drivers 1,818
alcohol treatment fund serving every court whose program is 1,819
administered by that board shall be paid to the board to cover 1,820
the costs it incurs in administering those indigent drivers 1,821
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 1,823
in consultation with the alcohol and drug addiction services 1,824
board or the board of alcohol, drug addiction, and mental health 1,825
services established pursuant to section 340.02 or 340.021 of the 1,826
Revised Code and serving the alcohol, drug addiction, and mental 1,828
health district in which the court is located, that the funds in 1,829
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 1,830
municipal indigent drivers alcohol treatment fund under the 1,831
control of the court are more than sufficient to satisfy the 1,832
purpose for which the fund was established, as specified in 1,833
divisions (N)(1) to (3) of this section, the court may declare a 1,834
surplus in the fund. If the court declares a surplus in the 1,835
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 1,836
who are charged in the court with committing a criminal offense 1,837
or with being a delinquent child or juvenile traffic offender and 1,838
in relation to whom both of the following apply: 1,839
(a) The court determines that substance abuse was a 1,841
contributing factor leading to the criminal or delinquent 1,842
activity or the juvenile traffic offense with which the person is 1,843
charged.
46
(b) The court determines that the person is unable to pay 1,846
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 1,847
Sec. 4511.81. (A) When any child who is in either or both 1,856
of the following categories is being transported in a motor 1,857
vehicle, other than a taxicab or public safety vehicle as defined 1,858
in section 4511.01 of the Revised Code, that is registered in 1,859
this state and is required by the United States department of 1,861
transportation to be equipped with seat belts at the time of 1,862
manufacture or assembly, the operator of the motor vehicle shall 1,863
have the child properly secured in accordance with the 1,864
manufacturer's instructions in a child restraint system that
meets federal motor vehicle safety standards: 1,865
(1) A child who is less than four years of age; 1,867
(2) A child who weighs less than forty pounds. 1,869
(B) When any child who is in either or both of the 1,871
following categories is being transported in a motor vehicle, 1,873
other than a taxicab, that is registered in this state and is 1,874
owned, leased, or otherwise under the control of a nursery
school, kindergarten, or day-care center, the operator of the 1,875
motor vehicle shall have the child properly secured in accordance 1,876
with the manufacturer's instructions in a child restraint system 1,877
that meets federal motor vehicle safety standards: 1,878
(1) A child who is less than four years of age; 1,880
(2) A child who weighs less than forty pounds. 1,882
(C) The director of public safety shall adopt such rules 1,884
as are necessary to carry out this section. 1,885
(D) The failure of an operator of a motor vehicle to 1,887
secure a child in a child restraint system as required by this 1,888
section is not negligence imputable to the child, is not 1,890
admissible as evidence in any civil action involving the rights 1,891
of the child against any other person allegedly liable for 1,892
injuries to the child, is not to be used as a basis for a 1,893
criminal prosecution of the operator of the motor vehicle other 1,894
47
than a prosecution for a violation of this section, and is not 1,895
admissible as evidence in any criminal action involving the 1,896
operator of the motor vehicle other than a prosecution for a 1,897
violation of this section.
(E) This section does not apply when an emergency exists 1,899
that threatens the life of any person operating a motor vehicle 1,900
and to whom this section otherwise would apply or the life of any 1,901
child who otherwise would be required to be restrained under this 1,902
section. 1,903
(F) If a person who is not a resident of this state is 1,905
charged with a violation of division (A) or (B) of this section 1,907
and does not prove to the court, by a preponderance of the 1,908
evidence, that his THE PERSON'S use or nonuse of a child
restraint system was in accordance with the law of the state of 1,910
which he THE PERSON is a resident, the court shall impose the 1,912
fine levied by division (H)(2) of section 4511.99 of the Revised 1,913
Code.
(G) There is hereby created in the state treasury the 1,915
"child highway safety fund," consisting of those portions of 1,916
every fine FINES imposed pursuant to divisions (H)(1) and (2) of 1,918
section 4511.99 of the Revised Code for violations of divisions 1,919
(A) and (B) of this section, that are required to be forwarded to 1,920
the treasurer of state for deposit in the fund. The money in the 1,921
fund shall be used by the department of health only for the 1,923
purpose of establishing TO DEFRAY THE COST OF VERIFYING PEDIATRIC 1,924
TRAUMA CENTERS UNDER SECTION 3702.161 OF THE REVISED CODE AND TO 1,925
ESTABLISH and administering ADMINISTER a child highway safety 1,926
program. The purpose of the program shall be to educate the 1,928
public about child restraint systems generally and the importance 1,929
of their proper use. The program also shall include a process
for providing child restraint systems to persons who meet the 1,930
eligibility criteria established by the department, and a 1,931
toll-free telephone number the public may utilize to obtain 1,932
information about child restraint systems and their proper use. 1,933
48
The director of health, in accordance with Chapter 119. of 1,935
the Revised Code, shall adopt any rules necessary to carry out 1,936
this section, including rules establishing the criteria a person 1,937
must meet in order to receive a child restraint system under the 1,938
department's child restraint system program; PROVIDED THAT RULES 1,939
RELATING TO THE VERIFICATION OF PEDIATRIC TRAUMA CENTERS SHALL 1,940
NOT BE ADOPTED UNDER THIS SECTION.
Sec. 4511.99. (A) Whoever violates division (A) of 1,949
section 4511.19 of the Revised Code, in addition to the license 1,950
suspension or revocation provided in section 4507.16 of the 1,951
Revised Code and any disqualification imposed under section 1,952
4506.16 of the Revised Code, shall be punished as provided in 1,953
division (A)(1), (2), (3), or (4) of this section. 1,954
(1) Except as otherwise provided in division (A)(2), (3), 1,956
or (4) of this section, the offender is guilty of a misdemeanor 1,957
of the first degree and the court shall sentence the offender to 1,958
a term of imprisonment of three consecutive days and may sentence 1,959
the offender pursuant to section 2929.21 of the Revised Code to a 1,960
longer term of imprisonment. In addition, the court shall impose 1,961
upon the offender a fine of not less than two hundred and not 1,962
more than one thousand dollars. 1,963
The court may suspend the execution of the mandatory three 1,965
consecutive days of imprisonment that it is required to impose by 1,966
this division, if the court, in lieu of the suspended term of 1,967
imprisonment, places the offender on probation and requires the 1,968
offender to attend, for three consecutive days, a drivers' 1,969
intervention program that is certified pursuant to section 1,970
3793.10 of the Revised Code. The court also may suspend the 1,971
execution of any part of the mandatory three consecutive days of 1,972
imprisonment that it is required to impose by this division, if 1,973
the court places the offender on probation for part of the three 1,974
consecutive days; requires the offender to attend, for that part 1,975
of the three consecutive days, a drivers' intervention program 1,976
that is certified pursuant to section 3793.10 of the Revised 1,977
49
Code; and sentences the offender to a term of imprisonment equal 1,978
to the remainder of the three consecutive days that the offender 1,979
does not spend attending the drivers' intervention program. The 1,980
court may require the offender, as a condition of probation, to 1,981
attend and satisfactorily complete any treatment or education 1,982
programs that comply with the minimum standards adopted pursuant 1,983
to Chapter 3793. of the Revised Code by the director of alcohol 1,984
and drug addiction services, in addition to the required 1,985
attendance at a drivers' intervention program, that the operators 1,986
of the drivers' intervention program determine that the offender 1,987
should attend and to report periodically to the court on the 1,988
offender's progress in the programs. The court also may impose 1,989
any other conditions of probation on the offender that it 1,990
considers necessary. 1,991
Of the fine imposed pursuant to this division, twenty-five 1,993
dollars shall be paid to an enforcement and education fund 1,994
established by the legislative authority of the law enforcement 1,995
agency in this state that primarily was responsible for the 1,996
arrest of the offender, as determined by the court that imposes 1,997
the fine. This share shall be used by the agency to pay only 1,998
those costs it incurs in enforcing section 4511.19 of the Revised 1,999
Code or a substantially similar municipal ordinance and in 2,000
informing the public of the laws governing the operation of a 2,001
motor vehicle while under the influence of alcohol, the dangers 2,002
of operating a motor vehicle while under the influence of 2,003
alcohol, and other information relating to the operation of a 2,004
motor vehicle and the consumption of alcoholic beverages. 2,005
Twenty-five dollars of the fine imposed pursuant to this division 2,006
shall be deposited into the county indigent drivers alcohol 2,007
treatment fund or municipal indigent drivers alcohol treatment 2,008
fund under the control of that court, as created by the county or 2,009
municipal corporation pursuant to division (N) of section 2,010
4511.191 of the Revised Code. The balance of the fine shall be 2,011
disbursed as otherwise provided by law. 2,012
50
(2)(a) Except as otherwise provided in division (A)(4) of 2,015
this section, if, within six years of the offense, the offender 2,016
has been convicted of or pleaded guilty to one violation of 2,017
division (A) or (B) of section 4511.19 of the Revised Code, a 2,018
municipal ordinance relating to operating a vehicle while under 2,019
the influence of alcohol, a drug of abuse, or alcohol and a drug 2,020
of abuse, a municipal ordinance relating to operating a vehicle 2,021
with a prohibited concentration of alcohol in the blood, breath, 2,022
or urine, section 2903.04 of the Revised Code in a case in which 2,023
the offender was subject to the sanctions described in division 2,024
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 2,026
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 2,027
the jury or judge found that the offender was under the influence 2,028
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 2,029
statute of the United States or of any other state or a municipal 2,031
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 2,032
4511.19 of the Revised Code, the offender is guilty of a 2,033
misdemeanor of the first degree and, except as provided in this 2,034
division, the court shall sentence the offender to a term of 2,035
imprisonment of ten consecutive days and may sentence the 2,036
offender pursuant to section 2929.21 of the Revised Code to a 2,037
longer term of imprisonment. As an alternative to the term of 2,038
imprisonment required to be imposed by this division, but subject 2,039
to division (A)(8) of this section, the court may impose upon the 2,040
offender a sentence consisting of both a term of imprisonment of 2,041
five consecutive days and not less than eighteen consecutive days 2,042
of electronically monitored house arrest as defined in division 2,043
(A) of section 2929.23 of the Revised Code. The five consecutive 2,044
days of imprisonment and the period of electronically monitored 2,045
house arrest shall not exceed six months. The five consecutive 2,046
days of imprisonment do not have to be served prior to or 2,047
consecutively with the period of electronically monitored house 2,048
51
arrest.
In addition, the court shall impose upon the offender a 2,050
fine of not less than three hundred and not more than one 2,051
thousand five hundred dollars. 2,052
In addition to any other sentence that it imposes upon the 2,054
offender, the court may require the offender to attend a drivers' 2,055
intervention program that is certified pursuant to section 2,056
3793.10 of the Revised Code. If the officials of the drivers' 2,057
intervention program determine that the offender is alcohol 2,058
dependent, they shall notify the court, and the court shall order 2,059
the offender to obtain treatment through an alcohol and drug 2,060
addiction program authorized by section 3793.02 of the Revised 2,061
Code. The cost of the treatment shall be paid by the offender. 2,062
Of the fine imposed pursuant to this division, thirty-five 2,064
dollars shall be paid to an enforcement and education fund 2,065
established by the legislative authority of the law enforcement 2,066
agency in this state that primarily was responsible for the 2,067
arrest of the offender, as determined by the court that imposes 2,068
the fine. This share shall be used by the agency to pay only 2,069
those costs it incurs in enforcing division (A) of section 2,070
4511.19 of the Revised Code or a substantially similar municipal 2,071
ordinance and in informing the public of the laws governing the 2,072
operation of a motor vehicle while under the influence of 2,073
alcohol, the dangers of operating a motor vehicle while under the 2,074
influence of alcohol, and other information relating to the 2,075
operation of a motor vehicle and the consumption of alcoholic 2,076
beverages. Sixty-five dollars of the fine imposed pursuant to 2,077
this division shall be paid to the political subdivision 2,078
responsible for housing the offender during the offender's term 2,080
of incarceration. This share shall be used by the political 2,081
subdivision to pay or reimburse incarceration costs it incurs in 2,082
housing persons who violate section 4511.19 of the Revised Code 2,083
or a substantially similar municipal ordinance and to pay for 2,084
ignition interlock devices and electronic house arrest equipment 2,085
52
for persons who violate that section, and shall be paid to the 2,086
credit of the fund that pays the cost of the incarceration. 2,087
Fifty dollars of the fine imposed pursuant to this division shall 2,088
be deposited into the county indigent drivers alcohol treatment 2,089
fund or municipal indigent drivers alcohol treatment fund under 2,090
the control of that court, as created by the county or municipal 2,091
corporation pursuant to division (N) of section 4511.191 of the 2,092
Revised Code. The balance of the fine shall be disbursed as 2,093
otherwise provided by law. 2,094
(b) Regardless of whether the vehicle the offender was 2,096
operating at the time of the offense is registered in the 2,097
offender's name or in the name of another person, the court, in 2,099
addition to the penalties imposed under division (A)(2)(a) of 2,100
this section and all other penalties provided by law and subject 2,101
to section 4503.235 of the Revised Code, shall order the 2,102
immobilization for ninety days of the vehicle the offender was 2,103
operating at the time of the offense and the impoundment for 2,104
ninety days of the identification license plates of that vehicle. 2,105
The order for the immobilization and impoundment shall be issued 2,106
and enforced in accordance with section 4503.233 of the Revised 2,107
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 2,110
this section, if, within six years of the offense, the offender 2,111
has been convicted of or pleaded guilty to two violations of 2,112
division (A) or (B) of section 4511.19 of the Revised Code, a 2,113
municipal ordinance relating to operating a vehicle while under 2,114
the influence of alcohol, a drug of abuse, or alcohol and a drug 2,115
of abuse, a municipal ordinance relating to operating a vehicle 2,116
with a prohibited concentration of alcohol in the blood, breath, 2,117
or urine, section 2903.04 of the Revised Code in a case in which 2,118
the offender was subject to the sanctions described in division 2,119
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 2,121
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 2,122
53
the jury or judge found that the offender was under the influence 2,123
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 2,125
statute of the United States or of any other state or a municipal 2,126
ordinance of a municipal corporation located in any other state 2,127
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 2,128
the court shall sentence the offender to a term of imprisonment 2,129
of thirty consecutive days and may sentence the offender to a 2,130
longer definite term of imprisonment of not more than one year. 2,131
As an alternative to the term of imprisonment required to be 2,132
imposed by this division, but subject to division (A)(8) of this 2,133
section, the court may impose upon the offender a sentence 2,134
consisting of both a term of imprisonment of fifteen consecutive 2,135
days and not less than fifty-five consecutive days of 2,136
electronically monitored house arrest as defined in division (A) 2,137
of section 2929.23 of the Revised Code. The fifteen consecutive 2,138
days of imprisonment and the period of electronically monitored 2,139
house arrest shall not exceed one year. The fifteen consecutive 2,140
days of imprisonment do not have to be served prior to or 2,141
consecutively with the period of electronically monitored house 2,142
arrest.
In addition, the court shall impose upon the offender a 2,144
fine of not less than five hundred and not more than two thousand 2,145
five hundred dollars. 2,146
In addition to any other sentence that it imposes upon the 2,148
offender, the court shall require the offender to attend an 2,149
alcohol and drug addiction program authorized by section 3793.02 2,150
of the Revised Code. The cost of the treatment shall be paid by 2,151
the offender. If the court determines that the offender is 2,152
unable to pay the cost of attendance at the treatment program, 2,154
the court may order that payment of the cost of the offender's 2,155
attendance at the treatment program be made from that court's 2,156
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 2,158
54
twenty-three dollars shall be paid to an enforcement and 2,159
education fund established by the legislative authority of the 2,160
law enforcement agency in this state that primarily was 2,161
responsible for the arrest of the offender, as determined by the 2,162
court that imposes the fine. This share shall be used by the 2,163
agency to pay only those costs it incurs in enforcing section 2,164
4511.19 of the Revised Code or a substantially similar municipal 2,165
ordinance and in informing the public of the laws governing the 2,166
operation of a motor vehicle while under the influence of 2,167
alcohol, the dangers of operating a motor vehicle while under the 2,168
influence of alcohol, and other information relating to the 2,169
operation of a motor vehicle and the consumption of alcoholic 2,170
beverages. Two hundred twenty-seven dollars of the fine imposed 2,171
pursuant to this division shall be paid to the political 2,172
subdivision responsible for housing the offender during the 2,173
offender's term of incarceration. This share shall be used by 2,175
the political subdivision to pay or reimburse incarceration costs 2,176
it incurs in housing persons who violate division (A) of section 2,177
4511.19 of the Revised Code or a substantially similar municipal 2,178
ordinance and to pay for ignition interlock devices and 2,179
electronic house arrest equipment for persons who violate that 2,180
section and shall be paid to the credit of the fund that pays the 2,181
cost of incarceration. The balance of the fine shall be 2,182
disbursed as otherwise provided by law. 2,183
(b) Regardless of whether the vehicle the offender was 2,185
operating at the time of the offense is registered in the 2,186
offender's name or in the name of another person, the court, in 2,188
addition to the penalties imposed under division (A)(3)(a) of 2,189
this section and all other penalties provided by law and subject 2,190
to section 4503.235 of the Revised Code, shall order the 2,191
immobilization for one hundred eighty days of the vehicle the 2,192
offender was operating at the time of the offense and the 2,193
impoundment for one hundred eighty days of the identification 2,194
license plates of that vehicle. The order for the immobilization 2,195
55
and impoundment shall be issued and enforced in accordance with 2,196
section 4503.233 of the Revised Code. 2,197
(4)(a) If, within six years of the offense, the offender 2,199
has been convicted of or pleaded guilty to three or more 2,200
violations of division (A) or (B) of section 4511.19 of the 2,201
Revised Code, a municipal ordinance relating to operating a 2,202
vehicle while under the influence of alcohol, a drug of abuse, or 2,203
alcohol and a drug of abuse, a municipal ordinance relating to 2,204
operating a vehicle with a prohibited concentration of alcohol in 2,205
the blood, breath, or urine, section 2903.04 of the Revised Code 2,206
in a case in which the offender was subject to the sanctions 2,207
described in division (D) of that section, section 2903.06, 2,208
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 2,209
that is substantially similar to section 2903.07 of the Revised 2,210
Code in a case in which the jury or judge found that the offender 2,211
was under the influence of alcohol, a drug of abuse, or alcohol 2,212
and a drug of abuse, or a statute of the United States or of any 2,214
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 2,215
division (A) or (B) of section 4511.19 of the Revised Code, or if 2,216
the offender previously has been convicted of or pleaded guilty 2,217
to a violation of division (A) of section 4511.19 of the Revised 2,218
Code under circumstances in which the violation was a felony and 2,219
regardless of when the violation and the conviction or guilty 2,220
plea occurred, the offender is guilty of a felony of the fourth 2,221
degree. The court shall sentence the offender in accordance with 2,222
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 2,223
of sixty consecutive days of imprisonment in accordance with 2,224
division (G)(1) of section 2929.13 of the Revised Code or a 2,225
mandatory prison term of sixty consecutive days of imprisonment 2,226
in accordance with division (G)(2) of that section, whichever is 2,227
applicable. If the offender is required to serve a mandatory 2,228
term of local incarceration of sixty consecutive days of 2,229
56
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 2,230
2929.17 of the Revised Code, may impose upon the offender a 2,232
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 2,233
arrest shall not commence until after the offender has served the 2,234
mandatory term of local incarceration. 2,235
In addition to all other sanctions imposed, the court shall 2,237
impose upon the offender, pursuant to section 2929.18 of the 2,238
Revised Code, a fine of not less than seven hundred fifty nor 2,239
more than ten thousand dollars. 2,240
In addition to any other sanction that it imposes upon the 2,243
offender, the court shall require the offender to attend an 2,245
alcohol and drug addiction program authorized by section 3793.02 2,246
of the Revised Code. The cost of the treatment shall be paid by 2,247
the offender. If the court determines that the offender is 2,248
unable to pay the cost of attendance at the treatment program, 2,249
the court may order that payment of the cost of the offender's 2,250
attendance at the treatment program be made from the court's 2,251
indigent drivers alcohol treatment fund. 2,252
Of the fine imposed pursuant to this division, two hundred 2,254
ten dollars shall be paid to an enforcement and education fund 2,255
established by the legislative authority of the law enforcement 2,256
agency in this state that primarily was responsible for the 2,257
arrest of the offender, as determined by the court that imposes 2,258
the fine. This share shall be used by the agency to pay only 2,259
those costs it incurs in enforcing section 4511.19 of the Revised 2,260
Code or a substantially similar municipal ordinance and in 2,261
informing the public of the laws governing operation of a motor 2,262
vehicle while under the influence of alcohol, the dangers of 2,263
operation of a motor vehicle while under the influence of 2,264
alcohol, and other information relating to the operation of a 2,265
motor vehicle and the consumption of alcoholic beverages. Three 2,266
hundred ninety dollars of the fine imposed pursuant to this 2,267
57
division shall be paid to the political subdivision responsible 2,268
for housing the offender during the offender's term of 2,269
incarceration. This share shall be used by the political 2,271
subdivision to pay or reimburse incarceration costs it incurs in 2,272
housing persons who violate division (A) of section 4511.19 of 2,273
the Revised Code or a substantially similar municipal ordinance 2,274
and to pay for ignition interlock devices and electronic house 2,275
arrest equipment for persons who violate that section, and shall 2,276
be paid to the credit of the fund that pays the cost of 2,277
incarceration. The balance of the fine shall be disbursed as 2,278
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 2,280
operating at the time of the offense is registered in the 2,281
offender's name or in the name of another person, the court, in 2,283
addition to the sanctions imposed under division (A)(4)(a) of 2,284
this section and all other sanctions provided by law and subject 2,286
to section 4503.235 of the Revised Code, shall order the criminal 2,288
forfeiture to the state of the vehicle the offender was operating 2,289
at the time of the offense. The order of criminal forfeiture 2,290
shall be issued and enforced in accordance with section 4503.234 2,291
of the Revised Code. 2,292
(c) As used in division (A)(4)(a) of this section, 2,295
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 2,297
the Revised Code.
If title to a motor vehicle that is subject to an order for 2,299
criminal forfeiture under this section is assigned or transferred 2,300
and division (C)(2) or (3) of section 4503.234 of the Revised 2,301
Code applies, in addition to or independent of any other penalty 2,302
established by law, the court may fine the offender the value of 2,303
the vehicle as determined by publications of the national auto 2,304
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 2,305
(D)(4) of section 4503.234 of the Revised Code. 2,306
58
(5)(a) Except as provided in division (A)(5)(b) of this 2,308
section, upon a showing that imprisonment would seriously affect 2,309
the ability of an offender sentenced pursuant to division (A)(1), 2,310
(2), (3), or (4) of this section to continue the offender's 2,311
employment, the court may authorize that the offender be granted 2,313
work release from imprisonment after the offender has served the 2,314
three, ten, or thirty consecutive days of imprisonment or the 2,315
mandatory term of local incarceration of sixty consecutive days 2,316
that the court is required by division (A)(1), (2), (3), or (4) 2,318
of this section to impose. No court shall authorize work release 2,319
from imprisonment during the three, ten, or thirty consecutive 2,320
days of imprisonment or the mandatory term of local incarceration 2,321
or mandatory prison term of sixty consecutive days that the court 2,323
is required by division (A)(1), (2), (3), or (4) of this section 2,324
to impose. The duration of the work release shall not exceed the 2,325
time necessary each day for the offender to commute to and from 2,326
the place of employment and the place of imprisonment and the 2,327
time actually spent under employment. 2,328
(b) An offender who is sentenced pursuant to division 2,330
(A)(2) or (3) of this section to a term of imprisonment followed 2,331
by a period of electronically monitored house arrest is not 2,332
eligible for work release from imprisonment, but that person 2,333
shall be permitted work release during the period of 2,334
electronically monitored house arrest. The duration of the work 2,335
release shall not exceed the time necessary each day for the 2,336
offender to commute to and from the place of employment and the 2,337
offender's home or other place specified by the sentencing court 2,338
and the time actually spent under employment. 2,339
(6) Notwithstanding any section of the Revised Code that 2,341
authorizes the suspension of the imposition or execution of a 2,342
sentence, the placement of an offender in any treatment program 2,344
in lieu of imprisonment, or the use of a community control 2,345
sanction for an offender convicted of a felony, no court shall 2,346
suspend the ten or thirty consecutive days of imprisonment 2,347
59
required to be imposed on an offender by division (A)(2) or (3) 2,348
of this section, no court shall place an offender who is 2,349
sentenced pursuant to division (A)(2), (3), or (4) of this 2,350
section in any treatment program in lieu of imprisonment until 2,351
after the offender has served the ten or thirty consecutive days 2,352
of imprisonment or the mandatory term of local incarceration or 2,353
mandatory prison term of sixty consecutive days required to be 2,354
imposed pursuant to division (A)(2), (3), or (4) of this section, 2,355
no court that sentences an offender under division (A)(4) of this 2,356
section shall impose any sanction other than a mandatory term of 2,357
local incarceration or mandatory prison term to apply to the 2,358
offender until after the offender has served the mandatory term 2,359
of local incarceration or mandatory prison term of sixty 2,361
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 2,363
imprisonment and a period of electronically monitored house 2,364
arrest upon an offender under division (A)(2) or (3) of this 2,365
section shall suspend any portion of the sentence or place the 2,366
offender in any treatment program in lieu of imprisonment or 2,367
electronically monitored house arrest. Notwithstanding any 2,368
section of the Revised Code that authorizes the suspension of the 2,369
imposition or execution of a sentence or the placement of an 2,370
offender in any treatment program in lieu of imprisonment, no 2,371
court, except as specifically authorized by division (A)(1) of 2,372
this section, shall suspend the three consecutive days of 2,373
imprisonment required to be imposed by division (A)(1) of this 2,374
section or place an offender who is sentenced pursuant to 2,375
division (A)(1) of this section in any treatment program in lieu 2,376
of imprisonment until after the offender has served the three 2,377
consecutive days of imprisonment required to be imposed pursuant 2,378
to division (A)(1) of this section. 2,379
(7) No court shall sentence an offender to an alcohol 2,381
treatment program pursuant to division (A)(1), (2), (3), or (4) 2,382
of this section unless the treatment program complies with the 2,383
60
minimum standards adopted pursuant to Chapter 3793. of the 2,384
Revised Code by the director of alcohol and drug addiction 2,385
services. 2,386
(8) No court shall impose the alternative sentence of a 2,388
term of imprisonment of five consecutive days plus not less than 2,389
eighteen consecutive days of electronically monitored house 2,390
arrest permitted to be imposed by division (A)(2) of this 2,391
section, or the alternative sentence of a term of imprisonment of 2,392
fifteen consecutive days plus not less than fifty-five 2,393
consecutive days of electronically monitored house arrest 2,394
permitted to be imposed pursuant to division (A)(3) of this 2,395
section, unless within sixty days of the date of sentencing, the 2,396
court issues a written finding, entered into the record, that due 2,397
to the unavailability of space at the incarceration facility 2,398
where the offender is required to serve the term of imprisonment 2,399
imposed upon the offender, the offender will not be able to 2,400
commence serving the term of imprisonment within the sixty-day 2,402
period following the date of sentencing. If the court issues 2,403
such a finding, the court may impose the alternative sentence 2,404
comprised of a term of imprisonment and a term of electronically 2,405
monitored house arrest permitted to be imposed by division (A)(2) 2,406
or (3) of this section. 2,407
(B) Whoever violates section 4511.192, 4511.251, or 2,409
4511.85 of the Revised Code is guilty of a misdemeanor of the 2,410
first degree. The court, in addition to or independent of all 2,411
other penalties provided by law, may suspend for a period not to 2,412
exceed one year the driver's or commercial driver's license or 2,413
permit or nonresident operating privilege of any person who 2,414
pleads guilty to or is convicted of a violation of section 2,415
4511.192 of the Revised Code. 2,416
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 2,418
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 2,419
guilty of one of the following: 2,420
(1) Except as otherwise provided in division (C)(2) of 2,422
61
this section, a minor misdemeanor. 2,423
(2) If the offender previously has been convicted of or 2,426
pleaded guilty to one or more violations of section 4511.63, 2,427
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 2,428
Revised Code or a municipal ordinance that is substantially 2,429
similar to any of those sections, a misdemeanor of the fourth 2,432
degree.
(D)(1) Whoever violates any provision of sections 4511.01 2,434
to 4511.76 or section 4511.84 of the Revised Code, for which no 2,435
penalty otherwise is provided in this section is guilty of one of 2,436
the following: 2,437
(a) Except as otherwise provided in division (D)(1)(b), 2,440
(1)(c), (2), or (3) of this section, a minor misdemeanor; 2,441
(b) If, within one year of the offense, the offender 2,443
previously has been convicted of or pleaded guilty to one 2,445
violation of any provision of sections 4511.01 to 4511.76 or 2,447
section 4511.84 of the Revised Code for which no penalty 2,448
otherwise is provided in this section or a municipal ordinance 2,450
that is substantially similar to any provision of sections 2,451
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 2,452
which no penalty otherwise is provided in this section, a 2,453
misdemeanor of the fourth degree; 2,455
(c) If, within one year of the offense, the offender 2,457
previously has been convicted of or pleaded guilty to two or more 2,458
violations of any provision described in division (D)(1)(b) of 2,460
this section or any municipal ordinance that is substantially 2,461
similar to any of those provisions, a misdemeanor of the third 2,462
degree. 2,463
(2) When any person is found guilty of a first offense for 2,465
a violation of section 4511.21 of the Revised Code upon a finding 2,466
that the person operated a motor vehicle faster than thirty-five 2,468
miles an hour in a business district of a municipal corporation, 2,469
or faster than fifty miles an hour in other portions, or faster 2,470
than thirty-five miles an hour while passing through a school 2,471
62
zone during recess or while children are going to or leaving 2,472
school during the opening or closing hours, the person is guilty 2,473
of a misdemeanor of the fourth degree. 2,474
(3) Notwithstanding section 2929.21 of the Revised Code, 2,476
upon a finding that such person operated a motor vehicle in a 2,477
construction zone where a sign was then posted in accordance with 2,478
section 4511.98 of the Revised Code, the court, in addition to 2,479
all other penalties provided by law, shall impose a fine of two 2,480
times the usual amount imposed for the violation. No court shall 2,481
impose a fine of two times the usual amount imposed for the 2,482
violation upon an offender who alleges, in an affidavit filed 2,483
with the court prior to the offender's sentencing, that the 2,484
offender is indigent and is unable to pay the fine imposed 2,485
pursuant to this division, provided the court determines the 2,486
offender is an indigent person and is unable to pay the fine. 2,487
(E) Whenever a person is found guilty in a court of record 2,489
of a violation of section 4511.761, 4511.762, or 4511.77 of the 2,490
Revised Code, the trial judge, in addition to or independent of 2,491
all other penalties provided by law, may suspend for any period 2,492
of time not exceeding three years, or revoke the license of any 2,493
person, partnership, association, or corporation, issued under 2,494
section 4511.763 of the Revised Code. 2,495
(F) Whoever violates division (E) or (F) of section 2,497
4511.51, division (A), (D), or (E) of section 4511.521, section 2,498
4511.681, division (A), (C), or (F) of section 4511.69, section 2,499
4511.772, or division (A) or (B) of section 4511.82 of the 2,500
Revised Code is guilty of a minor misdemeanor. 2,501
(G) Whoever violates division (A) of section 4511.75 of 2,503
the Revised Code may be fined an amount not to exceed five 2,504
hundred dollars. A person who is issued a citation for a 2,505
violation of division (A) of section 4511.75 of the Revised Code 2,506
is not permitted to enter a written plea of guilty and waive the 2,507
person's right to contest the citation in a trial, but instead 2,508
must appear in person in the proper court to answer the charge. 2,509
63
(H)(1) Whoever is a resident of this state and violates 2,511
division (A) or (B) of section 4511.81 of the Revised Code shall 2,512
be punished as follows: 2,513
(a) Except as otherwise provided in division (H)(1)(b) of 2,515
this section, the offender is guilty of a minor misdemeanor. 2,517
(b) If the offender previously has been convicted of or 2,519
pleaded guilty to a violation of division (A) or (B) of section 2,520
4511.81 of the Revised Code or of a municipal ordinance that is 2,522
substantially similar to either of those divisions, the offender 2,523
is guilty of a misdemeanor of the fourth degree. 2,524
(2) Whoever is not a resident of this state, violates 2,526
division (A) or (B) of section 4511.81 of the Revised Code, and 2,527
fails to prove by a preponderance of the evidence that the 2,528
offender's use or nonuse of a child restraint system was in 2,529
accordance with the law of the state of which the offender is a 2,531
resident is guilty of a minor misdemeanor on a first offense; on 2,533
a second or subsequent offense, that person is guilty of a 2,534
misdemeanor of the fourth degree. 2,535
(3) Sixty-five per cent of every fine ALL FINES imposed 2,537
pursuant to division (H)(1) or (2) of this section shall be 2,539
forwarded to the treasurer of state for deposit in the "child 2,540
highway safety fund" created by division (G) of section 4511.81 2,541
of the Revised Code. The balance of the fine shall be disbursed 2,542
as otherwise provided by law. 2,543
(I) Whoever violates section 4511.202 of the Revised Code 2,545
is guilty of operating a motor vehicle without being in control 2,546
of it, a minor misdemeanor. 2,547
(J) Whoever violates division (B) of section 4511.74, 2,549
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 2,550
section 4511.83 of the Revised Code is guilty of a misdemeanor of 2,551
the first degree. 2,552
(K) Except as otherwise provided in this division, whoever 2,554
violates division (E) of section 4511.11, division (A) or (C) of 2,555
section 4511.17, or section 4511.18 of the Revised Code is guilty 2,556
64
of a misdemeanor of the third degree. If a violation of division 2,557
(A) or (C) of section 4511.17 of the Revised Code creates a risk 2,558
of physical harm to any person, the offender is guilty of a 2,559
misdemeanor of the first degree. A violation of division (A) or 2,560
(C) of section 4511.17 of the Revised Code that causes serious 2,561
physical harm to property that is owned, leased, or controlled by 2,562
a state or local authority is a felony of the fifth degree. 2,564
(L) Whoever violates division (H) of section 4511.69 of 2,566
the Revised Code shall be punished as follows: 2,567
(1) Except as otherwise provided in division (L)(2) of 2,570
this section, the offender shall be issued a warning. 2,571
(2) If the offender previously has been convicted of or 2,573
pleaded guilty to a violation of division (H) of section 4511.69 2,574
of the Revised Code or of a municipal ordinance that is 2,575
substantially similar to that division, the offender shall not be 2,576
issued a warning but shall be fined twenty-five dollars for each 2,577
parking location that is not properly marked or whose markings 2,579
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 2,581
4511.45 of the Revised Code is guilty of a misdemeanor of the 2,582
fourth degree on a first offense; on a second offense within one 2,583
year after the first offense, the person is guilty of a 2,584
misdemeanor of the third degree; and on each subsequent offense 2,585
within one year after the first offense, the person is guilty of 2,586
a misdemeanor of the second degree. 2,587
(N)(1) Whoever violates division (B) of section 4511.19 of 2,590
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 2,591
(a) Except as otherwise provided in division (N)(1)(b) of 2,594
this section, the offender is guilty of a misdemeanor of the 2,596
fourth degree.
(b) If, within one year of the offense, the offender has 2,598
been convicted of or pleaded guilty to any violation of division 2,599
(A) or (B) of section 4511.19 of the Revised Code, a municipal 2,600
65
ordinance relating to operating a vehicle while under the 2,601
influence of alcohol, a drug of abuse, or alcohol and a drug of 2,602
abuse, a municipal ordinance relating to operating a vehicle with 2,603
a prohibited concentration of alcohol in the blood, breath, or 2,604
urine, section 2903.04 of the Revised Code in a case in which the 2,605
offender was subject to the sanctions described in division (D) 2,606
of that section, section 2903.06, 2903.07, or 2903.08 of the 2,607
Revised Code or a municipal ordinance that is substantially 2,608
similar to section 2903.07 of the Revised Code in a case in which 2,609
the jury or judge found that the offender was under the influence 2,610
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 2,611
statute of the United States or of any other state or a municipal 2,613
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 2,614
4511.19 of the Revised Code, the offender is guilty of a 2,615
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 2,617
provided by law, the offender's driver's or commercial driver's 2,618
license or permit or nonresident operating privilege shall be 2,619
suspended in accordance with, and for the period of time 2,620
specified in, division (E) of section 4507.16 of the Revised 2,621
Code. 2,622
(O) Whoever violates section 4511.62 of the Revised Code 2,625
is guilty of a misdemeanor of the fourth degree.
Sec. 4513.263. (A) As used in this section and in section 2,634
4513.99 of the Revised Code: 2,635
(1) "Automobile" means any commercial tractor, passenger 2,637
car, commercial car, or truck that is required to be 2,638
factory-equipped with an occupant restraining device for the 2,639
operator or any passenger by regulations adopted by the United 2,640
States secretary of transportation pursuant to the "National 2,641
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15 2,642
U.S.C.A. 1392. 2,643
(2) "Occupant restraining device" means a seat safety 2,645
66
belt, shoulder belt, harness, or other safety device for 2,646
restraining a person who is an operator of or passenger in an 2,647
automobile and that satisfies the minimum federal vehicle safety 2,648
standards established by the United States department of 2,649
transportation. 2,650
(3) "Passenger" means any person in an automobile, other 2,652
than its operator, who is occupying a seating position for which 2,653
an occupant restraining device is provided. 2,654
(4) "Commercial tractor," "passenger car," and "commercial 2,656
car" have the same meanings as in section 4501.01 of the Revised 2,657
Code. 2,658
(5) "Vehicle" and "motor vehicle," as used in the 2,660
definitions of the terms set forth in division (A)(4) of this 2,661
section, have the same meanings as in section 4511.01 of the 2,662
Revised Code. 2,663
(6) "Manufacturer" and "supplier" have the same meanings 2,665
as in section 2307.71 of the Revised Code. 2,666
(7) "Tort action" means a civil action for damages for 2,668
injury, death, or loss to person or property. "Tort action" 2,669
includes a product liability claim but does not include a civil 2,670
action for damages for a breach of contract or another agreement 2,671
between persons.
(B) No person shall do any of the following: 2,673
(1) Operate an automobile on any street or highway unless 2,675
that person is wearing all of the available elements of a 2,676
properly adjusted occupant restraining device, or operate a 2,677
school bus that has an occupant restraining device installed for 2,678
use in its operator's seat unless that person is wearing all of 2,679
the available elements of the device, as properly adjusted; 2,680
(2) Operate an automobile on any street or highway unless 2,682
each passenger in the automobile who is subject to the 2,683
requirement set forth in division (B)(3) of this section is 2,684
wearing all of the available elements of a properly adjusted 2,685
occupant restraining device; 2,686
67
(3) Occupy, as a passenger, a seating position on the 2,688
front seat of an automobile being operated on any street or 2,689
highway unless that person is wearing all of the available 2,690
elements of a properly adjusted occupant restraining device; 2,691
(4) Operate a taxicab on any street or highway unless all 2,693
factory-equipped occupant restraining devices in the taxicab are 2,694
maintained in usable form. 2,695
(C) Division (B)(3) of this section does not apply to a 2,697
person who is required by section 4511.81 of the Revised Code to 2,698
be secured in a child restraint device. Division (B)(1) of this 2,699
section does not apply to a person who is an employee of the 2,700
United States postal service or of a newspaper home delivery 2,701
service, during any period in which the person is engaged in the 2,702
operation of an automobile to deliver mail or newspapers to 2,703
addressees. Divisions (B)(1) and (3) of this section do not 2,704
apply to a person who has an affidavit signed by a physician 2,705
licensed to practice in this state under Chapter 4731. of the 2,706
Revised Code or a chiropractor licensed to practice in this state 2,707
under Chapter 4734. of the Revised Code that states that the 2,708
person has a physical impairment that makes use of an occupant 2,709
restraining device impossible or impractical. 2,710
(D) Notwithstanding any provision of law to the contrary, 2,712
no law enforcement officer shall cause an operator of an 2,713
automobile being operated on any street or highway to stop the 2,714
automobile for the sole purpose of determining whether a 2,715
violation of division (B) of this section has been or is being 2,716
committed or for the sole purpose of issuing a ticket, citation, 2,717
or summons for a violation of that nature or causing the arrest 2,719
of or commencing a prosecution of a person for a violation of 2,720
that nature, and no law enforcement officer shall view the 2,722
interior or visually inspect any automobile being operated on any 2,723
street or highway for the sole purpose of determining whether a 2,724
violation of that nature has been or is being committed. 2,726
(E) All fines collected for violations of division (B) of 2,728
68
this section, or for violations of any ordinance or resolution of 2,729
a political subdivision that is substantively comparable to that 2,730
division, shall be forwarded to the treasurer of state for 2,731
deposit as follows: 2,732
(1) Ten EIGHT per cent shall be deposited into the seat 2,734
belt education fund, which is hereby created in the state 2,735
treasury, and shall be used by the department of public safety to 2,736
establish a seat belt education program. 2,737
(2) Ten EIGHT per cent shall be deposited into the 2,739
elementary school program fund, which is hereby created in the 2,740
state treasury, and shall be used by the department of public 2,742
safety to establish and administer elementary school programs 2,743
that encourage seat safety belt use. 2,744
(3) Until July 1, 1999, one per cent, and on and after 2,746
July 1, 1999, two TWO per cent shall be deposited into the Ohio 2,748
ambulance licensing trust fund created by section 4766.05 of the 2,749
Revised Code. 2,750
(4) Twenty-eight per cent shall be deposited into the 2,752
TRAUMA AND emergency medical services fund, which is hereby 2,753
created in the state treasury, and shall be used by the 2,755
department of public safety for the administration of the 2,756
division of emergency medical services and THE state board of 2,757
emergency medical services.
(5) Until July 1, 1999, fifty-one per cent, and on and 2,760
after July 1, 1999, fifty FIFTY-FOUR per cent shall be deposited 2,761
into the TRAUMA AND emergency medical services grants fund, which 2,763
is hereby created in the state treasury, and shall be used by the 2,764
state board of emergency medical services to make grants, in 2,765
accordance with section 4765.07 of the Revised Code and the rules 2,766
that the board adopts under section 4765.11 of the Revised Code, 2,768
to emergency medical service organizations for the training of 2,769
their personnel, for the purchase of equipment, and to improve 2,770
the availability, accessibility, and quality of emergency medical 2,771
services in this state. 2,772
69
(F) The failure of a person to wear all of the available 2,774
elements of a properly adjusted occupant restraining device in 2,775
violation of division (B)(1) or (3) of this section or the 2,776
failure of a person to ensure that each minor who is a passenger 2,777
of an automobile being operated by that person is wearing all of 2,778
the available elements of a properly adjusted occupant 2,779
restraining device in violation of division (B)(2) of this
section shall be considered by the trier of fact in a tort action 2,781
as contributory negligence or other tortious conduct or 2,782
considered for any other relevant purpose if the failure 2,783
contributed to the harm alleged in the tort action and may 2,784
diminish pursuant to section 2315.19 or 2315.20 of the Revised 2,785
Code a recovery of compensatory damages in a tort action; shall 2,786
not be used as a basis for a criminal prosecution of the person 2,787
other than a prosecution for a violation of this section; and 2,788
shall not be admissible as evidence in a criminal action 2,789
involving the person other than a prosecution for a violation of 2,790
this section. 2,791
Sec. 4513.99. (A) Whoever violates division (C), (D), 2,800
(E), or (F) of section 4513.241, section 4513.261, 4513.262, or 2,801
4513.36, or division (B)(3) of section 4513.60 of the Revised 2,802
Code is guilty of a minor misdemeanor. 2,803
(B) Whoever violates section 4513.02 or 4513.021, or 2,805
division (B)(4) of section 4513.263, or division (F) of section 2,806
4513.60 of the Revised Code is guilty of a minor misdemeanor on a 2,807
first offense; on a second or subsequent offense such person is 2,808
guilty of a misdemeanor of the third degree. 2,809
(C) Whoever violates sections 4513.03 to 4513.262 or 2,811
4513.27 to 4513.37 of the Revised Code, for which violation no 2,812
penalty is otherwise provided, is guilty of a minor misdemeanor 2,813
on a first offense; on a second offense within one year after the 2,814
first offense, such person is guilty of a misdemeanor of the 2,815
fourth degree; on each subsequent offense within one year after 2,816
the first offense, such person is guilty of a misdemeanor of the 2,817
70
third degree. 2,818
(D) Whoever violates section 4513.64 of the Revised Code 2,820
is guilty of a minor misdemeanor, and shall also be assessed any 2,821
costs incurred by the county, township, or municipal corporation 2,822
in disposing of such abandoned junk motor vehicle, less any money 2,823
accruing to the county, to the township, or to the municipal 2,824
corporation from such disposal. 2,825
(E) Whoever violates section 4513.65 of the Revised Code 2,827
is guilty of a minor misdemeanor on a first offense; on a second 2,828
offense, such person is guilty of a misdemeanor of the fourth 2,829
degree; on each subsequent offense, such person is guilty of a 2,830
misdemeanor of the third degree. 2,831
(F) Whoever violates division (B)(1) of section 4513.263 2,833
of the Revised Code shall be fined twenty-five THIRTY dollars. 2,834
(G) Whoever violates division (B)(3) of section 4513.263 2,836
of the Revised Code shall be fined fifteen TWENTY dollars. 2,837
(H) Whoever violates section 4513.361 of the Revised Code 2,839
is guilty of a misdemeanor of the first degree. 2,840
Sec. 4765.01. As used in this chapter: 2,849
(A) "First responder" means an individual who holds a 2,851
current, valid certificate issued under section 4765.30 of the 2,852
Revised Code to practice as a first responder. 2,853
(B) "Emergency medical technician-basic" or "EMT-basic" 2,856
means an individual who holds a current, valid certificate issued 2,857
under section 4765.30 of the Revised Code to practice as an 2,858
emergency medical technician-basic. 2,859
(C) "Emergency medical technician-intermediate" or "EMT-I" 2,862
means an individual who holds a current, valid certificate issued 2,864
under section 4765.30 of the Revised Code to practice as an 2,865
emergency medical technician-intermediate.
(D) "Emergency medical technician-paramedic" or 2,867
"paramedic" means an individual who holds a current, valid 2,868
certificate issued under section 4765.30 of the Revised Code to 2,869
practice as an emergency medical technician-paramedic. 2,870
71
(E) "Ambulance" means any motor vehicle that is used, or 2,872
is intended to be used, for the purpose of responding to 2,873
emergency medical situations, transporting emergency patients, 2,874
and administering emergency medical service to patients before, 2,875
during, or after transportation. 2,876
(F) "Cardiac monitoring" means a procedure used for the 2,878
purpose of observing and documenting the rate and rhythm of a 2,879
patient's heart by attaching electrical leads from an 2,880
electrocardiograph monitor to certain points on the patient's 2,881
body surface. 2,882
(G) "Emergency medical service" means any of the services 2,884
described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of 2,885
the Revised Code that are performed by first responders, 2,886
emergency medical technicians-basic, emergency medical 2,888
technicians-intermediate, and paramedics. "Emergency medical 2,889
service" includes such services performed before or during any
transport of a patient, including transports between hospitals 2,890
and transports to and from helicopters. 2,891
(H) "Emergency medical service organization" means a 2,893
public or private organization using first responders, 2,895
EMTs-basic, EMTs-I, or paramedics, or a combination of first 2,896
responders, EMTs-basic, EMTs-I, and paramedics, to provide 2,897
emergency medical services.
(I) "Physician" means an individual who holds a current, 2,899
valid certificate issued under Chapter 4731. of the Revised Code 2,900
authorizing the practice of medicine and surgery or osteopathic 2,901
medicine and surgery. 2,902
(J) "Registered nurse" means an individual who holds a 2,904
current, valid license issued under Chapter 4723. of the Revised 2,905
Code authorizing the practice of nursing as a registered nurse. 2,906
(K) "Volunteer" means a person who provides emergency 2,908
medical services either for no compensation or for compensation 2,909
that does not exceed the actual expenses of service and training 2,910
for INCURRED IN providing such THE services part time OR IN 2,912
72
TRAINING TO PROVIDE THE SERVICES.
(L) "EMERGENCY MEDICAL SERVICE PERSONNEL" MEANS FIRST 2,915
RESPONDERS, EMERGENCY MEDICAL SERVICE TECHNICIANS-BASIC,
EMERGENCY MEDICAL SERVICE TECHNICIANS-INTERMEDIATE, EMERGENCY 2,917
MEDICAL SERVICE TECHNICIANS-PARAMEDIC, AND PERSONS WHO PROVIDE
MEDICAL DIRECTION TO SUCH PERSONS. 2,918
(M) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01 2,921
OF THE REVISED CODE.
(N) "TRAUMA" OR "TRAUMATIC INJURY" MEANS SEVERE DAMAGE TO 2,923
OR DESTRUCTION OF TISSUE THAT SATISFIES BOTH OF THE FOLLOWING 2,924
CONDITIONS:
(1) IT CREATES A SIGNIFICANT RISK OF ANY OF THE FOLLOWING: 2,926
(a) LOSS OF LIFE; 2,928
(b) LOSS OF A LIMB; 2,930
(c) SIGNIFICANT, PERMANENT DISFIGUREMENT; 2,932
(d) SIGNIFICANT, PERMANENT DISABILITY. 2,934
(2) IT IS CAUSED BY ANY OF THE FOLLOWING: 2,936
(a) BLUNT OR PENETRATING INJURY; 2,938
(b) EXPOSURE TO ELECTROMAGNETIC, CHEMICAL, OR RADIOACTIVE 2,941
ENERGY;
(c) DROWNING, SUFFOCATION, OR STRANGULATION; 2,943
(d) A DEFICIT OR EXCESS OF HEAT. 2,945
(O) "TRAUMA VICTIM" OR "TRAUMA PATIENT" MEANS A PERSON WHO 2,947
HAS SUSTAINED A TRAUMATIC INJURY. 2,948
(P) "TRAUMA CARE" MEANS THE ASSESSMENT, DIAGNOSIS, 2,950
TRANSPORTATION, TREATMENT, OR REHABILITATION OF A TRAUMA VICTIM 2,951
BY EMERGENCY MEDICAL SERVICE PERSONNEL OR BY A PHYSICIAN, NURSE, 2,953
PHYSICIAN ASSISTANT, RESPIRATORY THERAPIST, PHYSICAL THERAPIST, 2,954
CHIROPRACTOR, OCCUPATIONAL THERAPIST, SPEECH-LANGUAGE 2,955
PATHOLOGIST, AUDIOLOGIST, OR PSYCHOLOGIST LICENSED TO PRACTICE AS 2,956
SUCH IN THIS STATE OR ANOTHER JURISDICTION. 2,957
(Q) "TRAUMA CENTER" MEANS ANY HOSPITAL THAT IS VERIFIED BY 2,960
THE AMERICAN COLLEGE OF SURGEONS AS AN ADULT OR PEDIATRIC TRAUMA 2,961
CENTER, ANY HOSPITAL IN THIS STATE THAT IS DESIGNATED BY THE 2,962
73
DIRECTOR OF HEALTH AS A PEDIATRIC TRAUMA CENTER UNDER SECTION 2,963
3727.081 OF THE REVISED CODE, AND ANY HOSPITAL IN ANOTHER STATE 2,964
THAT IS LICENSED OR DESIGNATED UNDER THE LAWS OF THAT STATE AS 2,965
CAPABLE OF PROVIDING SPECIALIZED TRAUMA CARE APPROPRIATE TO THE
MEDICAL NEEDS OF THE TRAUMA PATIENT. 2,966
(R) "PEDIATRIC" MEANS INVOLVING A PATIENT WHO IS LESS THAN 2,968
SIXTEEN YEARS OF AGE. 2,969
(S) "ADULT" MEANS INVOLVING A PATIENT WHO IS NOT A 2,971
PEDIATRIC PATIENT. 2,972
(T) "GERIATRIC" MEANS INVOLVING A PATIENT WHO IS AT LEAST 2,974
SEVENTY YEARS OLD OR EXHIBITS SIGNIFICANT ANATOMICAL OR 2,975
PHYSIOLOGICAL CHARACTERISTICS ASSOCIATED WITH ADVANCED AGING. 2,976
(U) "AIR MEDICAL ORGANIZATION" MEANS AN ORGANIZATION THAT 2,978
PROVIDES EMERGENCY MEDICAL SERVICES, OR TRANSPORTS EMERGENCY 2,979
VICTIMS, BY MEANS OF FIXED OR ROTARY WING AIRCRAFT. 2,980
(V) "EMERGENCY CARE" AND "EMERGENCY FACILITY" HAVE THE SAME 2,982
MEANINGS AS IN SECTION 3727.01 OF THE REVISED CODE. 2,983
Sec. 4765.02. There is hereby created the state board of 2,992
emergency medical services within the division of emergency 2,994
medical services of the department of public safety. The board
shall consist of eighteen THE members SPECIFIED IN THIS SECTION 2,996
who are residents of this state. The governor, with the advice 2,997
and consent of the senate, shall appoint seventeen ALL members of 2,998
the board, EXCEPT THE EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY 2,999
DESIGNATED BY THE DIRECTOR OF PUBLIC SAFETY UNDER THIS SECTION TO 3,000
BE A MEMBER OF THE BOARD. In making the appointments, the 3,002
governor shall appoint only members with background or experience 3,003
in emergency medical services or trauma care and shall attempt to 3,004
include members representing urban and rural areas and the, 3,005
various geographical regions of the state, AND VARIOUS SCHOOLS OF 3,007
TRAINING.
One member of the board shall be a physician certified by 3,009
the American board of emergency medicine or the American 3,010
osteopathic board of emergency medicine who is in the active IN 3,012
74
THE practice of emergency medicine and is actively involved with
an emergency medical service organization. The governor shall 3,013
appoint this member from among three persons nominated by the 3,014
Ohio chapter of the American college of emergency physicians. 3,015
One member shall be a physician certified by the American board 3,016
of surgery or the American osteopathic board of surgery who is 3,017
active in the practice of TRAUMA surgery and is actively involved 3,018
with emergency medical services. The governor shall appoint this 3,019
member from among three persons nominated by the Ohio chapter of 3,020
the American college of surgeons AND THREE PERSONS NOMINATED BY 3,021
THE OHIO OSTEOPATHIC ASSOCIATION. One member shall be a 3,022
physician certified by the American academy of pediatricians 3,023
PEDIATRICS OR AMERICAN OSTEOPATHIC BOARD OF PEDIATRICS who is 3,025
active in the practice of pediatric emergency medicine and
actively involved with an emergency medical service organization. 3,027
The governor shall appoint this member from among three persons 3,028
nominated by the Ohio chapter of the American academy of
pediatricians PEDIATRICS. One member shall be the administrator 3,029
of a hospital with THAT OPERATES an active emergency room 3,031
FACILITY. The governor shall appoint this member from among 3,034
three persons nominated by the Ohio hospital association AND 3,035
THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION OF CHILDREN'S 3,036
HOSPITALS. ONE MEMBER SHALL BE THE ADMINISTRATOR OF A HOSPITAL 3,037
THAT IS NOT A TRAUMA CENTER. THE GOVERNOR SHALL APPOINT THIS
MEMBER FROM AMONG THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION 3,038
OF HOSPITALS AND HEALTH SYSTEMS OR OTHER STATEWIDE ORGANIZATIONS 3,039
REPRESENTING COMMUNITY HOSPITALS. One member shall be a 3,040
registered nurse who is in the active practice of emergency 3,041
nursing. The governor shall appoint this member from among three 3,042
persons nominated by the Ohio nurses association and three 3,043
persons nominated by the Ohio state council of the emergency 3,044
nurses association. One member shall be the chief of a fire 3,045
department that is also an emergency medical service organization 3,046
in which more than fifty per cent of the persons who provide 3,047
75
emergency medical services are full-time paid employees. The 3,048
governor shall appoint this member from among three persons 3,049
nominated by the Ohio fire chiefs' association. One member shall 3,050
be the chief of a fire department that is also an emergency 3,051
medical service organization in which more than fifty per cent of 3,052
the persons who provide emergency medical services are 3,053
volunteers. The governor shall appoint this member from among 3,054
three persons nominated by the Ohio fire chief's CHIEFS' 3,055
association. One member shall be a person who is certified to 3,057
teach under section 4765.23 of the Revised Code or, if the board 3,058
has not yet certified persons to teach under that section, a 3,059
person who is qualified to be certified to teach under that 3,060
section. The governor shall appoint this member from among three 3,061
persons nominated by the Ohio emergency medical technician 3,062
instructors association and the Ohio instructor/coordinators' 3,063
society. One member shall be an EMT-basic, one shall be an 3,064
EMT-I, and one shall be a paramedic. The governor shall appoint 3,066
these members from among three EMTs-basic, three EMTs-I, and 3,067
three paramedics nominated by the Ohio association of
professional fire fighters and three EMTs-basic, three EMTs-I, 3,069
and three paramedics nominated by the northern Ohio fire 3,070
fighters. One member shall be an EMT-basic, one shall be an 3,071
EMT-I, and one shall be a paramedic whom the governor shall 3,072
appoint from among three EMTs-basic, three EMTs-I, and three 3,074
paramedics nominated by the Ohio state firefighter's association. 3,075
One member shall be a person whom the governor shall appoint from 3,076
among an EMT-basic, an EMT-I, and a paramedic nominated by the 3,077
Ohio association of emergency medical services. The governor 3,078
shall appoint one member who is an EMT-basic, EMT-I, or paramedic 3,080
affiliated with an emergency medical services organization. One 3,081
member shall be a member of the Ohio ambulance association whom 3,082
the governor shall appoint from among three persons nominated by 3,083
the Ohio ambulance association. ONE MEMBER SHALL BE A PHYSICIAN 3,084
CERTIFIED BY THE AMERICAN BOARD OF SURGERY, AMERICAN BOARD OF 3,085
76
OSTEOPATHIC SURGERY, AMERICAN OSTEOPATHIC BOARD OF EMERGENCY 3,086
MEDICINE, OR AMERICAN COLLEGE OF EMERGENCY PHYSICIANS WHO IS THE 3,087
CHIEF MEDICAL OFFICER OF AN AIR MEDICAL AGENCY AND IS CURRENTLY 3,089
ACTIVE IN PROVIDING EMERGENCY MEDICAL SERVICES. THE GOVERNOR
SHALL APPOINT THIS MEMBER FROM AMONG THREE PERSONS NOMINATED BY 3,090
THE OHIO ASSOCIATION OF AIR MEDICAL SERVICES. 3,091
The director of public safety shall designate an employee 3,093
of the department of public safety to serve as a member of the 3,094
board at the director's pleasure. This member shall serve as a 3,095
liaison between the department and the division of emergency 3,096
medical services in cooperation with the executive director of 3,097
the board. 3,098
The governor may refuse to appoint any of the persons 3,100
nominated by one or more organizations under this section, EXCEPT 3,101
THE EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY DESIGNATED BY THE 3,103
DIRECTOR OF PUBLIC SAFETY UNDER THIS SECTION TO BE A MEMBER OF 3,104
THE BOARD. However, if the governor refuses to appoint any of 3,105
the persons nominated by one or more organizations under this 3,106
section, IN THAT EVENT, the organization or organizations shall 3,108
continue to nominate the required number of persons to the 3,109
governor until the governor does appoint APPOINTS to the board 3,110
one or more of the persons nominated by the organization or 3,112
organizations.
THE DIRECTOR OF PUBLIC SAFETY SHALL DESIGNATE AN EMPLOYEE 3,114
OF THE DEPARTMENT OF PUBLIC SAFETY TO SERVE AS A MEMBER OF THE 3,115
BOARD AT THE DIRECTOR'S PLEASURE. THIS MEMBER SHALL SERVE AS A 3,116
LIAISON BETWEEN THE DEPARTMENT AND THE DIVISION OF EMERGENCY 3,117
MEDICAL SERVICES IN COOPERATION WITH THE EXECUTIVE DIRECTOR OF 3,118
THE BOARD.
Initial appointments to the board by the governor and the 3,120
director of public safety shall be made within ninety days after 3,121
the effective date of this amendment NOVEMBER 12, 1992. Of the 3,123
initial appointments by the governor, five shall be for terms 3,124
ending one year after the effective date of this amendment 3,126
77
NOVEMBER 12, 1992, six shall be for terms ending two years after 3,127
the effective date of this amendment NOVEMBER 12, 1992, and six 3,128
shall be for terms ending three years after the effective date of 3,130
this amendment NOVEMBER 12, 1992. WITHIN NINETY DAYS AFTER THE 3,131
EFFECTIVE DATE OF THIS AMENDMENT, THE GOVERNOR SHALL APPOINT THE 3,132
MEMBER OF THE BOARD WHO IS THE CHIEF MEDICAL OFFICER OF AN AIR 3,133
MEDICAL AGENCY FOR AN INITIAL TERM ENDING NOVEMBER 12, 2000. 3,134
Thereafter, terms of office of all members appointed by the 3,136
governor shall be for three years, each term ending on the same 3,137
day of the same month as did the term it succeeds. Each member 3,138
shall hold office from the date of appointment until the end of 3,139
the term for which the member was appointed. A member shall 3,141
continue in office subsequent to the expiration date of the 3,142
member's term until the member's successor takes office, or until 3,144
a period of sixty days has elapsed, whichever occurs first. 3,145
Each vacancy shall be filled in the same manner as the 3,147
original appointment. A member appointed to fill a vacancy 3,148
occurring prior to the expiration of the term for which the 3,149
member's predecessor was appointed shall hold office for the 3,151
remainder of the unexpired term. 3,152
The term of a member shall expire if the member ceases to 3,154
meet any of the requirements to be appointed as that member. The 3,155
governor may remove any member from office for neglect of duty, 3,156
malfeasance, misfeasance, or nonfeasance, after an adjudication 3,157
hearing held in accordance with Chapter 119. of the Revised Code. 3,158
The members of the board shall serve without compensation 3,160
but shall be reimbursed for their actual and necessary expenses 3,161
incurred in carrying out their duties as board members. 3,162
The board shall organize by annually selecting a chair AND 3,164
VICE-CHAIR from among its members. Ten THE BOARD MAY ADOPT 3,165
BYLAWS TO REGULATE ITS AFFAIRS. A MAJORITY OF ALL members of the 3,166
board shall constitute a quorum. No action shall be taken 3,167
without the concurrence of ten members A MAJORITY OF ALL MEMBERS 3,168
OF THE BOARD. The board shall meet at least four times annually 3,170
78
and at the call of the chair. The chair shall call a meeting on 3,171
the request of the executive director or the medical director of
the board or on the written request of ten FIVE members. THE 3,172
BOARD SHALL MAINTAIN WRITTEN OR ELECTRONIC RECORDS OF ITS 3,173
MEETINGS.
UPON TWENTY-FOUR HOURS' NOTICE FROM A MEMBER OF THE BOARD, 3,175
THE MEMBER'S EMPLOYER SHALL RELEASE THE MEMBER FROM THE MEMBER'S 3,176
EMPLOYMENT DUTIES TO ATTEND MEETINGS OF THE FULL BOARD. NOTHING 3,177
IN THIS PARAGRAPH REQUIRES THE EMPLOYER OF A MEMBER OF THE BOARD 3,178
TO COMPENSATE THE MEMBER FOR TIME THE MEMBER IS RELEASED FROM 3,179
EMPLOYMENT DUTIES UNDER THIS PARAGRAPH, BUT ANY CIVIL IMMUNITY, 3,180
WORKERS' COMPENSATION, DISABILITY, OR SIMILAR COVERAGE THAT
APPLIES TO A MEMBER OF THE BOARD AS A RESULT OF THE MEMBER'S 3,181
EMPLOYMENT SHALL CONTINUE TO APPLY WHILE THE MEMBER IS RELEASED 3,182
FROM EMPLOYMENT DUTIES UNDER THIS PARAGRAPH. 3,183
Sec. 4765.03. (A) The director of public safety shall 3,192
appoint a full-time executive director for the state board of 3,193
emergency medical services. The executive director shall be 3,194
knowledgeable in emergency medical services AND TRAUMA CARE and 3,195
shall serve at the pleasure of the director of public safety. 3,196
The director of public safety shall appoint the executive 3,197
director from among three persons nominated by the board. The 3,198
director of public safety may refuse, for cause, to appoint any 3,199
of the board's nominees. If the director fails to appoint any of 3,200
the board's nominees, the board shall continue to nominate groups 3,201
of three persons until the director does appoint one of the 3,202
board's nominees. The executive director shall serve as the 3,203
chief executive officer of the board and as the executive 3,204
director of the division of emergency medical services. He THE 3,206
EXECUTIVE DIRECTOR shall attend each meeting of the board, except 3,208
meeting THE BOARD MAY EXCLUDE THE EXECUTIVE DIRECTOR FROM 3,209
DISCUSSIONS concerning the appointment or terms of employment OR 3,210
PERFORMANCE of an THE executive director OR MEDICAL DIRECTOR of 3,211
the board. The executive director shall give a surety bond to 3,213
79
the state in such sum as the board determines, conditioned on the 3,214
faithful performance of the duties of his THE EXECUTIVE 3,215
DIRECTOR'S office. The executive director shall receive a salary 3,217
from the board and shall be reimbursed for his actual and 3,218
necessary expenses incurred in carrying out his duties as 3,219
executive director.
The executive director of the board shall submit a report 3,221
to the director of public safety AT LEAST every three months 3,223
regarding the status of emergency medical services in this state. 3,224
The executive director of the board shall meet with the director 3,225
of public safety at the director's request. 3,226
(B) The board shall appoint a medical director, who shall 3,228
serve at the pleasure of the board. The medical director shall 3,229
be a physician certified by the American board of emergency 3,230
medicine or the American osteopathic board of emergency medicine 3,231
who is active in the practice of emergency medicine and has been 3,232
actively involved with an emergency medical service organization 3,233
for at least five years prior to his appointment BEING APPOINTED. 3,235
The board may accept SHALL CONSIDER ANY recommendations for this 3,236
appointment from the Ohio chapter of the American college of 3,238
emergency physicians, THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF 3,239
SURGEONS, THE OHIO CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS, 3,240
the Ohio osteopathic association, and the Ohio state medical 3,241
association.
The medical director shall direct the executive director 3,243
and advise the board with regard to ADULT AND PEDIATRIC TRAUMA 3,244
AND emergency medical services issues. He THE MEDICAL DIRECTOR 3,247
shall attend each meeting of the board, except meetings THE BOARD 3,249
MAY EXCLUDE THE MEDICAL DIRECTOR FROM DISCUSSIONS concerning the 3,250
appointment OR PERFORMANCE of a THE medical director OR EXECUTIVE 3,251
DIRECTOR of the board. The medical director shall be employed 3,252
and paid by the board as a consultant and shall be reimbursed for 3,253
his actual and necessary expenses incurred in carrying out his 3,254
duties as medical director. 3,255
80
(C) The board may appoint employees as it determines 3,257
necessary. The board shall prescribe the duties and titles of 3,258
its employees. 3,259
Sec. 4765.04. (A) THE FIREFIGHTER AND FIRE SAFETY 3,261
INSPECTOR TRAINING COMMITTEE OF THE STATE BOARD OF EMERGENCY 3,262
MEDICAL SERVICES IS HEREBY CREATED AND SHALL CONSIST OF THE 3,263
MEMBERS OF THE BOARD WHO ARE CHIEFS OF FIRE DEPARTMENTS, AND THE 3,264
MEMBERS OF THE BOARD WHO ARE EMERGENCY MEDICAL TECHNICIANS-BASIC, 3,265
EMERGENCY MEDICAL TECHNICIANS-INTERMEDIATE, AND EMERGENCY MEDICAL 3,267
TECHNICIANS-PARAMEDIC APPOINTED FROM AMONG PERSONS NOMINATED BY 3,268
THE OHIO ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS OR THE 3,269
NORTHERN OHIO FIRE FIGHTERS AND FROM AMONG PERSONS NOMINATED BY 3,271
THE OHIO STATE FIREFIGHTER'S ASSOCIATION. EACH MEMBER OF THE 3,273
COMMITTEE, EXCEPT THE CHAIRPERSON, MAY DESIGNATE A PERSON WITH 3,274
FIRE EXPERIENCE TO SERVE IN THAT MEMBER'S PLACE. THE MEMBERS OF 3,275
THE COMMITTEE OR THEIR DESIGNEES SHALL SELECT A CHAIRPERSON FROM 3,276
AMONG THE MEMBERS OR THEIR DESIGNEES.
(B) THE TRAUMA COMMITTEE OF THE STATE BOARD OF EMERGENCY 3,279
MEDICAL SERVICES IS HEREBY CREATED AND SHALL CONSIST OF THE 3,280
FOLLOWING MEMBERS APPOINTED BY THE DIRECTOR OF PUBLIC SAFETY: 3,281
(1) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,284
SURGERY OR AMERICAN OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY 3,286
PRACTICES GENERAL TRAUMA SURGERY, APPOINTED FROM AMONG THREE 3,287
PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF 3,289
SURGEONS, THREE PERSONS NOMINATED BY THE OHIO STATE MEDICAL 3,290
ASSOCIATION, AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC 3,291
ASSOCIATION; 3,292
(2) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,295
SURGERY OR THE AMERICAN OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY 3,297
PRACTICES ORTHOPEDIC TRAUMA SURGERY, APPOINTED FROM AMONG THREE 3,298
PERSONS NOMINATED BY THE OHIO ORTHOPEDIC SOCIETY AND THREE 3,299
PERSONS NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION; 3,300
(3) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,303
NEUROLOGICAL SURGEONS OR THE AMERICAN OSTEOPATHIC BOARD OF 3,305
81
SURGERY AND ACTIVELY PRACTICES NEUROSURGERY ON TRAUMA VICTIMS, 3,306
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO STATE 3,307
NEUROLOGICAL SOCIETY AND THREE PERSONS NOMINATED BY THE OHIO 3,308
OSTEOPATHIC ASSOCIATION; 3,309
(4) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,311
SURGEONS OR AMERICAN OSTEOPATHIC BOARD OF SURGEONS AND ACTIVELY 3,312
SPECIALIZES IN TREATING BURN VICTIMS, APPOINTED FROM AMONG THREE 3,313
PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF 3,315
SURGEONS AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC 3,316
ASSOCIATION;
(5) A DENTIST WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,318
ORAL AND MAXILLOFACIAL SURGERY AND ACTIVELY PRACTICES ORAL AND 3,320
MAXILLOFACIAL SURGERY, APPOINTED FROM AMONG THREE PERSONS 3,321
NOMINATED BY THE OHIO DENTAL ASSOCIATION;
(6) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,324
PHYSICAL MEDICINE AND REHABILITATION OR AMERICAN OSTEOPATHIC 3,325
BOARD OF REHABILITATION MEDICINE AND ACTIVELY PROVIDES 3,326
REHABILITATIVE CARE TO TRAUMA VICTIMS, APPOINTED FROM AMONG THREE 3,327
PERSONS NOMINATED BY THE OHIO SOCIETY OF PHYSICAL MEDICINE AND 3,329
REHABILITATION AND THREE PERSONS NOMINATED BY THE OHIO 3,330
OSTEOPATHIC ASSOCIATION;
(7) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,334
SURGERY OR AMERICAN OSTEOPATHIC BOARD OF SURGERY WITH SPECIAL 3,336
QUALIFICATIONS IN PEDIATRIC SURGERY AND ACTIVELY PRACTICES 3,337
PEDIATRIC TRAUMA SURGERY, APPOINTED FROM AMONG THREE PERSONS 3,338
NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN ACADEMY OF 3,340
PEDIATRICS AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC 3,341
ASSOCIATION; 3,342
(8) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN COLLEGE 3,345
OF EMERGENCY PHYSICIANS OR AMERICAN OSTEOPATHIC BOARD OF 3,346
EMERGENCY MEDICINE, ACTIVELY PRACTICES EMERGENCY MEDICINE, AND IS 3,347
ACTIVELY INVOLVED IN EMERGENCY MEDICAL SERVICES, APPOINTED FROM 3,348
AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN 3,351
COLLEGE OF EMERGENCY PHYSICIANS; 3,352
82
(9) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,355
PEDIATRICS, AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, AMERICAN 3,358
OSTEOPATHIC BOARD OF PEDIATRICS, OR AMERICAN BOARD OF EMERGENCY 3,359
MEDICINE, IS SUB-BOARDED IN PEDIATRIC EMERGENCY MEDICINE, 3,360
ACTIVELY PRACTICES PEDIATRIC EMERGENCY MEDICINE, AND IS ACTIVELY 3,362
INVOLVED IN EMERGENCY MEDICAL SERVICES, APPOINTED FROM AMONG 3,363
THREE PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN 3,365
ACADEMY OF PEDIATRICS AND THREE PERSONS NOMINATED BY THE OHIO 3,366
OSTEOPATHIC ASSOCIATION; 3,367
(10) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,370
SURGERY, AMERICAN OSTEOPATHIC BOARD OF SURGERY, AMERICAN COLLEGE 3,372
OF EMERGENCY PHYSICIANS AND IS THE CHIEF MEDICAL OFFICER OF AN 3,373
AIR MEDICAL ORGANIZATION, APPOINTED FROM AMONG THREE PERSONS 3,374
NOMINATED BY THE OHIO ASSOCIATION OF AIR MEDICAL SERVICES; 3,376
(11) A CORONER OR MEDICAL EXAMINER APPOINTED FROM AMONG 3,378
THREE PEOPLE NOMINATED BY THE OHIO STATE CORONERS' ASSOCIATION; 3,380
(12) A REGISTERED NURSE WHO ACTIVELY PRACTICES TRAUMA 3,382
NURSING AT AN ADULT OR PEDIATRIC TRAUMA CENTER, APPOINTED FROM 3,383
AMONG THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION OF TRAUMA 3,386
NURSE COORDINATORS;
(13) A REGISTERED NURSE WHO ACTIVELY PRACTICES EMERGENCY 3,388
NURSING AND IS ACTIVELY INVOLVED IN EMERGENCY MEDICAL SERVICES, 3,389
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER 3,391
OF THE EMERGENCY NURSES' ASSOCIATION; 3,392
(14) THE CHIEF TRAUMA REGISTRAR OF AN ADULT OR PEDIATRIC 3,394
TRAUMA CENTER, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY 3,395
THE ALLIANCE OF OHIO TRAUMA REGISTRARS; 3,396
(15) THE ADMINISTRATOR OF AN ADULT OR PEDIATRIC TRAUMA 3,398
CENTER APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO 3,399
ASSOCIATION OF HOSPITALS AND HEALTH SYSTEMS; 3,400
(16) THE ADMINISTRATOR OF A HOSPITAL THAT IS NOT A TRAUMA 3,402
CENTER AND ACTIVELY PROVIDES EMERGENCY CARE TO ADULT OR PEDIATRIC 3,403
TRAUMA PATIENTS, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY 3,404
THE OHIO ASSOCIATION OF HOSPITALS AND HEALTH SYSTEMS; 3,405
83
(17) THE OPERATOR OF AN AMBULANCE COMPANY THAT ACTIVELY 3,407
PROVIDES TRAUMA CARE TO EMERGENCY PATIENTS, APPOINTED FROM AMONG 3,408
THREE PERSONS NOMINATED BY THE OHIO AMBULANCE ASSOCIATION; 3,411
(18) THE CHIEF OF A FIRE DEPARTMENT THAT ACTIVELY PROVIDES 3,413
TRAUMA CARE TO EMERGENCY PATIENTS, APPOINTED FROM AMONG THREE 3,415
PERSONS NOMINATED BY THE OHIO FIRE CHIEFS' ASSOCIATION; 3,417
(19) AN EMT OR PARAMEDIC WHO IS CERTIFIED UNDER THIS 3,420
CHAPTER AND ACTIVELY PROVIDES TRAUMA CARE TO EMERGENCY PATIENTS, 3,422
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO 3,423
ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, THREE PERSONS NOMINATED 3,425
BY THE NORTHERN OHIO FIRE FIGHTERS, THREE PERSONS NOMINATED BY 3,426
THE OHIO STATE FIREFIGHTERS' ASSOCIATION, AND THREE PERSONS 3,428
NOMINATED BY THE OHIO ASSOCIATION OF EMERGENCY MEDICAL SERVICES; 3,430
(20) A PERSON WHO ACTIVELY ADVOCATES FOR TRAUMA VICTIMS, 3,432
APPOINTED FROM THREE PERSONS NOMINATED BY THE OHIO BRAIN INJURY 3,433
ASSOCIATION AND THREE PERSONS NOMINATED BY THE GOVERNOR'S COUNCIL 3,435
ON PEOPLE WITH DISABILITIES. 3,436
(21) A PHYSICIAN OR NURSE WHO HAS SUBSTANTIAL 3,438
ADMINISTRATIVE RESPONSIBILITY FOR TRAUMA CARE OR EMERGENCY CARE 3,439
PROVIDED IN OR BY A HOSPITAL, APPOINTED FROM AMONG THREE PERSONS 3,440
NOMINATED BY THE OHIO ASSOCIATION OF HOSPITALS AND HEALTH CARE 3,441
SYSTEMS, THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC 3,442
ASSOCIATION, AND THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION 3,443
OF CHILDREN'S HOSPITALS;
(22) THREE REPRESENTATIVES OF HOSPITALS THAT ARE NOT 3,445
TRAUMA CENTERS AND ACTIVELY PROVIDE EMERGENCY CARE TO TRAUMA 3,446
PATIENTS, APPOINTED FROM AMONG SIX PERSONS NOMINATED BY THE OHIO 3,447
ASSOCIATION OF HOSPITALS AND HEALTH SYSTEMS OR OTHER STATEWIDE 3,448
ORGANIZATIONS REPRESENTING COMMUNITY HOSPITALS. THE 3,449
REPRESENTATIVES MAY BE HOSPITAL ADMINISTRATORS, PHYSICIANS, 3,450
NURSES, OR OTHER CLINICAL PROFESSIONALS. 3,451
MEMBERS OF THE COMMITTEE SHALL HAVE SUBSTANTIAL EXPERIENCE 3,453
IN THE CATEGORIES THEY REPRESENT, SHALL BE RESIDENTS OF THIS 3,454
STATE, AND MAY BE MEMBERS OF THE STATE BOARD OF EMERGENCY MEDICAL 3,455
84
SERVICES. IN APPOINTING MEMBERS OF THE COMMITTEE, THE DIRECTOR 3,456
SHALL ATTEMPT TO INCLUDE MEMBERS REPRESENTING URBAN AND RURAL 3,457
AREAS, VARIOUS GEOGRAPHICAL AREAS OF THE STATE, AND VARIOUS 3,458
SCHOOLS OF TRAINING. THE DIRECTOR SHALL NOT APPOINT TO THE 3,460
COMMITTEE MORE THAN ONE MEMBER WHO IS EMPLOYED BY OR PRACTICES AT 3,461
THE SAME HOSPITAL, HEALTH SYSTEM, OR EMERGENCY MEDICAL SERVICE 3,462
ORGANIZATION.
THE DIRECTOR MAY REFUSE TO APPOINT ANY OF THE PERSONS 3,464
NOMINATED BY AN ORGANIZATION OR ORGANIZATIONS UNDER THIS 3,465
DIVISION. IN THAT EVENT, THE ORGANIZATION OR ORGANIZATIONS SHALL 3,467
CONTINUE TO NOMINATE THE REQUIRED NUMBER OF PERSONS UNTIL THE 3,468
DIRECTOR APPOINTS TO THE COMMITTEE ONE OR MORE OF THE PERSONS 3,469
NOMINATED BY THE ORGANIZATION OR ORGANIZATIONS.
INITIAL APPOINTMENTS TO THE COMMITTEE SHALL BE MADE BY THE 3,471
DIRECTOR NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF 3,472
THIS SECTION. MEMBERS OF THE COMMITTEE SHALL SERVE AT THE 3,473
PLEASURE OF THE DIRECTOR, EXCEPT THAT ANY MEMBER OF THE COMMITTEE 3,474
WHO CEASES TO BE QUALIFIED FOR THE POSITION TO WHICH THE MEMBER 3,475
WAS APPOINTED SHALL CEASE TO BE A MEMBER OF THE COMMITTEE. 3,476
VACANCIES ON THE COMMITTEE SHALL BE FILLED IN THE SAME MANNER AS 3,477
ORIGINAL APPOINTMENTS. 3,478
THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT 3,480
COMPENSATION, BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY 3,481
EXPENSES INCURRED IN CARRYING OUT DUTIES AS MEMBERS OF THE 3,482
COMMITTEE. 3,483
THE COMMITTEE SHALL SELECT A CHAIRPERSON AND 3,485
VICE-CHAIRPERSON FROM AMONG ITS MEMBERS. A MAJORITY OF ALL 3,486
MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM. NO ACTION 3,487
SHALL BE TAKEN WITHOUT THE CONCURRENCE OF A MAJORITY OF ALL 3,488
MEMBERS OF THE COMMITTEE. THE COMMITTEE SHALL MEET AT THE CALL 3,489
OF THE CHAIR, UPON WRITTEN REQUEST OF FIVE MEMBERS OF THE 3,490
COMMITTEE, AND AT THE DIRECTION OF THE STATE BOARD OF EMERGENCY 3,491
MEDICAL SERVICES. THE COMMITTEE SHALL NOT MEET AT TIMES OR 3,492
LOCATIONS THAT CONFLICT WITH MEETINGS OF THE BOARD. THE 3,493
85
EXECUTIVE DIRECTOR AND MEDICAL DIRECTOR OF THE OFFICE OF 3,494
EMERGENCY MEDICAL SERVICES MAY PARTICIPATE IN ANY MEETING OF THE 3,495
COMMITTEE AND SHALL DO SO AT THE REQUEST OF THE COMMITTEE. 3,496
THE COMMITTEE SHALL ADVISE AND ASSIST THE STATE BOARD OF 3,498
EMERGENCY MEDICAL SERVICES IN MATTERS RELATED TO ADULT AND 3,500
PEDIATRIC TRAUMA CARE AND THE ESTABLISHMENT AND OPERATION OF THE 3,502
STATE TRAUMA REGISTRY. IN MATTERS RELATING TO THE STATE TRAUMA 3,503
REGISTRY, THE BOARD AND THE COMMITTEE SHALL CONSULT WITH TRAUMA 3,504
REGISTRARS FROM ADULT AND PEDIATRIC TRAUMA CENTERS IN THE STATE.
THE COMMITTEE MAY APPOINT A SUBCOMMITTEE TO ADVISE AND ASSIST 3,506
WITH THE TRAUMA REGISTRY. THE SUBCOMMITTEE MAY INCLUDE PERSONS 3,507
WITH EXPERTISE RELEVANT TO THE TRAUMA REGISTRY WHO ARE NOT 3,508
MEMBERS OF THE BOARD OR COMMITTEE. 3,509
(C) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES MAY 3,512
APPOINT OTHER COMMITTEES AND SUBCOMMITTEES AS IT CONSIDERS 3,513
NECESSARY.
(D) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES, AND ANY 3,516
OF ITS COMMITTEES OR SUBCOMMITTEES, MAY REQUEST ASSISTANCE FROM 3,517
ANY STATE AGENCY. THE BOARD AND ITS COMMITTEES AND SUBCOMMITTEES 3,518
MAY PERMIT PERSONS WHO ARE NOT MEMBERS OF THOSE BODIES TO 3,519
PARTICIPATE IN DELIBERATIONS OF THOSE BODIES, BUT NO PERSON WHO 3,520
IS NOT A MEMBER OF THE BOARD SHALL VOTE ON THE BOARD AND NO 3,521
PERSON WHO IS NOT A MEMBER OF A COMMITTEE CREATED UNDER DIVISION 3,522
(A) OR (B) OF THIS SECTION SHALL VOTE ON THAT COMMITTEE. 3,525
(E) SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO 3,527
THE COMMITTEES ESTABLISHED UNDER DIVISION (A) OR (B) OF THIS 3,528
SECTION.
Sec. 4765.05. As used in this section, "prehospital 3,537
emergency medical services" means an emergency medical services 3,538
system that provides medical services to patients who require 3,539
immediate assistance, because of illness or injury, prior to 3,540
their arrival at an emergency medical facility. 3,541
The state board of emergency medical services shall divide 3,543
the state into prehospital emergency medical services regions for 3,544
86
purposes of overseeing the delivery of ADULT AND PEDIATRIC 3,545
prehospital emergency medical services. These regions shall 3,546
consist of the same geographic regions as the health service 3,547
areas designated by the director of health under section 3702.58 3,548
of the Revised Code. For each region, the board shall appoint 3,549
either a physician to serve as the regional director or a 3,550
physician advisory board to serve as the regional advisory board. 3,551
The board shall specify the duties of each regional director and 3,552
regional advisory board. Regional directors and members of 3,553
regional advisory boards shall serve without compensation, but 3,554
shall be reimbursed for their actual and necessary expenses 3,555
incurred in carrying out their duties as regional directors and 3,556
members of regional advisory boards. 3,557
Sec. 4765.06. (A) The state board of emergency medical 3,566
services shall establish an emergency medical services incidence 3,567
reporting system for the collection of information regarding the 3,568
delivery of emergency medical services in this state and the 3,569
frequency at which the services are provided. All emergency 3,570
medical service organizations shall submit to the board any 3,571
information that the board determines is necessary for 3,572
maintaining the incidence reporting system. 3,573
(B) The board shall establish a STATE trauma system 3,575
registry to be used for the collection of information regarding 3,577
the care of ADULT AND PEDIATRIC trauma victims in this state. 3,578
The registry shall provide for the reporting of ADULT AND 3,580
PEDIATRIC trauma-related deaths, identification of ADULT AND 3,581
PEDIATRIC trauma patients, monitoring of ADULT AND PEDIATRIC 3,582
trauma patient care data, determination of the total amount of 3,583
uncompensated ADULT AND PEDIATRIC trauma care provided annually 3,584
by each facility that provides care to trauma victims, and 3,585
collection of any other information specified by the board. All 3,586
persons designated by the board shall submit to the board any
information it determines is necessary for maintaining the STATE 3,588
TRAUMA registry. At the request of the board any state agency
87
possessing information regarding ADULT OR PEDIATRIC trauma 3,589
patient care shall provide the information to the board. The 3,591
board shall maintain the STATE TRAUMA registry in accordance with 3,592
rules adopted under section 4765.11 of the Revised Code. 3,594
In accordance with standards established in rules adopted 3,596
under section 4765.11 of the Revised Code, the board shall 3,597
maintain the confidentiality of any information collected under 3,598
this section that would identify a specific patient of emergency 3,599
medical services or trauma care, except as otherwise provided in 3,600
section 149.43 of the Revised Code. 3,601
RULES RELATING TO THE STATE TRAUMA REGISTRY ADOPTED UNDER 3,603
THIS SECTION AND SECTION 4765.11 OF THE REVISED CODE SHALL NOT 3,604
PROHIBIT THE OPERATION OF OTHER TRAUMA REGISTRIES AND MAY PROVIDE 3,605
FOR THE REPORTING OF INFORMATION TO THE STATE TRAUMA REGISTRY BY 3,607
OR THROUGH OTHER TRAUMA REGISTRIES IN A MANNER CONSISTENT WITH
INFORMATION OTHERWISE REPORTED TO THE STATE TRAUMA REGISTRY. 3,608
OTHER TRAUMA REGISTRIES MAY REPORT AGGREGATE INFORMATION TO THE 3,609
STATE TRAUMA REGISTRY, PROVIDED THE INFORMATION CAN BE MATCHED TO 3,610
THE PERSON THAT REPORTED IT. INFORMATION MAINTAINED BY ANOTHER 3,611
TRAUMA REGISTRY AND REPORTED TO THE STATE TRAUMA REGISTRY IN LIEU 3,612
OF BEING REPORTED DIRECTLY TO THE STATE TRAUMA REGISTRY IS A 3,614
PUBLIC RECORD AND SHALL BE MAINTAINED, MADE AVAILABLE TO THE
PUBLIC, HELD IN CONFIDENCE, RISK ADJUSTED, AND NOT SUBJECT TO 3,615
DISCOVERY OR INTRODUCTION INTO EVIDENCE IN A CIVIL ACTION AS 3,617
PROVIDED IN SECTION 149.43 OF THE REVISED CODE AND THIS SECTION. 3,618
ANY PERSON WHO PROVIDES, MAINTAINS, OR RISK ADJUSTS SUCH
INFORMATION SHALL COMPLY WITH THIS SECTION AND RULES ADOPTED 3,620
UNDER IT IN PERFORMING THAT FUNCTION AND HAS THE SAME IMMUNITIES 3,622
WITH RESPECT TO THAT FUNCTION AS A PERSON WHO PERFORMS THAT 3,623
FUNCTION WITH RESPECT TO THE STATE TRAUMA REGISTRY.
(C) THE BOARD AND ANY EMPLOYEE OR CONTRACTOR OF THE BOARD 3,626
OR THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT MAKE PUBLIC 3,627
INFORMATION IT RECEIVES UNDER CHAPTER 4765. OF THE REVISED CODE 3,630
THAT IDENTIFIES OR WOULD TEND TO IDENTIFY A SPECIFIC RECIPIENT OF 3,631
88
EMERGENCY MEDICAL SERVICES OR ADULT OR PEDIATRIC TRAUMA CARE. 3,632
(D) NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF 3,635
THIS AMENDMENT, THE BOARD SHALL ADOPT AND IMPLEMENT RULES UNDER 3,636
SECTION 4765.11 OF THE REVISED CODE THAT PROVIDE WRITTEN 3,637
STANDARDS AND PROCEDURES FOR RISK ADJUSTMENT OF INFORMATION 3,638
RECEIVED BY THE BOARD UNDER CHAPTER 4765. OF THE REVISED CODE. 3,641
THE RULES SHALL BE DEVELOPED IN CONSULTATION WITH APPROPRIATE 3,643
MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL SERVICE ORGANIZATIONS 3,644
AND MAY PROVIDE FOR RISK ADJUSTMENT BY A CONTRACTOR OF THE BOARD. 3,645
BEFORE RISK ADJUSTMENT STANDARDS AND PROCEDURES ARE IMPLEMENTED, 3,646
NO MEMBER OF THE BOARD AND NO EMPLOYEE OR CONTRACTOR OF THE BOARD 3,647
OR THE DEPARTMENT OF PUBLIC SAFETY SHALL MAKE PUBLIC INFORMATION 3,648
RECEIVED BY THE BOARD UNDER CHAPTER 4765. OF THE REVISED CODE 3,650
THAT IDENTIFIES OR WOULD TEND TO IDENTIFY A SPECIFIC PROVIDER OF 3,651
EMERGENCY MEDICAL SERVICES OR ADULT OR PEDIATRIC TRAUMA CARE. 3,652
AFTER RISK ADJUSTMENT STANDARDS AND PROCEDURES ARE IMPLEMENTED, 3,654
THE BOARD SHALL MAKE PUBLIC SUCH INFORMATION ONLY ON A RISK 3,655
ADJUSTED BASIS.
(E) THE BOARD SHALL ADOPT RULES UNDER SECTION 4765.11 OF 3,658
THE REVISED CODE THAT SPECIFY PROCEDURES FOR ENSURING THE 3,660
CONFIDENTIALITY OF INFORMATION THAT IS NOT TO BE MADE PUBLIC 3,661
UNDER THIS SECTION. THE RULES SHALL SPECIFY THE CIRCUMSTANCES IN 3,662
WHICH DELIBERATIONS OF THE PERSONS PERFORMING RISK ADJUSTMENT 3,663
FUNCTIONS UNDER THIS SECTION ARE NOT OPEN TO THE PUBLIC AND 3,664
RECORDS OF THOSE DELIBERATIONS ARE MAINTAINED IN CONFIDENCE. 3,665
NOTHING IN THIS SECTION PROHIBITS THE BOARD FROM MAKING PUBLIC 3,666
STATISTICAL INFORMATION THAT DOES NOT IDENTIFY OR TEND TO 3,667
IDENTIFY A SPECIFIC RECIPIENT OR PROVIDER OF EMERGENCY MEDICAL 3,668
SERVICES OR ADULT OR PEDIATRIC TRAUMA CARE. 3,669
(F) No provider that furnishes information, data, reports, 3,671
or records to the board with respect to any patient the provider 3,672
examined or treated shall, because of this furnishing, be deemed 3,673
liable in damages to any person or be held to answer for betrayal 3,674
of a professional confidence pursuant to section 4731.22 of the 3,675
89
Revised Code IN THE ABSENCE OF WILLFUL OR WANTON MISCONDUCT. No 3,676
such information, data, reports, or records shall be subject to 3,678
introduction in evidence in any civil action against the 3,679
provider. No provider that furnishes information, data, reports, 3,680
or records to the board shall be liable for the misuse or 3,681
improper release of the information, data, reports, or records by 3,682
the board, any other public agency, or any other person. 3,683
This section does not restrict, and shall not be construed 3,685
to restrict, public access to any information used or considered 3,686
by the board in preparing any report, unless the information is 3,687
not a public record under section 149.43 of the Revised Code NO 3,689
PERSON WHO PERFORMS RISK ADJUSTMENT FUNCTIONS UNDER THIS SECTION
SHALL, BECAUSE OF PERFORMING SUCH FUNCTIONS, BE HELD LIABLE IN A 3,690
CIVIL ACTION FOR BETRAYAL OF PROFESSIONAL CONFIDENCE OR OTHERWISE 3,691
IN THE ABSENCE OF WILLFUL OR WANTON MISCONDUCT. 3,692
Sec. 4765.07. (A) The state board of emergency medical 3,701
services shall establish an emergency medical services ADOPT 3,702
RULES UNDER SECTION 4765.11 OF THE REVISED CODE TO ESTABLISH AND 3,703
ADMINISTER A grant program under which grants are equitably 3,704
distributed ACCORDING TO THE FOLLOWING PRIORITIES: 3,705
(1) FIRST PRIORITY SHALL BE GIVEN to emergency medical 3,708
service organizations for the training of their personnel, for 3,709
the purchase of equipment AND VEHICLES, and to improve the 3,710
availability, accessibility, and quality of emergency medical 3,711
services in this state. The IN THIS CATEGORY, THE BOARD SHALL 3,713
GIVE PRIORITY TO GRANTS THAT FUND TRAINING AND EQUIPPING OF 3,714
EMERGENCY MEDICAL SERVICE PERSONNEL. 3,715
(2) SECOND PRIORITY SHALL BE GIVEN TO ENTITIES THAT 3,717
RESEARCH THE CAUSES, NATURE, AND EFFECTS OF TRAUMATIC INJURIES, 3,718
EDUCATE THE PUBLIC ABOUT INJURY PREVENTION, AND IMPLEMENT, TEST, 3,719
AND EVALUATE INJURY PREVENTION STRATEGIES. 3,720
(3) THIRD PRIORITY SHALL BE GIVEN TO ENTITIES THAT 3,722
RESEARCH, TEST, AND EVALUATE PROCEDURES THAT PROMOTE THE 3,723
REHABILITATION, RETRAINING, AND REEMPLOYMENT OF ADULT OR 3,724
90
PEDIATRIC TRAUMA VICTIMS AND SOCIAL SERVICE SUPPORT MECHANISMS 3,725
FOR ADULT OR PEDIATRIC TRAUMA VICTIMS AND THEIR FAMILIES. 3,726
(4) FOURTH PRIORITY SHALL BE GIVEN TO ENTITIES THAT 3,728
RESEARCH, TEST, AND EVALUATE MEDICAL PROCEDURES RELATED TO ADULT 3,730
AND PEDIATRIC TRAUMA CARE.
(B) THE grant program shall be funded with moneys provided 3,734
under FROM THE TRAUMA AND EMERGENCY MEDICAL SERVICES GRANTS FUND 3,735
CREATED BY section 4513.263 of the Revised Code. The board shall 3,736
administer the grant program in accordance with procedures 3,737
established in rules adopted under section 4765.11 of the Revised 3,738
Code. The board shall give priority, in distributing grants, to 3,739
those grants that will be used to provide training to personnel. 3,740
Sec. 4765.09. The state board of emergency medical 3,749
services shall prepare recommendations for the operation of 3,750
ambulance service organizations, AIR MEDICAL ORGANIZATIONS, and 3,752
emergency medical service organizations. Within thirty days 3,753
following each meeting of the board THE PREPARATION OR 3,754
MODIFICATION OF RECOMMENDATIONS, the board shall notify the board 3,755
of county commissioners of any county, the board of township 3,757
trustees of any township, the board of trustees of any joint 3,758
ambulance district, or the board of trustees of any joint 3,759
emergency medical services district in which there exist 3,760
ambulance service organizations, AIR MEDICAL ORGANIZATIONS, or 3,761
emergency medical service organizations of any board 3,763
recommendations for the operation of such organizations. The 3,764
recommendations shall include, but not be limited to:
(A) The definition and classification of ambulances AND 3,766
MEDICAL AIRCRAFT; 3,767
(B) The design, equipment, and supplies for ambulances AND 3,769
MEDICAL AIRCRAFT, INCLUDING SPECIAL EQUIPMENT, SUPPLIES, 3,770
TRAINING, AND STAFFING REQUIRED TO ASSIST PEDIATRIC AND GERIATRIC 3,771
EMERGENCY VICTIMS;
(C) The minimum number and type of personnel for the 3,773
operation of ambulances AND MEDICAL AIRCRAFT; 3,774
91
(D) The communication systems necessary for the operation 3,776
of ambulances AND MEDICAL AIRCRAFT; 3,777
(E) Reports to be made by persons holding certificates of 3,779
accreditation or approval issued under section 4765.17 of the 3,780
Revised Code and certificates to practice issued under section 3,781
4765.30 of the Revised Code to ascertain compliance with this 3,782
chapter and the rules and recommendations adopted thereunder and 3,783
to ascertain the quantity and quality of ambulance service 3,784
organizations, AIR MEDICAL ORGANIZATIONS, and emergency medical 3,786
service organizations throughout the state. 3,787
Sec. 4765.10. (A) The state board of emergency medical 3,796
services shall do all of the following: 3,797
(1) Administer and enforce the provisions of this chapter 3,799
and the rules adopted under it; 3,800
(2) Approve, in accordance with procedures established in 3,802
rules adopted under section 4765.11 of the Revised Code, 3,803
examinations that demonstrate competence to have a certificate to 3,804
practice renewed without completing a continuing education 3,805
program; 3,806
(3) Advise applicants for state or federal emergency 3,808
medical services funds, review and comment on applications for 3,809
these funds, and approve the use of all state and federal funds 3,810
designated solely for emergency medical service programs unless 3,811
federal law requires another state agency to approve the use of 3,812
all such federal funds; 3,813
(4) Serve as a statewide clearinghouse for discussion, 3,815
inquiry, and complaints concerning emergency medical services; 3,816
(5) Make recommendations to the general assembly on 3,818
legislation to improve the delivery of emergency medical 3,819
services; 3,820
(6) Maintain a toll-free long distance telephone number 3,822
through which it shall respond to questions about emergency 3,823
medical services; 3,824
(7) Work with the APPROPRIATE state fire marshal's office 3,827
92
OFFICES in coordinating the training of firefighters and 3,828
emergency medical services SERVICE personnel when possible. The 3,830
office OTHER STATE OFFICES THAT ARE INVOLVED IN THE TRAINING OF 3,832
FIREFIGHTERS OR EMERGENCY MEDICAL SERVICE PERSONNEL shall 3,833
cooperate with the board AND ITS COMMITTEES AND SUBCOMMITTEES to 3,834
achieve this goal.
(8) Provide a liaison to the state emergency operation 3,836
center during those periods when a disaster, as defined in 3,837
section 5502.21 of the Revised Code, has occurred in this state 3,838
and the governor has declared an emergency as defined in that 3,839
section.
(B) The board may do any of the following: 3,841
(1) Investigate complaints concerning emergency medical 3,843
services and emergency medical service organizations as it 3,844
determines necessary; 3,845
(2) Enter into reciprocal agreements with other states 3,847
that have standards for accreditation of emergency medical 3,848
services training programs and for certification of first 3,850
responders, EMTs-basic, EMTs-I, paramedics, firefighters, or fire 3,851
safety inspectors that are substantially similar to those 3,853
established under this chapter and the rules adopted under it; 3,854
(3) Establish a statewide public information system and 3,856
public education programs regarding emergency medical services; 3,857
(4) Establish an injury prevention program. 3,859
(C) In accordance with rules adopted under section 4765.11 3,861
of the Revised Code, the board shall maintain the confidentiality 3,862
of any information it collects or receives under this chapter 3,863
that would identify a specific patient or recipient of emergency 3,864
medical services or trauma care, except as otherwise provided in 3,865
section 149.43 of the Revised Code. In any report prepared by 3,866
the board, information regarding patients or recipients of 3,867
emergency medical services or trauma care shall be presented only 3,868
in aggregate statistical form. 3,869
Sec. 4765.11. (A) The state board of emergency medical 3,878
93
services shall adopt, and may amend and rescind, rules in 3,879
accordance with Chapter 119. of the Revised Code and division (C) 3,880
of this section that establish all of the following: 3,881
(1) Procedures for its governance and the control of its 3,883
actions and business affairs; 3,884
(2) Standards for the performance of emergency medical 3,886
services by first responders, emergency medical 3,887
technicians-basic, emergency medical technicians-intermediate, 3,888
and emergency medical technicians-paramedic; 3,889
(3) Application fees for certificates of accreditation, 3,891
certificates of approval, certificates to teach, and certificates 3,892
to practice, which shall be deposited into the TRAUMA AND 3,893
emergency medical services fund created in section 4513.263 of 3,895
the Revised Code;
(4) Procedures CRITERIA for determining when the 3,897
application or renewal fee for a certificate to practice may be 3,898
waived because an applicant cannot afford to pay the fee; 3,899
(5) Procedures for issuance and renewal of certificates of 3,901
accreditation, certificates of approval, certificates to teach, 3,902
and certificates to practice, INCLUDING ANY PROCEDURES NECESSARY 3,903
TO ENSURE THAT ADEQUATE NOTICE OF RENEWAL IS PROVIDED IN 3,904
ACCORDANCE WITH DIVISION (D) OF SECTION 4765.30 OF THE REVISED 3,905
CODE;
(6) Procedures for suspending or revoking certificates of 3,907
accreditation, certificates of approval, certificates to teach, 3,908
and certificates to practice; 3,909
(7) Grounds for suspension or revocation of a certificate 3,911
to practice issued under section 4765.30 of the Revised Code and 3,912
for taking any other disciplinary action against a first 3,913
responder, EMT-basic, EMT-I, or paramedic; 3,914
(8) Procedures for taking disciplinary action against a 3,916
first responder, EMT-basic, EMT-I, or paramedic; 3,917
(9) Standards for certificates of accreditation and 3,919
certificates of approval; 3,920
94
(10) Qualifications for certificates to teach; 3,922
(11) Requirements for a certificate to practice; 3,924
(12) The curricula, number of hours of instruction and 3,926
training, and instructional materials to be used in ADULT AND 3,927
PEDIATRIC emergency medical services training programs and ADULT 3,929
AND PEDIATRIC emergency medical services continuing education 3,931
programs;
(13) Procedures for conducting courses in recognizing 3,933
symptoms of life-threatening allergic reactions and in 3,934
calculating proper dosage levels and administering injections of 3,935
epinephrine to persons ADULT AND PEDIATRIC PATIENTS who suffer 3,936
life-threatening allergic reactions; 3,938
(14) Examinations for certificates to practice; 3,940
(15) Procedures for administering examinations for 3,942
certificates to practice; 3,943
(16) Procedures for approving examinations that 3,945
demonstrate competence to have a certificate to practice renewed 3,946
without completing an emergency medical services continuing 3,947
education program; 3,948
(17) Procedures for granting extensions and exemptions of 3,950
emergency medical services continuing education requirements; 3,951
(18) Procedures for approving the additional emergency 3,953
medical services first responders are authorized by division (C) 3,954
of section 4765.35 of the Revised Code to perform, EMTs-basic are 3,955
authorized by division (C) of section 4765.37 of the Revised Code 3,957
to perform, EMTs-I are authorized by division (B)(5) of section 3,958
4765.38 of the Revised Code to perform, and paramedics are
authorized by division (B)(6) of section 4765.39 of the Revised 3,959
Code to perform;
(19) Standards and procedures for maintaining the trauma 3,961
system registry established under IMPLEMENTING THE REQUIREMENTS 3,962
OF section 4765.06 of the Revised Code, including designations of 3,964
the persons who are required to report information to the board 3,965
and the types of information to be reported; 3,966
95
(20) Standards for protecting the confidentiality of all 3,968
information the board collects or receives under this chapter 3,969
that would identify a specific patient or recipient of emergency 3,970
medical services or trauma care, except as otherwise provided in 3,971
section 149.43 of the Revised Code; 3,972
(21) Procedures for administering the emergency medical 3,974
services grant program established under section 4765.07 of the 3,975
Revised Code; 3,976
(22)(21) Procedures consistent with Chapter 119. of the 3,978
Revised Code for appealing decisions of the board; 3,979
(22) MINIMUM QUALIFICATIONS AND PEER REVIEW AND QUALITY 3,981
IMPROVEMENT REQUIREMENTS FOR PERSONS WHO PROVIDE MEDICAL 3,982
DIRECTION TO EMERGENCY MEDICAL SERVICE PERSONNEL. 3,983
(B) The board may adopt, and may amend and rescind, rules 3,985
in accordance with Chapter 119. of the Revised Code and division 3,986
(C) of this section that establish the following: 3,987
(1) Specifications of information that may be collected 3,989
under the trauma system registry and incidence reporting system 3,990
created under section 4765.06 of the Revised Code; 3,991
(2) Standards and procedures for implementing any of the 3,993
recommendations made by the advisory groups established ANY 3,994
COMMITTEES OF THE BOARD OR under section 4765.04 4765.57 of the 3,996
Revised Code;
(3) Requirements that a person must meet to receive a 3,998
certificate to practice as a first responder pursuant to division 3,999
(A)(2) of section 4765.30 of the Revised Code; 4,000
(4) Any other rules necessary to implement this chapter. 4,002
(C) IN DEVELOPING AND ADMINISTERING RULES ADOPTED UNDER 4,004
THIS CHAPTER, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL 4,005
CONSULT WITH REGIONAL DIRECTORS AND REGIONAL PHYSICIAN ADVISORY 4,006
BOARDS CREATED BY SECTION 4765.05 OF THE REVISED CODE AND 4,007
EMPHASIZE THE SPECIAL NEEDS OF PEDIATRIC AND GERIATRIC PATIENTS. 4,009
(D) Except as otherwise provided in this division, before 4,011
adopting, amending, or rescinding any rule under this chapter, 4,012
96
the board shall submit the proposed rule to the director of 4,013
public safety for review. The director may review the proposed 4,015
rule for not more than sixty days after the date it is submitted. 4,016
If, within this sixty-day period, the director approves the 4,017
proposed rule or does not notify the board that the rule is
disapproved, the board may adopt, amend, or rescind the rule as 4,019
proposed. If, within this sixty-day period, the director
notifies the board that the proposed rule is disapproved, the 4,020
board shall not adopt, amend, or rescind the rule as proposed 4,021
unless at least twelve members of the board vote to adopt, amend, 4,022
or rescind it. 4,023
This division does not apply to an emergency rule adopted 4,025
in accordance with section 119.03 of the Revised Code. 4,026
Sec. 4765.12. (A) NOT LATER THAN TWO YEARS AFTER THE 4,029
EFFECTIVE DATE OF THIS SECTION, THE STATE BOARD OF EMERGENCY
MEDICAL SERVICES SHALL DEVELOP AND DISTRIBUTE GUIDELINES FOR THE 4,031
CARE OF TRAUMA VICTIMS BY EMERGENCY MEDICAL SERVICE PERSONNEL AND 4,032
FOR THE CONDUCT OF PEER REVIEW AND QUALITY ASSURANCE PROGRAMS BY 4,033
EMERGENCY MEDICAL SERVICE ORGANIZATIONS. THE GUIDELINES SHALL BE 4,034
CONSISTENT WITH THE STATE TRAUMA TRIAGE PROTOCOLS ADOPTED IN 4,035
RULES UNDER SECTIONS 4567.11 AND 4567.40 OF THE REVISED CODE AND 4,037
SHALL PLACE EMPHASIS ON THE SPECIAL NEEDS OF PEDIATRIC AND 4,038
GERIATRIC TRAUMA VICTIMS. IN DEVELOPING THE GUIDELINES, THE 4,039
BOARD SHALL CONSULT WITH ENTITIES WITH INTERESTS IN TRAUMA AND 4,040
EMERGENCY MEDICAL SERVICES AND SHALL CONSIDER ANY RELEVANT 4,041
GUIDELINES ADOPTED BY NATIONAL ORGANIZATIONS, INCLUDING THE 4,043
AMERICAN COLLEGE OF SURGEONS, AMERICAN COLLEGE OF EMERGENCY 4,044
PHYSICIANS, AND AMERICAN ACADEMY OF PEDIATRICS. THE BOARD SHALL 4,046
DISTRIBUTE THE GUIDELINES, AND AMENDMENTS TO THE GUIDELINES, TO 4,047
EACH EMERGENCY MEDICAL SERVICE ORGANIZATION, REGIONAL DIRECTOR, 4,048
REGIONAL PHYSICIAN ADVISORY BOARD, CERTIFIED EMERGENCY MEDICAL 4,049
SERVICE INSTRUCTOR, AND PERSON WHO REGULARLY PROVIDES MEDICAL
DIRECTION TO EMERGENCY MEDICAL SERVICE PERSONNEL IN THIS STATE. 4,050
(B) NOT LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF 4,053
97
THIS SECTION, EACH EMERGENCY MEDICAL SERVICE ORGANIZATION IN THIS 4,054
STATE SHALL IMPLEMENT ONGOING PEER REVIEW AND QUALITY ASSURANCE 4,055
PROGRAMS DESIGNED TO IMPROVE THE AVAILABILITY AND QUALITY OF THE 4,056
EMERGENCY MEDICAL SERVICES IT PROVIDES. THE FORM AND CONTENT OF 4,057
THE PROGRAMS SHALL BE DETERMINED BY EACH EMERGENCY MEDICAL 4,058
SERVICE ORGANIZATION. IN IMPLEMENTING THE PROGRAMS, EACH 4,059
EMERGENCY MEDICAL SERVICE ORGANIZATION SHALL CONSIDER HOW TO 4,060
IMPROVE ITS ABILITY TO PROVIDE EFFECTIVE TRAUMA CARE, 4,061
PARTICULARLY FOR PEDIATRIC AND GERIATRIC TRAUMA VICTIMS, AND 4,062
SHALL TAKE INTO ACCOUNT THE TRAUMA CARE GUIDELINES DEVELOPED BY 4,063
THE STATE BOARD OF EMERGENCY MEDICAL SERVICES UNDER THIS SECTION. 4,065
INFORMATION GENERATED SOLELY FOR USE IN A PEER REVIEW OR 4,067
QUALITY ASSURANCE PROGRAM CONDUCTED ON BEHALF OF AN EMERGENCY 4,068
MEDICAL SERVICE ORGANIZATION IS NOT A PUBLIC RECORD UNDER SECTION 4,069
149.43 OF THE REVISED CODE. SUCH INFORMATION, AND ANY DISCUSSION 4,071
CONDUCTED IN THE COURSE OF A PEER REVIEW OR QUALITY ASSURANCE 4,072
PROGRAM CONDUCTED ON BEHALF OF AN EMERGENCY MEDICAL SERVICE 4,074
ORGANIZATION, IS NOT SUBJECT TO DISCOVERY IN A CIVIL ACTION AND 4,075
SHALL NOT BE INTRODUCED INTO EVIDENCE IN A CIVIL ACTION AGAINST 4,076
THE EMERGENCY MEDICAL SERVICE ORGANIZATION ON WHOSE BEHALF THE 4,077
INFORMATION WAS GENERATED OR THE DISCUSSION OCCURRED.
NO EMERGENCY MEDICAL SERVICE ORGANIZATION ON WHOSE BEHALF A 4,079
PEER REVIEW OR QUALITY ASSURANCE PROGRAM IS CONDUCTED, AND NO 4,080
PERSON WHO CONDUCTS SUCH A PROGRAM, BECAUSE OF PERFORMING SUCH 4,081
FUNCTIONS, SHALL BE LIABLE IN A CIVIL ACTION FOR BETRAYAL OF 4,082
PROFESSIONAL CONFIDENCE OR OTHERWISE IN THE ABSENCE OF WILLFUL OR 4,083
WANTON MISCONDUCT.
Sec. 4765.15. A person seeking to operate an emergency 4,092
medical services training program shall submit a completed 4,093
application for accreditation to the state board of emergency 4,094
medical services on a form the board shall prescribe and furnish. 4,095
The application shall be accompanied by the appropriate 4,096
application fee established in rules adopted under section 4,097
4765.11 of the Revised Code. 4,098
98
A person seeking to operate an emergency medical services 4,100
continuing education program shall submit a completed application 4,101
for approval to the board on a form the board shall prescribe and 4,102
furnish. The application shall be accompanied by the appropriate 4,103
application fee established in rules adopted under section 4,104
4765.11 of the Revised Code. 4,105
The board shall administer the accreditation and approval 4,107
processes pursuant to rules adopted under section 4765.11 of the 4,108
Revised Code. In administering these processes, the board may 4,109
authorize OTHER persons or other entities to evaluate 4,110
applications for accreditation or approval and may accept the 4,111
recommendations made by the entities THOSE PERSONS. 4,113
The board may cause an investigation to be made into the 4,115
accuracy of the information submitted in any application for 4,116
accreditation or approval. If an investigation indicates that 4,117
false, misleading, or incomplete information has been submitted 4,118
to the board in connection with any application for accreditation 4,119
or approval, the board shall conduct a hearing on the matter in 4,120
accordance with Chapter 119. of the Revised Code. 4,121
Sec. 4765.16. (A) All courses offered through an 4,130
emergency medical services training program or an emergency 4,131
medical services continuing education program, other than 4,132
ambulance driving, shall be developed under the direction of a 4,133
physician who specializes in emergency medicine AND IN 4,134
CONSULTATION WITH A PHYSICIAN WHO SPECIALIZES IN TRAUMA SURGERY. 4,135
On and after the date the state board of emergency medical 4,136
services begins issuing certificates to teach under section 4,137
4765.23 of the Revised Code, each EACH course offered through a 4,138
training program or continuing education program shall be taught 4,140
by a person who holds the appropriate certificate to teach issued 4,141
under that section 4765.23 OF THE REVISED CODE. 4,142
(B) A training program for first responders shall meet the 4,144
standards established in rules adopted by the STATE board OF 4,145
EMERGENCY MEDICAL SERVICES under section 4765.11 of the Revised 4,146
99
Code. The program shall include courses in both of the following 4,147
areas for at least the number of hours established by the board's 4,148
rules:
(1) Emergency victim care; 4,150
(2) Reading and interpreting a trauma victim's vital 4,152
signs.
(C) A training program for emergency medical 4,154
technicians-basic shall meet the standards established in rules 4,155
adopted by the state board of emergency medical services under 4,156
section 4765.11 of the Revised Code. The program shall include 4,158
courses in each of the following areas for at least the number of 4,159
hours established by the board's rules:
(1) Emergency victim care; 4,161
(2) Reading and interpreting a trauma victim's vital 4,163
signs; 4,164
(3) TRIAGE PROTOCOLS FOR ADULT AND PEDIATRIC TRAUMA 4,166
VICTIMS;
(4) In-hospital training; 4,168
(4)(5) Clinical training; 4,170
(5)(6) Training as an ambulance driver. 4,172
Each operator of a training program for emergency medical 4,174
technicians-basic shall allow any pupil in the twelfth grade in a 4,176
secondary school who is at least seventeen years old and who
otherwise meets the requirements for admission into such a 4,177
training program to be admitted to and complete the program and, 4,178
as part of the training, to ride in an ambulance with emergency 4,179
medical technicians-basic, emergency medical 4,180
technicians-intermediate, and emergency medical 4,181
technicians-paramedic. Each emergency medical service
organization shall allow pupils participating in training 4,182
programs to ride in an ambulance with emergency medical 4,183
technicians-basic, advanced emergency medical
technicians-intermediate, and emergency medical 4,184
technicians-paramedic. 4,185
100
(D) A training program for emergency medical 4,187
technicians-intermediate shall meet the standards established in 4,188
rules adopted by the board under section 4765.11 of the Revised 4,189
Code. The program shall include, OR REQUIRE AS A PREREQUISITE, 4,190
THE TRAINING SPECIFIED IN DIVISION (C) OF THIS SECTION AND 4,191
courses in each of the following areas for at least the number of 4,192
hours established by the board's rules: 4,193
(1) Recognizing symptoms of life-threatening allergic 4,195
reactions and in calculating proper dosage levels and 4,196
administering injections of epinephrine to persons who suffer 4,197
life-threatening allergic reactions, conducted in accordance with 4,198
rules adopted by the board under section 4765.11 of the Revised 4,199
Code; 4,200
(2) Venous access procedures; 4,202
(3) Cardiac monitoring and electrical interventions to 4,204
support or correct the cardiac function. 4,205
(E) A training program for emergency medical 4,207
technicians-paramedic shall meet the standards established in 4,208
rules adopted by the board under section 4765.11 of the Revised 4,209
Code. The program shall include, OR REQUIRE AS A PREREQUISITE, 4,210
THE TRAINING SPECIFIED IN DIVISIONS (C) AND (D) OF THIS SECTION 4,211
AND courses in each of the following areas for at least the 4,213
number of hours established by the board's rules: 4,214
(1) Medical terminology; 4,216
(2) Venous access procedures; 4,218
(3) Airway procedures; 4,220
(4) Patient assessment and triage; 4,222
(5) Acute cardiac care, including administration of 4,224
parenteral injections, electrical interventions, and other 4,225
emergency medical services; 4,226
(6) Emergency and trauma victim care beyond that required 4,228
under division (B)(C) of this section; 4,229
(7) Clinical training beyond that required under division 4,231
(B)(C) of this section. 4,232
101
(F) A continuing education program for first responders, 4,235
EMTs-basic, EMTs-I, or paramedics shall meet the standards 4,236
established in rules adopted by the board under section 4765.11 4,237
of the Revised Code. A continuing education program shall 4,238
include instruction and training in subjects established by the 4,239
board's rules for at least the number of hours established by the 4,240
board's rules.
Sec. 4765.30. (A)(1) The state board of emergency medical 4,249
services shall issue a certificate to practice as a first 4,251
responder to an applicant who meets all of the following 4,252
conditions:
(a) Except as provided in division (A)(2) of this section, 4,255
is a volunteer for a nonprofit emergency medical service
organization or a nonprofit fire department; 4,256
(b) Holds the appropriate certificate of completion issued 4,258
in accordance with section 4765.24 of the Revised Code; 4,259
(c) Passes the appropriate examination conducted under 4,261
section 4765.29 of the Revised Code; 4,262
(d) Is not in violation of any provision of this chapter 4,264
or the rules adopted under it; 4,265
(e) Meets any other certification requirements established 4,267
in rules adopted under section 4765.11 of the Revised Code. 4,269
(2) The board may waive the requirement to be a volunteer 4,271
for a nonprofit entity if the applicant meets other requirements 4,272
established in rules adopted under division (B)(3) of section 4,273
4765.11 of the Revised Code relative to a person's eligibility to 4,274
practice as a first responder.
(3) THE STATE BOARD SHALL ISSUE A CERTIFICATE TO PRACTICE 4,276
AS A FIRST RESPONDER TO AN APPLICANT WHO MEETS ALL OF THE 4,277
FOLLOWING CONDITIONS: 4,278
(a) IS A LAW ENFORCEMENT OFFICER EMPLOYED BY A STATE 4,280
DEPARTMENT, AS DEFINED IN SECTION 121.01 OF THE REVISED CODE; 4,282
(b) SUBMITS TO THE BOARD EVIDENCE THAT THE APPLICANT MEETS 4,284
ANY OF THE FOLLOWING REQUIREMENTS: 4,286
102
(i) HOLDS THE APPROPRIATE CERTIFICATE OF COMPLETION ISSUED 4,288
IN ACCORDANCE WITH SECTION 4765.24 OF THE REVISED CODE; 4,290
(ii) PRIOR TO APRIL 4, 1998, COMPLETED A FORTY-HOUR FIRST 4,293
RESPONDER COURSE APPROVED BY THE STATE AGENCY THAT EMPLOYS THE 4,294
APPLICANT; 4,295
(iii) PRIOR TO APRIL 4, 1998, COMPLETED A FIRST RESPONDER 4,298
COURSE THAT MET THE REQUIREMENTS OF THE UNITED STATES DEPARTMENT 4,299
OF TRANSPORTATION FIRST RESPONDER NATIONAL STANDARD CURRICULUM 4,300
THEN IN EFFECT; 4,301
(iv) PASSES THE APPROPRIATE EXAMINATION CONDUCTED UNDER 4,303
SECTION 4765.29 OF THE REVISED CODE. 4,305
(c) IS NOT IN VIOLATION OF ANY PROVISION OF THIS CHAPTER 4,307
OR THE RULES ADOPTED UNDER IT. 4,308
(4) ANY STATE DEPARTMENT THAT EMPLOYS FIRST RESPONDERS 4,310
SHALL PROVIDE OR ARRANGE FOR MEDICAL DIRECTION OF ITS FIRST 4,311
RESPONDERS BY ONE OR MORE PHYSICIANS WHO ACTIVELY PRACTICE 4,312
EMERGENCY MEDICINE AND OTHERWISE MEET ALL LEGAL REQUIREMENTS FOR 4,313
PROVIDING MEDICAL DIRECTION TO FIRST RESPONDERS. 4,314
(5) ANY FIRST RESPONDER EMPLOYED BY THE STATE SHALL DO 4,316
BOTH OF THE FOLLOWING: 4,317
(a) COOPERATE WITH LOCAL EMERGENCY MEDICAL SERVICE 4,319
ORGANIZATIONS;
(b) COMPLY WITH ANY APPLICABLE PROTOCOLS FOR THE TRIAGE OF 4,321
ADULT OR PEDIATRIC TRAUMA VICTIMS ADOPTED OR APPROVED BY THIS 4,322
STATE BOARD OF EMERGENCY MEDICAL SERVICES UNDER SECTION 4765.40 4,323
OF THE REVISED CODE.
(B) The state board of emergency medical services shall 4,325
issue a certificate to practice as an emergency medical 4,326
technician-basic to an applicant who meets all of the following 4,327
conditions:
(1) Holds a certificate of completion in emergency medical 4,329
services training-basic issued in accordance with section 4765.24 4,330
of the Revised Code; 4,331
(2) Passes the examination for emergency medical 4,333
103
technicians-basic conducted under section 4765.29 of the Revised 4,334
Code;
(3) Is not in violation of any provision of this chapter 4,336
or the rules adopted under it; 4,337
(4) Meets any other certification requirements established 4,339
in rules adopted under section 4765.11 of the Revised Code. 4,340
(C) The state board of emergency medical services shall 4,342
issue a certificate to practice as an emergency medical 4,344
technician-intermediate or emergency medical technician-paramedic
to an applicant who meets all of the following conditions: 4,345
(1) Holds a certificate to practice as an emergency 4,347
medical technician-basic; 4,348
(2) Holds the appropriate certificate of completion issued 4,350
in accordance with section 4765.24 of the Revised Code; 4,351
(3) Passes the appropriate examination conducted under 4,353
section 4765.29 of the Revised Code; 4,354
(4) Is not in violation of any provision of this chapter 4,356
or the rules adopted under it; 4,357
(5) Meets any other certification requirements established 4,359
in rules adopted under section 4765.11 of the Revised Code. 4,360
(D) A certificate to practice is valid for three years and 4,362
may be renewed by the board pursuant to procedures established in 4,363
rules adopted under section 4765.11 of the Revised Code. An NOT 4,365
LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION DATE OF AN
INDIVIDUAL'S CERTIFICATE TO PRACTICE, THE BOARD SHALL NOTIFY THE 4,366
INDIVIDUAL OF THE SCHEDULED EXPIRATION AND FURNISH AN APPLICATION 4,367
FOR RENEWAL.
AN application for renewal shall be accompanied by the 4,369
appropriate renewal fee established in rules adopted under 4,370
section 4765.11 of the Revised Code, unless the board waives the 4,371
fee on determining pursuant to those rules that the applicant 4,372
cannot afford to pay the fee. Except as provided in division (B) 4,373
of section 4765.31 of the Revised Code, the application shall 4,374
include evidence of either of the following: 4,375
104
(1) That the applicant received a certificate of 4,377
completion from the appropriate emergency medical services 4,378
continuing education program pursuant to section 4765.24 of the 4,379
Revised Code; 4,380
(2) That the applicant has successfully passed an 4,382
examination approved by the board under division (A) of section 4,383
4765.10 THAT DEMONSTRATES THE COMPETENCE TO HAVE A CERTIFICATE 4,384
RENEWED WITHOUT COMPLETING AN EMERGENCY MEDICAL SERVICES 4,385
CONTINUING EDUCATION PROGRAM. THE BOARD SHALL APPROVE SUCH 4,386
EXAMINATIONS IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4,387
4765.11 of the Revised Code.
(E) The board shall not require an applicant for renewal 4,389
of a certificate to practice to take an examination as a 4,390
condition of renewing the certificate. This division does not 4,391
preclude the use of examinations by operators of approved 4,392
emergency medical services continuing education programs as a 4,393
condition for issuance of a certificate of completion in 4,394
emergency medical services continuing education. 4,395
Sec. 4765.32. A current, valid certificate of 4,404
accreditation issued under the provisions of former section 4,405
3303.11 or 3303.23 of the Revised Code shall remain valid until 4,406
one year after the expiration date of the certificate as 4,407
determined by the provisions of those sections and shall confer 4,408
the same privileges and impose the same responsibilities and 4,409
requirements as a certificate of accreditation issued by the 4,410
state board of emergency medical services under section 4765.17 4,411
of the Revised Code. 4,412
A current, valid certificate of competency of an emergency 4,414
medical technician-ambulance, advanced emergency medical 4,415
technician-ambulance, or emergency medical technician-paramedic 4,416
issued under the provisions of former section 3303.15 of the 4,417
Revised Code shall remain valid for two years after the 4,418
expiration date of the certificate as determined by the 4,419
provisions of that section and shall confer the same privileges 4,420
105
and impose the same responsibilities and requirements as a 4,421
certificate to practice issued by the state board of emergency 4,422
medical services under section 4765.30 of the Revised Code. 4,423
A certificate to practice as an emergency medical 4,425
technician-ambulance that is valid on the effective date of this 4,426
amendment NOVEMBER 24, 1995, shall be considered a certificate to 4,428
practice as an emergency medical technician-basic. A certificate 4,429
to practice as an advanced emergency medical technician-ambulance
that is valid on the effective date of this amendment NOVEMBER 4,431
24, 1995, shall be considered a certificate to practice as an 4,432
emergency medical technician-intermediate.
Sec. 4765.35. (A) A first responder shall perform the 4,442
emergency medical services described in this section in
accordance with this chapter and any rules adopted under it. 4,443
(B) A first responder may provide limited emergency 4,446
medical services to patients until the arrival of an emergency 4,447
medical technician-basic, emergency medical
technician-intermediate, or emergency medical 4,448
technician-paramedic. In an emergency, a first responder may 4,449
render emergency medical services such as opening and maintaining
an airway, giving mouth to barrier ventilation, chest 4,450
compressions, electrical interventions with automated 4,451
defibrillators to support or correct the cardiac function and 4,452
other methods determined by the board, controlling of hemorrhage,
manual stabilization of fractures, bandaging, and assisting in 4,453
childbirth, AND DETERMINING TRIAGE OF TRAUMA VICTIMS. 4,454
(C) A first responder may perform any other emergency 4,457
medical services approved pursuant to rules adopted under section 4,458
4765.11 of the Revised Code. The board shall determine whether 4,459
the nature of any such service requires that a first responder 4,460
receive authorization prior to performing the service. 4,461
(D)(1) Except as provided in division (D)(2) of this 4,464
section, if the board determines under division (C) of this 4,465
section that a service requires prior authorization, the service 4,466
106
shall be performed only pursuant to the written or verbal 4,467
authorization of a physician or of the cooperating physician 4,468
advisory board, or pursuant to an authorization transmitted 4,469
through a direct communication device by a physician or
registered nurse designated by a physician. 4,470
(2) If communications fail during an emergency situation 4,472
or the required response time prohibits communication, a first 4,473
responder may perform services subject to this division, if, in 4,474
the judgment of the first responder, the life of the patient is 4,475
in immediate danger. Services performed under these
circumstances shall be performed in accordance with the written 4,476
protocols established under section FOR TRIAGE OF ADULT AND 4,478
PEDIATRIC TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER 4,479
SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY 4,480
APPLICABLE PROTOCOLS ADOPTED by the emergency medical service 4,482
organization with which the first responder is affiliated. 4,483
Sec. 4765.37. (A) An emergency medical technician-basic 4,493
shall perform the emergency medical services described in this 4,495
section in accordance with this chapter and any rules adopted 4,496
under it by the state board of emergency medical services. 4,497
(B) An emergency medical technician-basic may operate, or 4,501
be responsible for operation of, an ambulance and may provide
emergency medical services to patients. In an emergency, an 4,503
EMT-basic may determine the nature and extent of illness or 4,504
injury and establish priority for required emergency medical 4,505
services. An EMT-basic may render emergency medical services 4,507
such as opening and maintaining an airway, giving positive 4,508
pressure ventilation, cardiac resuscitation, electrical 4,509
interventions with automated defibrillators to support or correct 4,510
the cardiac function and other methods determined by the board, 4,511
controlling of hemorrhage, treatment of shock, immobilization of 4,512
fractures, bandaging, assisting in childbirth, management of 4,513
mentally disturbed patients, and initial care of poison and burn 4,514
patients, AND DETERMINING TRIAGE OF ADULT AND PEDIATRIC TRAUMA 4,515
107
VICTIMS. Where patients must in an emergency be extricated from 4,516
entrapment, an EMT-basic may assess the extent of injury and 4,518
render all possible emergency medical services and protection to 4,519
the entrapped patient; provide light rescue services if an 4,520
ambulance has not been accompanied by a specialized unit; and 4,521
after extrication, provide additional care in sorting of the 4,522
injured in accordance with standard emergency procedures. 4,523
(C) An EMT-basic may perform any other emergency medical 4,526
services approved pursuant to rules adopted under section 4765.11 4,527
of the Revised Code. The board shall determine whether the 4,528
nature of any such service requires that an EMT-basic receive 4,530
authorization prior to performing the service. 4,531
(D)(1) Except as provided in division (D)(2) of this 4,533
section, if the board determines under division (C) of this 4,534
section that a service requires prior authorization, the service 4,535
shall be performed only pursuant to the written or verbal 4,536
authorization of a physician or of the cooperating physician 4,537
advisory board, or pursuant to an authorization transmitted 4,538
through a direct communication device by a physician or 4,539
registered nurse designated by a physician. 4,540
(2) If communications fail during an emergency situation 4,542
or the required response time prohibits communication, an 4,544
EMT-basic may perform services subject to this division, if, in 4,545
the judgment of the EMT-basic, the life of the patient is in 4,546
immediate danger. Services performed under these circumstances 4,547
shall be performed in accordance with the written protocols 4,548
established under section FOR TRIAGE OF ADULT AND PEDIATRIC 4,549
TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER SECTIONS 4,551
4765.11 AND 4765.40 of the Revised Code AND ANY APPLICABLE
PROTOCOLS ADOPTED by the emergency medical service organization 4,553
with which the EMT-basic is affiliated. 4,554
Sec. 4765.38. (A) An emergency medical 4,563
technician-intermediate shall perform the emergency medical 4,565
services described in this section in accordance with this 4,566
108
chapter and any rules adopted under it. 4,567
(B) An EMT-I may do any of the following: 4,570
(1) Establish and maintain an intravenous lifeline that 4,572
has been approved by a cooperating physician or physician 4,573
advisory board; 4,574
(2) Perform cardiac monitoring; 4,576
(3) Perform electrical interventions to support or correct 4,578
the cardiac function; 4,579
(4) Administer epinephrine; 4,581
(5) DETERMINE TRIAGE OF ADULT AND PEDIATRIC TRAUMA 4,583
VICTIMS;
(6) Perform any other emergency medical services approved 4,585
pursuant to rules adopted under section 4765.11 of the Revised 4,586
Code. 4,587
(C)(1) Except as provided in division (C)(2) of this 4,589
section, the services described in division (B) of this section 4,590
shall be performed by an EMT-I only pursuant to the written or 4,592
verbal authorization of a physician or of the cooperating
physician advisory board, or pursuant to an authorization 4,593
transmitted through a direct communication device by a physician 4,594
or registered nurse designated by a physician. 4,595
(2) If communications fail during an emergency situation 4,597
or the required response time prohibits communication, an EMT-I 4,599
may perform any of the services described in division (B) of this 4,601
section, if, in the judgment of the EMT-I, the life of the 4,602
patient is in immediate danger. Services performed under these 4,603
circumstances shall be performed in accordance with the written 4,604
protocols established under section FOR TRIAGE OF ADULT AND 4,605
PEDIATRIC TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER 4,607
SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY 4,608
APPLICABLE PROTOCOLS ADOPTED by the emergency medical service 4,609
organization with which the EMT-I is affiliated. 4,610
Sec. 4765.39. (A) An emergency medical 4,619
technician-paramedic shall perform the emergency medical services 4,620
109
described in this section in accordance with this chapter and any 4,621
rules adopted under it. 4,622
(B) A paramedic may do any of the following: 4,624
(1) Perform cardiac monitoring; 4,626
(2) Perform electrical interventions to support or correct 4,628
the cardiac function; 4,629
(3) Perform airway procedures; 4,631
(4) Perform relief of pneumothorax; 4,633
(5) Administer appropriate drugs and intravenous fluids; 4,635
(6) DETERMINE TRIAGE OF ADULT AND PEDIATRIC TRAUMA 4,637
VICTIMS;
(7) Perform any other emergency medical services, 4,639
including life support or intensive care techniques, approved 4,640
pursuant to rules adopted under section 4765.11 of the Revised 4,641
Code. 4,642
(C)(1) Except as provided in division (C)(2) of this 4,644
section, the services described in division (B) of this section 4,645
shall be performed by a paramedic only pursuant to the written or 4,646
verbal authorization of a physician or of the cooperating 4,647
physician advisory board, or pursuant to an authorization 4,648
transmitted through a direct communication device by a physician 4,649
or registered nurse designated by a physician. 4,650
(2) If communications fail during an emergency situation 4,652
or the required response time prohibits communication, a 4,653
paramedic may perform any of the services described in division 4,654
(B) of this section, if, in his THE PARAMEDIC'S judgment, the 4,655
life of the patient is in immediate danger. Services performed 4,657
under these circumstances shall be performed in accordance with 4,658
the written protocols established under section FOR TRIAGE OF 4,659
ADULT AND PEDIATRIC TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED 4,661
UNDER SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY 4,662
APPLICABLE PROTOCOLS ADOPTED by the emergency medical service 4,663
organization with which the paramedic is affiliated. 4,664
Sec. 4765.40. The medical director or cooperating 4,674
110
physician advisory board of each emergency medical service 4,675
organization shall establish written protocols to be followed by 4,676
first responders, emergency medical technicians-basic, emergency 4,677
medical technicians-intermediate, and emergency medical 4,678
technicians-paramedic in performing emergency medical services 4,679
when communications have failed or the required response time 4,680
prevents communication and the life of the patient is in 4,681
immediate danger.
(A)(1) NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE 4,684
OF THIS AMENDMENT, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES 4,685
SHALL ADOPT RULES UNDER SECTION 4765.11 OF THE REVISED CODE 4,687
ESTABLISHING WRITTEN PROTOCOLS FOR THE TRIAGE OF ADULT AND 4,688
PEDIATRIC TRAUMA VICTIMS. THE RULES SHALL DEFINE ADULT AND 4,689
PEDIATRIC TRAUMA IN A MANNER THAT IS CONSISTENT WITH SECTION 4,690
4765.01 OF THE REVISED CODE, MINIMIZES OVERTRIAGE AND 4,693
UNDERTRIAGE, AND EMPHASIZES THE SPECIAL NEEDS OF PEDIATRIC AND 4,694
GERIATRIC TRAUMA PATIENTS.
(2) THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) 4,697
OF THIS SECTION SHALL REQUIRE A TRAUMA VICTIM TO BE TRANSPORTED 4,698
DIRECTLY TO AN ADULT OR PEDIATRIC TRAUMA CENTER THAT IS QUALIFIED 4,700
TO PROVIDE APPROPRIATE ADULT OR PEDIATRIC TRAUMA CARE, UNLESS ONE 4,701
OR MORE OF THE FOLLOWING EXCEPTIONS APPLIES: 4,702
(a) IT IS MEDICALLY NECESSARY TO TRANSPORT THE VICTIM TO 4,704
ANOTHER HOSPITAL FOR INITIAL ASSESSMENT AND STABILIZATION BEFORE 4,706
TRANSFER TO AN ADULT OR PEDIATRIC TRAUMA CENTER;
(b) IT IS UNSAFE OR MEDICALLY INAPPROPRIATE TO TRANSPORT 4,708
THE VICTIM DIRECTLY TO AN ADULT OR PEDIATRIC TRAUMA CENTER DUE TO 4,709
ADVERSE WEATHER OR GROUND CONDITIONS OR EXCESSIVE TRANSPORT TIME; 4,711
(c) TRANSPORTING THE VICTIM TO AN ADULT OR PEDIATRIC 4,713
TRAUMA CENTER WOULD CAUSE A SHORTAGE OF LOCAL EMERGENCY MEDICAL 4,715
SERVICE RESOURCES; 4,716
(d) NO APPROPRIATE ADULT OR PEDIATRIC TRAUMA CENTER IS 4,718
ABLE TO RECEIVE AND PROVIDE ADULT OR PEDIATRIC TRAUMA CARE TO THE 4,720
TRAUMA VICTIM WITHOUT UNDUE DELAY; 4,721
111
(e) BEFORE TRANSPORT OF A PATIENT BEGINS, THE PATIENT 4,723
REQUESTS TO BE TAKEN TO A PARTICULAR HOSPITAL THAT IS NOT A 4,725
TRAUMA CENTER OR, IF THE PATIENT IS LESS THAN EIGHTEEN YEARS OF 4,726
AGE OR IS NOT ABLE TO COMMUNICATE, SUCH A REQUEST IS MADE BY AN 4,727
ADULT MEMBER OF THE PATIENT'S FAMILY OR A LEGAL REPRESENTATIVE OF 4,728
THE PATIENT.
(3)(a) THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION 4,732
(A) OF THIS SECTION SHALL REQUIRE TRAUMA PATIENTS TO BE
TRANSPORTED TO AN ADULT OR PEDIATRIC TRAUMA CENTER THAT IS ABLE 4,733
TO PROVIDE APPROPRIATE ADULT OR PEDIATRIC TRAUMA CARE, BUT SHALL 4,736
NOT REQUIRE A TRAUMA PATIENT TO BE TRANSPORTED TO A PARTICULAR 4,737
TRAUMA CENTER. THE STATE TRIAGE PROTOCOLS SHALL ESTABLISH ONE OR 4,738
MORE PROCEDURES FOR EVALUATING WHETHER AN INJURY VICTIM REQUIRES 4,739
OR WOULD BENEFIT FROM ADULT OR PEDIATRIC TRAUMA CARE, WHICH 4,740
PROCEDURES SHALL BE APPLIED BY EMERGENCY MEDICAL SERVICE 4,741
PERSONNEL BASED ON THE PATIENT'S MEDICAL NEEDS. IN DEVELOPING 4,743
STATE TRAUMA TRIAGE PROTOCOLS, THE BOARD SHALL CONSIDER RELEVANT 4,745
MODEL TRIAGE RULES AND SHALL CONSULT WITH THE COMMISSION ON 4,746
MINORITY HEALTH, REGIONAL DIRECTORS, REGIONAL PHYSICIAN ADVISORY 4,747
BOARDS, AND APPROPRIATE MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL 4,748
SERVICE ORGANIZATIONS. 4,749
(b) BEFORE THE JOINT COMMITTEE ON AGENCY RULE REVIEW 4,753
CONSIDERS STATE TRIAGE PROTOCOLS FOR TRAUMA VICTIMS PROPOSED BY 4,754
THE STATE BOARD OF EMERGENCY MEDICAL SERVICES, OR AMENDMENTS 4,755
THERETO, THE BOARD SHALL SEND A COPY OF THE PROPOSAL TO THE OHIO 4,757
ASSOCIATION OF HOSPITALS AND HEALTH CARE SYSTEMS, THE OHIO 4,758
OSTEOPATHIC ASSOCIATION, AND THE OHIO ASSOCIATION OF CHILDREN'S 4,759
HOSPITALS AND HOLD A PUBLIC HEARING AT WHICH IT MUST CONSIDER THE 4,760
APPROPRIATENESS OF THE PROTOCOLS TO MINIMIZE OVERTRIAGE AND
UNDERTRIAGE OF TRAUMA VICTIMS. 4,761
(c) THE BOARD SHALL PROVIDE COPIES OF THE STATE TRIAGE 4,764
PROTOCOLS, AND AMENDMENTS TO THE PROTOCOLS, TO EACH EMERGENCY 4,765
MEDICAL SERVICE ORGANIZATION, REGIONAL DIRECTOR, REGIONAL 4,766
PHYSICIAN ADVISORY BOARD, CERTIFIED EMERGENCY MEDICAL SERVICE 4,767
112
INSTRUCTOR, AND PERSON WHO REGULARLY PROVIDES MEDICAL DIRECTION 4,768
TO EMERGENCY MEDICAL SERVICE PERSONNEL IN THE STATE; TO EACH 4,769
MEDICAL SERVICE ORGANIZATION IN OTHER JURISDICTIONS THAT 4,770
REGULARLY PROVIDE EMERGENCY MEDICAL SERVICES IN THIS STATE; AND 4,771
TO OTHERS UPON REQUEST. 4,772
(B)(1) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL 4,774
APPROVE REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND PEDIATRIC 4,775
TRAUMA VICTIMS, AND AMENDMENTS TO SUCH PROTOCOLS, THAT ARE 4,776
SUBMITTED TO THE BOARD AS PROVIDED IN DIVISION (B)(2) OF THIS 4,777
SECTION AND PROVIDE A LEVEL OF ADULT AND PEDIATRIC TRAUMA CARE 4,778
COMPARABLE TO THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION 4,779
(A) OF THIS SECTION. THE BOARD SHALL NOT OTHERWISE APPROVE 4,780
REGIONAL TRIAGE PROTOCOLS FOR TRAUMA VICTIMS. THE BOARD SHALL 4,781
NOT APPROVE REGIONAL TRIAGE PROTOCOLS FOR REGIONS THAT OVERLAP
AND SHALL RESOLVE ANY SUCH DISPUTES BY APPORTIONING THE 4,782
OVERLAPPING TERRITORY AMONG APPROPRIATE REGIONS IN A MANNER THAT 4,783
BEST SERVES THE MEDICAL NEEDS OF THE RESIDENTS OF THAT TERRITORY. 4,784
THE TRAUMA COMMITTEE OF THE BOARD SHALL HAVE REASONABLE 4,785
OPPORTUNITY TO REVIEW AND COMMENT ON REGIONAL TRIAGE PROTOCOLS
AND AMENDMENTS TO SUCH PROTOCOLS BEFORE THE BOARD APPROVES OR 4,786
DISAPPROVES THEM.
(2) REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND 4,788
PEDIATRIC TRAUMA VICTIMS, AND AMENDMENTS TO SUCH PROTOCOLS, SHALL 4,789
BE SUBMITTED IN WRITING TO THE STATE BOARD OF EMERGENCY MEDICAL 4,790
SERVICES BY THE REGIONAL PHYSICIAN ADVISORY BOARD OR REGIONAL 4,791
DIRECTOR, AS APPROPRIATE, THAT SERVES A MAJORITY OF THE 4,792
POPULATION IN THE REGION IN WHICH THE PROTOCOLS APPLY. PRIOR TO
SUBMITTING REGIONAL TRIAGE PROTOCOLS, OR AN AMENDMENT TO SUCH 4,794
PROTOCOLS, TO THE STATE BOARD OF EMERGENCY MEDICAL SERVICES, A 4,795
REGIONAL PHYSICIAN ADVISORY BOARD OR REGIONAL DIRECTOR SHALL 4,796
CONSULT WITH EACH OF THE FOLLOWING THAT REGULARLY SERVES THE 4,797
REGION IN WHICH THE PROTOCOLS APPLY:
(a) OTHER REGIONAL PHYSICIAN ADVISORY BOARDS AND REGIONAL 4,799
DIRECTORS; 4,800
113
(b) HOSPITALS THAT OPERATE AN EMERGENCY FACILITY; 4,802
(c) ADULT AND PEDIATRIC TRAUMA CENTERS; 4,804
(d) PROFESSIONAL SOCIETIES OF PHYSICIANS WHO SPECIALIZE IN 4,806
ADULT OR PEDIATRIC EMERGENCY MEDICINE OR ADULT OR PEDIATRIC 4,807
TRAUMA SURGERY;
(e) PROFESSIONAL SOCIETIES OF NURSES WHO SPECIALIZE IN 4,809
ADULT OR PEDIATRIC EMERGENCY NURSING OR ADULT OR PEDIATRIC TRAUMA 4,810
SURGERY;
(f) PROFESSIONAL ASSOCIATIONS OR LABOR ORGANIZATIONS OF 4,812
EMERGENCY MEDICAL SERVICE PERSONNEL; 4,813
(g) EMERGENCY MEDICAL SERVICE ORGANIZATIONS AND MEDICAL 4,815
DIRECTORS OF SUCH ORGANIZATIONS; 4,816
(h) CERTIFIED EMERGENCY MEDICAL SERVICE INSTRUCTORS. 4,818
(3) REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND 4,820
PEDIATRIC TRAUMA VICTIMS APPROVED UNDER DIVISION (B)(2) OF THIS 4,821
SECTION SHALL REQUIRE PATIENTS TO BE TRANSPORTED TO A TRAUMA 4,822
CENTER THAT IS ABLE TO PROVIDE AN APPROPRIATE LEVEL OF ADULT OR 4,823
PEDIATRIC TRAUMA CARE; SHALL NOT DISCRIMINATE AMONG TRAUMA 4,824
CENTERS FOR REASONS NOT RELATED TO A PATIENT'S MEDICAL NEEDS;
SHALL SEEK TO MINIMIZE UNDERTRIAGE AND OVERTRIAGE; MAY INCLUDE 4,825
ANY OF THE EXCEPTIONS IN DIVISION (A)(2) OF THIS SECTION; AND 4,826
SUPERSEDE THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) 4,827
OF THIS SECTION IN THE REGION IN WHICH THE REGIONAL PROTOCOLS 4,828
APPLY.
(4) UPON APPROVAL OF REGIONAL PROTOCOLS FOR THE TRIAGE OF 4,830
ADULT AND PEDIATRIC TRAUMA VICTIMS UNDER DIVISION (B)(2) OF THIS 4,831
SECTION, OR AN AMENDMENT TO SUCH PROTOCOLS, THE STATE BOARD OF 4,832
EMERGENCY MEDICAL SERVICES SHALL PROVIDE WRITTEN NOTICE OF THE 4,833
APPROVAL AND A COPY OF THE PROTOCOLS OR AMENDMENT TO EACH ENTITY 4,834
IN THE REGION IN WHICH THE PROTOCOLS APPLY TO WHICH THE BOARD IS 4,835
REQUIRED TO SEND A COPY OF THE STATE TRIAGE PROTOCOLS ADOPTED
UNDER DIVISION (A) OF THIS SECTION. 4,836
(C)(1) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL 4,838
REVIEW THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) OF 4,839
114
THIS SECTION AT LEAST EVERY THREE YEARS TO DETERMINE IF THEY ARE 4,840
CAUSING OVERTRIAGE OR UNDERTRIAGE OF TRAUMA PATIENTS, AND SHALL 4,841
MODIFY THEM AS NECESSARY TO MINIMIZE OVERTRIAGE AND UNDERTRIAGE. 4,842
(2) EACH REGIONAL PHYSICIAN ADVISORY BOARD OR REGIONAL 4,844
DIRECTOR THAT HAS HAD REGIONAL TRIAGE PROTOCOLS APPROVED UNDER 4,845
DIVISION (B)(2) OF THIS SECTION SHALL REVIEW THE PROTOCOLS AT 4,846
LEAST EVERY THREE YEARS TO DETERMINE IF THEY ARE CAUSING 4,847
OVERTRIAGE OR UNDERTRIAGE OF TRAUMA PATIENTS AND SHALL SUBMIT AN 4,848
APPROPRIATE AMENDMENT TO THE STATE BOARD, AS PROVIDED IN DIVISION
(B) OF THIS SECTION, AS NECESSARY TO MINIMIZE OVERTRIAGE AND 4,849
UNDERTRIAGE. THE STATE BOARD SHALL APPROVE THE AMENDMENT IF IT 4,850
WILL REDUCE OVERTRIAGE OR UNDERTRIAGE WHILE COMPLYING WITH 4,851
DIVISION (B) OF THIS SECTION, AND SHALL NOT OTHERWISE APPROVE THE 4,852
AMENDMENT.
(D) NO PROVIDER OF EMERGENCY MEDICAL SERVICES OR PERSON 4,854
WHO PROVIDES MEDICAL DIRECTION TO EMERGENCY MEDICAL SERVICE 4,855
PERSONNEL IN THIS STATE SHALL FAIL TO COMPLY WITH THE STATE 4,856
TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) OF THIS SECTION OR 4,857
APPLICABLE REGIONAL TRIAGE PROTOCOLS APPROVED UNDER DIVISION 4,858
(B)(2) OF THIS SECTION.
(E) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL 4,860
ADOPT RULES UNDER SECTION 4765.11 OF THE REVISED CODE THAT 4,861
PROVIDE FOR ENFORCEMENT OF THE STATE TRIAGE PROTOCOLS ADOPTED 4,862
UNDER DIVISION (A) OF THIS SECTION AND REGIONAL TRIAGE PROTOCOLS 4,863
APPROVED UNDER DIVISION (B)(2) OF THIS SECTION, AND FOR EDUCATION 4,864
REGARDING THOSE PROTOCOLS FOR EMERGENCY MEDICAL SERVICE 4,866
ORGANIZATIONS AND PERSONNEL, REGIONAL DIRECTORS AND REGIONAL 4,867
PHYSICIAN ADVISORY BOARDS, EMERGENCY MEDICAL SERVICE INSTRUCTORS,
AND PERSONS WHO REGULARLY PROVIDE MEDICAL DIRECTION TO EMERGENCY 4,869
MEDICAL SERVICE PERSONNEL IN THIS STATE.
Sec. 4765.41. THE MEDICAL DIRECTOR OR COOPERATING 4,871
PHYSICIAN ADVISORY BOARD OF EACH EMERGENCY MEDICAL SERVICE 4,872
ORGANIZATION SHALL ESTABLISH WRITTEN PROTOCOLS TO BE FOLLOWED BY 4,873
FIRST RESPONDERS, EMERGENCY MEDICAL TECHNICIANS-BASIC, EMERGENCY 4,874
115
MEDICAL TECHNICIANS-INTERMEDIATE, AND EMERGENCY MEDICAL 4,875
TECHNICIANS-PARAMEDIC IN PERFORMING EMERGENCY MEDICAL SERVICES
WHEN COMMUNICATIONS HAVE FAILED OR THE REQUIRED RESPONSE PREVENTS 4,876
COMMUNICATION AND THE LIFE OF THE PATIENT IS IN IMMEDIATE DANGER. 4,877
THOSE PROTOCOLS SHALL BE CONSISTENT WITH APPLICABLE TRAUMA TRIAGE 4,878
PROTOCOLS ADOPTED UNDER DIVISION (A) OR APPROVED UNDER DIVISION 4,880
(B)(2) OF SECTION 4765.40 OF THE REVISED CODE, BUT MAY DIRECT TO 4,881
AN ADULT OR PEDIATRIC TRAUMA CENTER EMERGENCY VICTIMS THAT THE 4,882
APPLICABLE TRAUMA TRIAGE PROTOCOLS DO NOT REQUIRE TO BE 4,883
TRANSPORTED TO AN ADULT OR PEDIATRIC TRAUMA CENTER. 4,884
Sec. 4765.50. (A) Except as provided in division (D) of 4,893
this section, no person shall represent that the person is a 4,895
first responder, an emergency medical technician-basic or 4,896
EMT-basic, an emergency medical technician-intermediate or EMT-I, 4,897
or an emergency medical technician-paramedic or paramedic unless 4,898
appropriately certified under section 4765.30 of the Revised
Code.
(B)(1) No person shall operate an emergency medical 4,900
services training program without a certificate of accreditation 4,901
issued under section 4765.17 of the Revised Code. 4,902
(2) No person shall operate an emergency medical services 4,904
continuing education program without a certificate of approval 4,905
issued under section 4765.17 of the Revised Code. 4,906
(C) No public or private entity shall advertise or 4,908
disseminate information leading the public to believe that the 4,909
entity is an emergency medical service organization, unless that 4,910
entity actually provides emergency medical services. 4,911
(D) A person who is performing the functions of a first 4,913
responder, EMT-basic, EMT-I, or paramedic under the authority of 4,915
the laws of a state that borders JURISDICTION OTHER THAN this 4,916
state, who is employed by or serves as a volunteer with an 4,918
emergency medical service organization based in that state, and 4,919
provides emergency medical services to or transportation of a 4,920
patient in this state is not in violation of division (A) of this 4,921
116
section.
A person who is performing the functions of a first 4,923
responder, EMT-basic, EMT-I, or paramedic under a reciprocal 4,925
agreement authorized by section 4765.10 of the Revised Code is
not in violation of division (A) of this section. 4,926
(E) BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS 4,928
AMENDMENT, NO PHYSICIAN SHALL PURPOSEFULLY DO ANY OF THE 4,929
FOLLOWING:
(1) ADMIT AN ADULT TRAUMA PATIENT TO A HOSPITAL THAT IS 4,931
NOT AN ADULT TRAUMA CENTER FOR THE PURPOSE OF PROVIDING ADULT 4,932
TRAUMA CARE; 4,933
(2) ADMIT A PEDIATRIC TRAUMA PATIENT TO A HOSPITAL THAT IS 4,935
NOT A PEDIATRIC TRAUMA CENTER FOR THE PURPOSE OF PROVIDING 4,936
PEDIATRIC TRAUMA CARE; 4,937
(3) FAIL TO TRANSFER AN ADULT OR PEDIATRIC TRAUMA PATIENT 4,939
TO AN ADULT OR PEDIATRIC TRAUMA CENTER IN ACCORDANCE WITH 4,940
APPLICABLE FEDERAL LAW, STATE LAW, AND ADULT OR PEDIATRIC TRAUMA 4,941
PROTOCOLS AND PATIENT TRANSFER AGREEMENTS ADOPTED UNDER SECTION 4,942
3727.09 OF THE REVISED CODE. 4,943
Sec. 4765.55. (A) This section does not apply to a 4,951
cooperative education school district. 4,952
(B) The executive director of the state board of emergency 4,954
medical services shall, with the advice and counsel of the 4,955
subcommittee FIREFIGHTER AND FIRE SAFETY INSPECTOR TRAINING 4,956
COMMITTEE of the state board of emergency medical services for 4,958
firefighter and fire safety inspector training, assist in the 4,960
establishment and maintenance by any state agency, or any county, 4,961
township, city, village, school district, or educational service 4,962
center of a fire service training program for the training of all 4,963
paid and volunteer firefighters and fire safety inspectors in 4,964
this state. The executive director, with the advice and counsel 4,965
of the subcommittee COMMITTEE, shall adopt standards to regulate 4,966
such firefighter and fire safety inspector training programs. 4,968
The standards may include, but need not be limited to, provisions 4,969
117
for minimum courses of study, minimum hours of instruction, 4,970
attendance requirements, required equipment and facilities, 4,971
qualifications of instructors, basic physical and methods 4,972
training required of firefighters and fire safety inspectors, and 4,973
training schedules. The standards adopted to regulate training 4,974
programs for volunteer firefighters shall not require more than 4,975
thirty-six hours of training. The executive director, with the 4,976
advice and counsel of the subcommittee COMMITTEE, shall provide 4,978
for the classification and chartering of such training programs 4,979
and may revoke any charter for failure to meet standards. 4,980
(C) Certificates issued under this division shall be 4,982
prescribed by the executive director, with the advice and counsel 4,983
of the subcommittee FIREFIGHTER AND FIRE INSPECTOR TRAINING 4,984
COMMITTEE of the state board of emergency medical services for 4,985
firefighter and fire safety inspector training. 4,986
(1) The executive director shall issue a certificate to 4,989
each person satisfactorily completing a chartered training 4,990
program.
(2) The executive director, with the subcommittee's 4,992
COMMITTEE'S advice and counsel, shall establish criteria for 4,994
evaluating the standards maintained by other states and the 4,995
branches of the United States military for firefighter training 4,996
programs to determine whether the standards are equivalent to 4,997
those established under this section and shall establish
requirements and procedures for issuing a certificate to each 4,998
person who presents proof to the executive director of having 4,999
satisfactorily completed a training program that meets those 5,000
standards.
(3) The executive director, with the subcommittee's 5,002
COMMITTEE'S advice and counsel, shall establish requirements and 5,004
procedures for issuing a certificate in lieu of completing a 5,005
chartered firefighter training program to any person requesting a 5,006
certificate who began serving as a permanent full-time paid 5,007
firefighter with the fire department of a city or village prior 5,008
118
to July 2, 1970, or as a volunteer firefighter with the fire
department of a township, fire district, city, or village prior 5,009
to July 2, 1979. 5,010
(D) The subcommittee of the state board of emergency 5,012
medical services for firefighter and fire safety inspector 5,013
training is hereby created and shall consist of the member of the 5,014
state board of emergency medical services who is appointed by the 5,015
director of public safety, the members of the board who are 5,016
chiefs of fire departments, and the members of the board who are 5,017
emergency medical technicians-basic, emergency medical 5,018
technicians-intermediate, and emergency medical 5,019
technicians-paramedic appointed to the board from among persons 5,020
nominated by the Ohio association of professional fire fighters 5,021
or the northern Ohio fire fighters and from among persons 5,022
nominated by the Ohio state firefighter's association. The 5,023
chairperson of the subcommittee shall be the member of the board 5,024
who is appointed by the director of public safety. Each member 5,025
of the subcommittee, except for the chairperson, may designate a 5,026
person with fire experience to serve in that member's place. 5,027
(E) Nothing in this section invalidates any part of OTHER 5,030
section 3737.33 of the Revised Code relative RELATING to the fire 5,031
training academy. 5,032
Sec. 4766.02. (A) There is hereby created the Ohio 5,041
ambulance licensing board, consisting of five voting members and 5,042
one nonvoting member who shall be residents of this state and 5,043
appointed by the governor with the advice and consent of the 5,044
senate. Except as provided in division (B) of this section, 5,045
members shall serve terms of two years. One voting member shall 5,046
be a member of the Ohio ambulance association; two voting 5,047
members, one of whom shall be a licensed funeral director, shall 5,048
be owners or operators of private emergency medical service 5,049
organizations operating in this state; one voting member shall be 5,050
a consumer of emergency medical services who is not associated 5,051
with any public or private emergency medical service 5,052
119
organization; and one voting member shall be an official with a 5,053
public emergency medical service organization. A physician who 5,054
holds a certificate to practice issued under Chapter 4731. of the 5,055
Revised Code who is a member of the American college of emergency 5,056
physicians shall serve as the nonvoting member. The board shall 5,057
annually select from its membership a chair and a vice-chair to 5,059
act as chair in the chair's absence.
(B) Of the members initially appointed, three shall be 5,061
appointed for terms of one year and three for terms of two years. 5,062
Any member appointed to fill a vacancy occurring prior to the 5,063
expiration date of the term for which the member's predecessor 5,064
was appointed shall hold office for the remainder of that term. 5,065
Every member shall continue in office subsequent to the 5,066
expiration date of the member's term until the member's successor 5,068
takes office, or until a period of sixty days has elapsed,
whichever occurs first. 5,069
(C) Three voting members shall constitute a quorum for the 5,071
transaction of business, and the affirmative vote of three 5,072
members is required for the board to take any official action. 5,073
The board, after notice and hearing, may remove a member by 5,074
majority vote for malfeasance, misfeasance, or nonfeasance. 5,075
Members of the board shall be reimbursed for actual and 5,077
necessary expenses incurred in attending meetings of the board 5,078
and in the performance of their official duties. The board may 5,079
hire such employees as are necessary to enable it to execute its 5,080
duties. 5,081
(D) The division of emergency medical services within the 5,084
department of public safety shall provide the board with office 5,085
space at no cost, but the board shall not be a part of the 5,086
division or the department. 5,087
(E) The board is the sole supervisory body regarding the 5,089
licensing of private ambulance service organizations in this 5,090
state.
Sec. 4767.08. (A) The cemetery dispute resolution 5,099
120
commission, on its own motion or as a result of a complaint 5,100
received pursuant to section 4767.07 of the Revised Code and with 5,101
good cause shown, shall investigate or cause to be investigated 5,102
alleged violations of sections 1721.19, 1721.20, 1721.21, 5,103
1721.211, 4735.02, 4735.22, and 4765.03 4767.02 of the Revised 5,104
Code. If the commission or the superintendent of the division of 5,106
real estate in the department of commerce believes that a 5,107
violation has occurred, the commission or superintendent shall 5,108
request the prosecuting attorney of the county in which the 5,109
alleged violation occurred to initiate such proceedings as are 5,110
appropriate.
(B) If, as a result of an investigation, the commission or 5,112
the superintendent believes that a person has violated Chapter 5,113
1345. of the Revised Code, the commission or superintendent shall 5,114
report the findings to the attorney general. 5,115
(C) If, as a result of an investigation, the commission or 5,117
the superintendent believes that a limited real estate broker or 5,118
limited real estate salesman has violated Chapter 4735. of the 5,119
Revised Code, the commission or superintendent shall report the 5,121
findings to the real estate commission, which may initiate such
proceedings as are appropriate. 5,122
(D) The commission, at any time, may dismiss a complaint 5,124
if it determines there is not good cause shown for the complaint. 5,125
If the commission dismisses a complaint, it shall notify the 5,126
person who filed the complaint within twenty days of reaching its 5,127
decision and identify the reason why the complaint was dismissed. 5,128
(E) When necessary for the division of real estate in the 5,130
department of commerce to perform the duties required by sections 5,131
4767.07 and 4767.08 of the Revised Code, the superintendent of 5,132
the division, after consultation with at least a majority of the 5,133
members of the cemetery dispute resolution commission, may issue 5,135
subpoenas and compel the production of books, papers, records,
and other forms of evidence. 5,136
Sec. 5502.01. (A) The department of public safety shall 5,145
121
administer and enforce the laws relating to the registration, 5,146
licensing, sale, and operation of motor vehicles and the laws 5,148
pertaining to the licensing of drivers of motor vehicles. 5,149
The department shall compile, analyze, and publish 5,151
statistics relative to motor vehicle accidents and the causes of 5,152
them, prepare and conduct educational programs for the purpose of 5,153
promoting safety in the operation of motor vehicles on the 5,155
highways, assist the state board of education in the formulation
of minimum standards for driver education courses of instruction, 5,156
encourage driver instruction in the high schools of the state, 5,158
and conduct research and studies for the purpose of promoting 5,159
safety on the highways of this state.
(B) The department shall administer the laws and rules 5,161
applicable to the division of state RELATIVE TO TRAUMA AND 5,162
emergency medical services SPECIFIED IN CHAPTER 4765. OF THE 5,163
REVISED CODE. 5,164
(C) The department shall administer and enforce the laws 5,166
contained in Chapters 4301. and 4303. of the Revised Code and 5,168
enforce the rules and orders of the liquor control commission 5,171
pertaining to retail liquor permit holders.
(D) The department shall administer the laws governing the 5,173
state emergency management agency and shall enforce all 5,174
additional duties and responsibilities as prescribed in the 5,175
Revised Code related to emergency management services. 5,176
(E) The department shall conduct investigations pursuant 5,178
to Chapter 5101. of the Revised Code in support of the duty of 5,180
the department of human services to administer food stamp 5,181
programs throughout this state. The department of public safety 5,182
shall conduct investigations necessary to protect the state's 5,183
property rights and interests in the food stamp program.
(F) The department of public safety shall enforce 5,185
compliance with orders and rules of the public utilities 5,186
commission and applicable laws in accordance with Chapters 4919., 5,187
4921., and 4923. of the Revised Code regarding commercial motor 5,188
122
vehicle transportation safety, economic, and hazardous materials 5,189
requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the 5,191
department of public safety may establish requirements for its 5,192
enforcement personnel, including its enforcement agents described 5,193
in section 5502.14 of the Revised Code, that include standards of 5,194
conduct, work rules and procedures, and criteria for eligibility 5,196
as law enforcement personnel.
(H) The department shall administer, maintain, and operate 5,198
the Ohio criminal justice network. The Ohio criminal justice 5,199
network shall be a computer network that supports state and local 5,200
criminal justice activities. The network shall be an electronic 5,201
repository for various data, which may include arrest warrants, 5,202
notices of persons wanted by law enforcement agencies, criminal 5,203
records, prison inmate records, stolen vehicle records, vehicle 5,204
operator's licenses, and vehicle registrations and titles. 5,206
Sec. 5503.04. All FORTY-FIVE PER CENT OF THE fines 5,215
collected from or moneys arising from bail forfeited by persons 5,217
apprehended or arrested by state highway patrol troopers shall be 5,218
paid forty-five per cent into the state treasury TO BE CREDITED 5,219
TO THE GENERAL REVENUE FUND, FIVE PER CENT SHALL BE PAID INTO THE 5,220
STATE TREASURY TO BE CREDITED TO THE TRAUMA AND EMERGENCY MEDICAL 5,221
SERVICES GRANTS FUND CREATED BY DIVISION (E) OF SECTION 4513.263 5,222
OF THE REVISED CODE, and fifty-five FIFTY per cent SHALL BE PAID 5,223
into the treasury of the municipal corporation where the case is 5,224
prosecuted, if in a mayor's court. If the prosecution is in a 5,225
trial court outside a municipal corporation, or outside the 5,226
territorial jurisdiction of a municipal court, THE FIFTY PER CENT 5,227
OF the fines and moneys THAT IS NOT PAID INTO THE STATE TREASURY 5,228
shall be paid fifty-five per cent into the county treasury OF THE 5,229
COUNTY WHERE THE CASE IS PROSECUTED. The fines and moneys paid 5,230
into the state treasury shall be credited to the general revenue 5,231
fund. The fines and moneys paid into a county treasury and the 5,232
fines and moneys paid into the treasury of a municipal 5,233
123
corporation shall be deposited one-half to the same fund and 5,234
expended in the same manner as is the revenue received from the 5,235
registration of motor vehicles, and one-half to the general fund 5,236
of such county or municipal corporation. 5,237
If the prosecution is in a municipal court, forty-five per 5,239
cent of the fines and moneys shall be paid into the state 5,240
treasury to be credited to the general revenue fund, FIVE PER 5,241
CENT SHALL BE PAID INTO THE STATE TREASURY TO BE CREDITED TO THE 5,242
TRAUMA AND EMERGENCY MEDICAL SERVICES GRANTS FUND CREATED BY 5,243
DIVISION (E) OF SECTION 4513.263 OF THE REVISED CODE, ten per 5,244
cent shall be paid into the county treasury to be credited to the 5,245
general fund of the county, and forty-five FORTY per cent shall 5,246
be paid into the municipal treasury to be credited to the general 5,248
fund of the municipal corporation. In the Auglaize county, 5,249
Clermont county, Crawford county, Hocking county, Jackson county, 5,250
Lawrence county, Madison county, Miami county, Ottawa county, 5,251
Portage county, and Wayne county municipal courts, that portion 5,252
of money otherwise paid into the municipal treasury shall be paid 5,253
into the county treasury. 5,254
The trial court shall make remittance of the fines and 5,256
moneys as prescribed in this section, and at the same time as the 5,257
remittance is made of the state's portion to the state treasury, 5,258
the trial court shall notify the superintendent of the state 5,259
highway patrol of the case and the amount covered by the 5,260
remittance. 5,261
This section does not apply to fines for violations of 5,263
division (B) of section 4513.263 of the Revised Code, or for 5,264
violations of any municipal ordinance that is substantively 5,265
comparable to that division, all of which shall be delivered to 5,266
the treasurer of state as provided in division (E) of section 5,267
4513.263 of the Revised Code. 5,268
Sec. 5739.02. For the purpose of providing revenue with 5,277
which to meet the needs of the state, for the use of the general 5,278
revenue fund of the state, for the purpose of securing a thorough 5,279
124
and efficient system of common schools throughout the state, for 5,280
the purpose of affording revenues, in addition to those from 5,281
general property taxes, permitted under constitutional 5,282
limitations, and from other sources, for the support of local 5,283
governmental functions, and for the purpose of reimbursing the 5,284
state for the expense of administering this chapter, an excise 5,285
tax is hereby levied on each retail sale made in this state. 5,286
(A) The tax shall be collected pursuant to the schedules 5,288
in section 5739.025 of the Revised Code. 5,289
The tax applies and is collectible when the sale is made, 5,291
regardless of the time when the price is paid or delivered. 5,292
In the case of a sale, the price of which consists in whole 5,294
or in part of rentals for the use of the thing transferred, the 5,295
tax, as regards such rentals, shall be measured by the 5,296
installments thereof. 5,297
In the case of a sale of a service defined under division 5,299
(MM) or (NN) of section 5739.01 of the Revised Code, the price of 5,300
which consists in whole or in part of a membership for the 5,301
receipt of the benefit of the service, the tax applicable to the 5,302
sale shall be measured by the installments thereof. 5,303
(B) The tax does not apply to the following: 5,305
(1) Sales to the state or any of its political 5,307
subdivisions, or to any other state or its political subdivisions 5,308
if the laws of that state exempt from taxation sales made to this 5,309
state and its political subdivisions; 5,310
(2) Sales of food for human consumption off the premises 5,312
where sold; 5,313
(3) Sales of food sold to students only in a cafeteria, 5,315
dormitory, fraternity, or sorority maintained in a private, 5,316
public, or parochial school, college, or university; 5,317
(4) Sales of newspapers, and of magazine subscriptions 5,319
shipped by second class mail, and sales or transfers of magazines 5,320
distributed as controlled circulation publications; 5,321
(5) The furnishing, preparing, or serving of meals without 5,323
125
charge by an employer to an employee provided the employer 5,324
records the meals as part compensation for services performed or 5,325
work done; 5,326
(6) Sales of motor fuel upon receipt, use, distribution, 5,329
or sale of which in this state a tax is imposed by the law of 5,330
this state, but this exemption shall not apply to the sale of 5,331
motor fuel on which a refund of the tax is allowable under 5,332
section 5735.14 of the Revised Code; and the tax commissioner may 5,333
deduct the amount of tax levied by this section applicable to the 5,334
price of motor fuel when granting a refund of motor fuel tax 5,335
pursuant to section 5735.14 of the Revised Code and shall cause 5,336
the amount deducted to be paid into the general revenue fund of 5,337
this state;
(7) Sales of natural gas by a natural gas company, of 5,339
electricity by an electric company, of water by a water-works 5,340
company, or of steam by a heating company, if in each case the 5,341
thing sold is delivered to consumers through wires, pipes, or 5,342
conduits, and all sales of communications services by a telephone 5,343
or telegraph company, all terms as defined in section 5727.01 of 5,344
the Revised Code; 5,345
(8) Casual sales by a person, or auctioneer employed 5,347
directly by the person to conduct such sales, except as to such 5,349
sales of motor vehicles, watercraft or outboard motors required 5,350
to be titled under section 1548.06 of the Revised Code, 5,351
watercraft documented with the United States coast guard, 5,352
snowmobiles, and all-purpose vehicles as defined in section 5,353
4519.01 of the Revised Code; 5,354
(9) Sales of services or tangible personal property, other 5,356
than motor vehicles, mobile homes, and manufactured homes, by 5,358
churches or by nonprofit organizations operated exclusively for 5,359
charitable purposes as defined in division (B)(12) of this 5,360
section, provided that the number of days on which such tangible 5,361
personal property or services, other than items never subject to 5,362
the tax, are sold does not exceed six in any calendar year. If 5,363
126
the number of days on which such sales are made exceeds six in 5,364
any calendar year, the church or organization shall be considered 5,365
to be engaged in business and all subsequent sales by it shall be 5,366
subject to the tax. In counting the number of days, all sales by 5,367
groups within a church or within an organization shall be 5,368
considered to be sales of that church or organization, except 5,369
that sales made by separate student clubs and other groups of 5,370
students of a primary or secondary school, and sales made by a 5,371
parent-teacher association, booster group, or similar 5,372
organization that raises money to support or fund curricular or 5,373
extracurricular activities of a primary or secondary school, 5,374
shall not be considered to be sales of such school, and sales by 5,375
each such club, group, association, or organization shall be 5,376
counted separately for purposes of the six-day limitation. This 5,377
division does not apply to sales by a noncommercial educational 5,378
radio or television broadcasting station. 5,379
(10) Sales not within the taxing power of this state under 5,381
the Constitution of the United States; 5,382
(11) The transportation of persons or property, unless the 5,384
transportation is by a private investigation and security 5,385
service; 5,386
(12) Sales of tangible personal property or services to 5,388
churches, to organizations exempt from taxation under section 5,389
501(c)(3) of the Internal Revenue Code of 1986, and to any other 5,390
nonprofit organizations operated exclusively for charitable 5,391
purposes in this state, no part of the net income of which inures 5,392
to the benefit of any private shareholder or individual, and no 5,393
substantial part of the activities of which consists of carrying 5,394
on propaganda or otherwise attempting to influence legislation; 5,395
sales to offices administering one or more homes for the aged or 5,396
one or more hospital facilities exempt under section 140.08 of 5,397
the Revised Code; and sales to organizations described in 5,398
division (D) of section 5709.12 of the Revised Code. 5,399
"Charitable purposes" means the relief of poverty; the 5,401
127
improvement of health through the alleviation of illness, 5,402
disease, or injury; the operation of an organization exclusively 5,404
for the provision of professional, laundry, printing, and 5,405
purchasing services to hospitals or charitable institutions; the 5,407
operation of a home for the aged, as defined in section 5701.13 5,408
of the Revised Code; the operation of a radio or television 5,409
broadcasting station that is licensed by the federal 5,410
communications commission as a noncommercial educational radio or 5,411
television station; the operation of a nonprofit animal adoption 5,413
service or a county humane society; the promotion of education by 5,414
an institution of learning that maintains a faculty of qualified 5,415
instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific 5,416
curriculum; the operation of a parent teacher association, 5,417
booster group, or similar organization primarily engaged in the 5,418
promotion and support of the curricular or extracurricular 5,419
activities of a primary or secondary school; the operation of a 5,420
community or area center in which presentations in music, 5,421
dramatics, the arts, and related fields are made in order to 5,422
foster public interest and education therein; the production of 5,423
performances in music, dramatics, and the arts; or the promotion 5,425
of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological 5,426
knowledge and information primarily for the public. 5,427
Nothing in this division shall be deemed to exempt sales to 5,429
any organization for use in the operation or carrying on of a 5,430
trade or business, or sales to a home for the aged for use in the 5,431
operation of independent living facilities as defined in division 5,432
(A) of section 5709.12 of the Revised Code. 5,433
(13) Building and construction materials and services sold 5,435
to construction contractors for incorporation into a structure or 5,436
improvement to real property under a construction contract with 5,437
this state or a political subdivision thereof, or with the United 5,438
States government or any of its agencies; building and 5,439
128
construction materials and services sold to construction 5,440
contractors for incorporation into a structure or improvement to 5,441
real property that are accepted for ownership by this state or 5,443
any of its political subdivisions, or by the United States 5,444
government or any of its agencies at the time of completion of 5,445
such structures or improvements; building and construction 5,446
materials sold to construction contractors for incorporation into 5,447
a horticulture structure or livestock structure for a person 5,448
engaged in the business of horticulture or producing livestock; 5,449
building materials and services sold to a construction contractor 5,450
for incorporation into a house of public worship or religious 5,451
education, or a building used exclusively for charitable purposes 5,452
under a construction contract with an organization whose purpose 5,453
is as described in division (B)(12) of this section; building and 5,454
construction materials sold for incorporation into the original 5,455
construction of a sports facility under section 307.696 of the 5,456
Revised Code; and building and construction materials and 5,457
services sold to a construction contractor for incorporation into 5,458
real property outside this state if such materials and services, 5,459
when sold to a construction contractor in the state in which the 5,460
real property is located for incorporation into real property in 5,461
that state, would be exempt from a tax on sales levied by that 5,462
state; 5,463
(14) Sales of ships or vessels or rail rolling stock used 5,465
or to be used principally in interstate or foreign commerce, and 5,466
repairs, alterations, fuel, and lubricants for such ships or 5,467
vessels or rail rolling stock; 5,468
(15) Sales to persons engaged in any of the activities 5,470
mentioned in division (E)(2) or (9) of section 5739.01 of the 5,471
Revised Code, to persons engaged in making retail sales, or to 5,472
persons who purchase for sale from a manufacturer tangible 5,473
personal property that was produced by the manufacturer in 5,474
accordance with specific designs provided by the purchaser, of 5,475
packages, including material and parts for packages, and of 5,476
129
machinery, equipment, and material for use primarily in packaging 5,477
tangible personal property produced for sale by or on the order 5,478
of the person doing the packaging, or sold at retail. "Packages" 5,479
includes bags, baskets, cartons, crates, boxes, cans, bottles, 5,480
bindings, wrappings, and other similar devices and containers, 5,481
and "packaging" means placing therein. 5,482
(16) Sales of food to persons using food stamp coupons to 5,484
purchase the food. As used in division (B)(16) of this section, 5,485
"food" has the same meaning as in the "Food Stamp Act of 1977," 5,486
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations 5,487
adopted pursuant to that act. 5,488
(17) Sales to persons engaged in farming, agriculture, 5,490
horticulture, or floriculture, of tangible personal property for 5,491
use or consumption directly in the production by farming, 5,492
agriculture, horticulture, or floriculture of other tangible 5,493
personal property for use or consumption directly in the 5,494
production of tangible personal property for sale by farming, 5,495
agriculture, horticulture, or floriculture; or material and parts 5,496
for incorporation into any such tangible personal property for 5,497
use or consumption in production; and of tangible personal 5,498
property for such use or consumption in the conditioning or 5,499
holding of products produced by and for such use, consumption, or 5,500
sale by persons engaged in farming, agriculture, horticulture, or 5,501
floriculture, except where such property is incorporated into 5,502
real property; 5,503
(18) Sales of drugs dispensed by a licensed pharmacist 5,506
upon the order of a licensed health professional authorized to 5,508
prescribe drugs to a human being, as the term "licensed health
professional authorized to prescribe drugs" is defined in section 5,509
4729.01 of the Revised Code; insulin as recognized in the 5,511
official United States pharmacopoeia; urine and blood testing 5,512
materials when used by diabetics or persons with hypoglycemia to 5,513
test for glucose or acetone; hypodermic syringes and needles when 5,514
used by diabetics for insulin injections; epoetin alfa when 5,515
130
purchased for use in the treatment of persons with end-stage 5,516
renal disease; hospital beds when purchased for use by persons 5,518
with medical problems for medical purposes; and oxygen and 5,519
oxygen-dispensing equipment when purchased for use by persons 5,520
with medical problems for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast 5,522
prostheses, and other prosthetic devices for humans; braces or 5,523
other devices for supporting weakened or nonfunctioning parts of 5,524
the human body; wheelchairs; devices used to lift wheelchairs 5,525
into motor vehicles and parts and accessories to such devices; 5,526
crutches or other devices to aid human perambulation; and items 5,527
of tangible personal property used to supplement impaired 5,528
functions of the human body such as respiration, hearing, or 5,529
elimination. No exemption under this division shall be allowed 5,530
for nonprescription drugs, medicines, or remedies; items or 5,531
devices used to supplement vision; items or devices whose 5,532
function is solely or primarily cosmetic; or physical fitness 5,533
equipment. This division does not apply to sales to a physician 5,534
or medical facility for use in the treatment of a patient. 5,535
(20) Sales of emergency and fire protection vehicles and 5,537
equipment to nonprofit organizations for use solely in providing 5,538
fire protection and emergency services, INCLUDING TRAUMA CARE AND 5,539
EMERGENCY MEDICAL SERVICES, for political subdivisions of the 5,541
state;
(21) Sales of tangible personal property manufactured in 5,543
this state, if sold by the manufacturer in this state to a 5,544
retailer for use in the retail business of the retailer outside 5,545
of this state and if possession is taken from the manufacturer by 5,547
the purchaser within this state for the sole purpose of 5,548
immediately removing the same from this state in a vehicle owned 5,549
by the purchaser;
(22) Sales of services provided by the state or any of its 5,551
political subdivisions, agencies, instrumentalities, 5,552
institutions, or authorities, or by governmental entities of the 5,553
131
state or any of its political subdivisions, agencies, 5,554
instrumentalities, institutions, or authorities; 5,555
(23) Sales of motor vehicles to nonresidents of this state 5,557
upon the presentation of an affidavit executed in this state by 5,558
the nonresident purchaser affirming that the purchaser is a 5,559
nonresident of this state, that possession of the motor vehicle 5,560
is taken in this state for the sole purpose of immediately 5,561
removing it from this state, that the motor vehicle will be 5,562
permanently titled and registered in another state, and that the 5,563
motor vehicle will not be used in this state; 5,564
(24) Sales to persons engaged in the preparation of eggs 5,566
for sale of tangible personal property used or consumed directly 5,567
in such preparation, including such tangible personal property 5,568
used for cleaning, sanitizing, preserving, grading, sorting, and 5,569
classifying by size; packages, including material and parts for 5,570
packages, and machinery, equipment, and material for use in 5,571
packaging eggs for sale; and handling and transportation 5,572
equipment and parts therefor, except motor vehicles licensed to 5,573
operate on public highways, used in intraplant or interplant 5,574
transfers or shipment of eggs in the process of preparation for 5,575
sale, when the plant or plants within or between which such 5,576
transfers or shipments occur are operated by the same person. 5,577
"Packages" includes containers, cases, baskets, flats, fillers, 5,578
filler flats, cartons, closure materials, labels, and labeling 5,579
materials, and "packaging" means placing therein. 5,580
(25)(a) Sales of water to a consumer for residential use, 5,582
except the sale of bottled water, distilled water, mineral water, 5,583
carbonated water, or ice; 5,584
(b) Sales of water by a nonprofit corporation engaged 5,586
exclusively in the treatment, distribution, and sale of water to 5,587
consumers, if such water is delivered to consumers through pipes 5,588
or tubing. 5,589
(26) Fees charged for inspection or reinspection of motor 5,591
vehicles under section 3704.14 of the Revised Code; 5,592
132
(27) Sales of solar, wind, or hydrothermal energy systems 5,594
that meet the guidelines established under division (B) of 5,595
section 1551.20 of the Revised Code, components of such systems 5,596
that are identified under division (B) or (D) of that section, or 5,597
charges for the installation of such systems or components, made 5,598
during the period from August 14, 1979, through December 31, 5,599
1985; 5,600
(28) Sales to persons licensed to conduct a food service 5,602
operation pursuant to section 3732.03 of the Revised Code, of 5,603
tangible personal property primarily used directly for the 5,604
following:
(a) To prepare food for human consumption for sale; 5,606
(b) To preserve food that has been or will be prepared for 5,609
human consumption for sale by the food service operator, not
including tangible personal property used to display food for 5,610
selection by the consumer; 5,611
(c) To clean tangible personal property used to prepare or 5,613
serve food for human consumption for sale. 5,614
(29) Sales of animals by nonprofit animal adoption 5,616
services or county humane societies; 5,617
(30) Sales of services to a corporation described in 5,619
division (A) of section 5709.72 of the Revised Code, and sales of 5,620
tangible personal property that qualifies for exemption from 5,621
taxation under section 5709.72 of the Revised Code; 5,622
(31) Sales and installation of agricultural land tile, as 5,624
defined in division (B)(5)(a) of section 5739.01 of the Revised 5,625
Code; 5,626
(32) Sales and erection or installation of portable grain 5,628
bins, as defined in division (B)(5)(b) of section 5739.01 of the 5,629
Revised Code; 5,630
(33) The sale, lease, repair, and maintenance of; parts 5,632
for; or items attached to or incorporated in motor vehicles that 5,633
are primarily used for transporting tangible personal property by 5,634
a person engaged in highway transportation for hire; 5,635
133
(34) Sales to the state headquarters of any veterans' 5,637
organization in Ohio that is either incorporated and issued a 5,638
charter by the congress of the United States or is recognized by 5,639
the United States veterans administration, for use by the 5,640
headquarters; 5,641
(35) Sales to a telecommunications service vendor of 5,643
tangible personal property and services used directly and 5,644
primarily in transmitting, receiving, switching, or recording any 5,645
interactive, two-way electromagnetic communications, including 5,646
voice, image, data, and information, through the use of any 5,647
medium, including, but not limited to, poles, wires, cables, 5,648
switching equipment, computers, and record storage devices and 5,649
media, and component parts for the tangible personal property. 5,650
The exemption provided in division (B)(35) of this section shall 5,651
be in lieu of all other exceptions under division (E)(2) of 5,652
section 5739.01 of the Revised Code to which a telecommunications 5,653
service vendor may otherwise be entitled based upon the use of 5,654
the thing purchased in providing the telecommunications service. 5,655
(36) Sales of investment metal bullion and investment 5,657
coins. "Investment metal bullion" means any elementary precious 5,658
metal that has been put through a process of smelting or 5,659
refining, including, but not limited to, gold, silver, platinum, 5,660
and palladium, and which is in such state or condition that its 5,661
value depends upon its content and not upon its form. 5,662
"Investment metal bullion" does not include fabricated precious 5,663
metal that has been processed or manufactured for one or more 5,665
specific and customary industrial, professional, or artistic 5,666
uses. "Investment coins" means numismatic coins or other forms 5,667
of money and legal tender manufactured of gold, silver, platinum, 5,668
palladium, or other metal under the laws of the United States or 5,669
any foreign nation with a fair market value greater than any 5,670
statutory or nominal value of such coins. 5,671
(37)(a) Sales where the purpose of the consumer is to use 5,673
or consume the things transferred in making retail sales and 5,674
134
consisting of newspaper inserts, catalogues, coupons, flyers, 5,675
gift certificates, or other advertising material that prices and 5,677
describes tangible personal property offered for retail sale. 5,678
(b) Sales to direct marketing vendors of preliminary 5,680
materials such as photographs, artwork, and typesetting that will 5,681
be used in printing advertising material; of printed matter that 5,682
offers free merchandise or chances to win sweepstake prizes and 5,683
that is mailed to potential customers with advertising material 5,684
described in division (B)(37)(a) of this section; and of 5,685
equipment such as telephones, computers, facsimile machines, and 5,686
similar tangible personal property primarily used to accept 5,687
orders for direct marketing retail sales. 5,688
(c) Sales of automatic food vending machines that preserve 5,690
food with a shelf life of forty-five days or less by 5,691
refrigeration and dispense it to the consumer. 5,692
For purposes of division (B)(37) of this section, "direct 5,694
marketing" means the method of selling where consumers order 5,695
tangible personal property by United States mail, delivery 5,696
service, or telecommunication and the vendor delivers or ships 5,697
the tangible personal property sold to the consumer from a 5,698
warehouse, catalogue distribution center, or similar fulfillment 5,699
facility by means of the United States mail, delivery service, or 5,700
common carrier. 5,701
(38) Sales to a person engaged in the business of 5,703
horticulture or producing livestock of materials to be 5,704
incorporated into a horticulture structure or livestock 5,705
structure; 5,706
(39) The sale of a motor vehicle that is used exclusively 5,708
for a vanpool ridesharing arrangement to persons participating in 5,709
the vanpool ridesharing arrangement when the vendor is selling 5,710
the vehicle pursuant to a contract between the vendor and the 5,711
department of transportation;
(40) Sales of personal computers, computer monitors, 5,713
computer keyboards, modems, and other peripheral computer 5,714
135
equipment to an individual who is licensed or certified to teach 5,715
in an elementary or a secondary school in this state for use by 5,716
that individual in preparation for teaching elementary or
secondary school students; 5,717
(41) Sales to a professional racing team of any of the 5,719
following: 5,720
(a) Motor racing vehicles; 5,722
(b) Repair services for motor racing vehicles; 5,725
(c) Items of property that are attached to or incorporated 5,728
in motor racing vehicles, including engines, chassis, and all 5,729
other components of the vehicles, and all spare, replacement, and 5,730
rebuilt parts or components of the vehicles; except not including 5,731
tires, consumable fluids, paint, and accessories consisting of 5,732
instrumentation sensors and related items added to the vehicle to 5,733
collect and transmit data by means of telemetry and other forms 5,734
of communication.
(42) Sales of used manufactured homes and used mobile 5,736
homes, as defined in section 5739.0210 of the Revised Code, made 5,737
on or after January 1, 2000. 5,738
For the purpose of the proper administration of this 5,740
chapter, and to prevent the evasion of the tax, it is presumed 5,741
that all sales made in this state are subject to the tax until 5,742
the contrary is established. 5,743
As used in this section, except in division (B)(16) of this 5,745
section, "food" includes cereals and cereal products, milk and 5,746
milk products including ice cream, meat and meat products, fish 5,747
and fish products, eggs and egg products, vegetables and 5,748
vegetable products, fruits, fruit products, and pure fruit 5,749
juices, condiments, sugar and sugar products, coffee and coffee 5,750
substitutes, tea, and cocoa and cocoa products. It does not 5,751
include: spirituous or malt liquors; soft drinks; sodas and 5,752
beverages that are ordinarily dispensed at bars and soda 5,753
fountains or in connection therewith, other than coffee, tea, and 5,754
cocoa; root beer and root beer extracts; malt and malt extracts; 5,755
136
mineral oils, cod liver oils, and halibut liver oil; medicines, 5,756
including tonics, vitamin preparations, and other products sold 5,757
primarily for their medicinal properties; and water, including 5,758
mineral, bottled, and carbonated waters, and ice. 5,759
(C) The levy of an excise tax on transactions by which 5,761
lodging by a hotel is or is to be furnished to transient guests 5,762
pursuant to this section and division (B) of section 5739.01 of 5,763
the Revised Code does not prevent any of the following: 5,764
(1) A municipal corporation or township from levying an 5,766
excise tax for any lawful purpose not to exceed three per cent on 5,767
transactions by which lodging by a hotel is or is to be furnished 5,768
to transient guests in addition to the tax levied by this 5,769
section. If a municipal corporation or township repeals a tax 5,770
imposed under division (C)(1) of this section and a county in 5,771
which the municipal corporation or township has territory has a 5,772
tax imposed under division (C) of section 5739.024 of the Revised 5,773
Code in effect, the municipal corporation or township may not 5,774
reimpose its tax as long as that county tax remains in effect. A 5,775
municipal corporation or township in which a tax is levied under 5,776
division (B)(2) of section 351.021 of the Revised Code may not 5,777
increase the rate of its tax levied under division (C)(1) of this 5,778
section to any rate that would cause the total taxes levied under 5,779
both of those divisions to exceed three per cent on any lodging 5,780
transaction within the municipal corporation or township. 5,781
(2) A municipal corporation or a township from levying an 5,783
additional excise tax not to exceed three per cent on such 5,784
transactions pursuant to division (B) of section 5739.024 of the 5,785
Revised Code. Such tax is in addition to any tax imposed under 5,786
division (C)(1) of this section. 5,787
(3) A county from levying an excise tax pursuant to 5,789
division (A) of section 5739.024 of the Revised Code. 5,790
(4) A county from levying an excise tax not to exceed 5,792
three per cent of such transactions pursuant to division (C) of 5,793
section 5739.024 of the Revised Code. Such a tax is in addition 5,794
137
to any tax imposed under division (C)(3) of this section. 5,795
(5) A convention facilities authority, as defined in 5,797
division (A) of section 351.01 of the Revised Code, from levying 5,798
the excise taxes provided for in division (B) of section 351.021 5,799
of the Revised Code. 5,800
(6) A county from levying an excise tax not to exceed one 5,802
and one-half per cent of such transactions pursuant to division 5,803
(D) of section 5739.024 of the Revised Code. Such tax is in 5,804
addition to any tax imposed under division (C)(3) or (4) of this 5,805
section. 5,806
(7) A county from levying an excise tax not to exceed one 5,808
and one-half per cent of such transactions pursuant to division 5,809
(E) of section 5739.024 of the Revised Code. Such a tax is in 5,810
addition to any tax imposed under division (C)(3), (4), or (6) of 5,811
this section. 5,812
(D) The levy of this tax on retail sales of recreation and 5,814
sports club service shall not prevent a municipal corporation 5,815
from levying any tax on recreation and sports club dues or on any 5,816
income generated by recreation and sports club dues. 5,817
Section 2. That existing sections 9.60, 125.04, 125.13, 5,819
3729.17, 3737.66, 4511.191, 4511.81, 4511.99, 4513.263, 4513.99, 5,821
4765.01, 4765.02, 4765.03, 4765.05, 4765.06, 4765.07, 4765.09, 5,822
4765.10, 4765.11, 4765.15, 4765.16, 4765.30, 4765.32, 4765.35, 5,823
4765.37, 4765.38, 4765.39, 4765.40, 4765.50, 4765.55, 4766.02, 5,824
4767.08, 5502.01, 5503.04, and 5739.02 of the Revised Code are 5,825
hereby repealed.
Section 3. The General Assembly finds that traumatic 5,827
injuries impose significant personal and economic costs on this 5,828
state and on individuals, businesses, political subdivisions, and 5,830
other organizations in this state. In enacting section 2949.093 5,831
of the Revised Code, it is the intent of the General Assembly to 5,832
deter behavior that increases the risk of traumatic injury and to 5,833
impose on those individuals whose behavior increases the risk of 5,834
traumatic injury the costs of preventing and treating traumatic 5,835
138
injuries, in a manner consistent with State, ex rel. Brown, v. 5,836
Galbraith (1977), 52 Ohio St. 2d 158. 5,837
Section 4. The state board of emergency medical services, 5,839
with the advice and assistance of its trauma committee, shall 5,841
study and evaluate the following matters:
(A) The status and needs of emergency medical services and 5,843
adult and pediatric trauma care provided between this state and 5,845
other jurisdictions;
(B) Methods to improve specialized care provided by 5,847
emergency medical service organizations to pediatric and 5,848
geriatric trauma victims;
(C) The feasibility of recording and reporting information 5,850
to the state trauma registry by means of portable electronic 5,851
devices, such as electronic notepads. The study shall include an 5,852
analysis of the cost of acquiring, maintaining, and using such 5,854
devices, potential sources of funding, and training required to
ensure effective use of the devices. 5,855
(D) Methods to ensure that autopsies are performed on 5,857
appropriate trauma victims and autopsy data is reported to the 5,858
state trauma registry in a timely manner; 5,859
(E) Methods to increase advanced trauma life support, 5,861
basic trauma life support, and prehospital trauma life support 5,862
training among appropriate health care providers, particularly in 5,864
rural areas of the state;
(F) The roles hospitals that are not a trauma center play 5,866
in the state trauma system and regional trauma systems in this 5,867
state, and methods to enhance those roles; 5,868
(G) The causes and impact of trauma on minority 5,870
populations in this state and methods to improve emergency 5,871
medical services and trauma care for those populations. This 5,872
study shall be conducted in cooperation with the commission on 5,873
minority health.
In conducting its studies and developing its findings and 5,875
recommendations, the board shall consult the appropriate 5,876
139
committees and subcommittees of the board; regional directors; 5,877
regional physician advisory boards; organizations that represent 5,878
physicians, nurses, and hospitals that care for emergency and
trauma patients; emergency medical services organizations; 5,879
appropriate governmental entities; and the Ohio state coroners' 5,880
association, as appropriate.
Not later than three years after the effective date of this 5,882
act, the board shall report its findings and recommendations to 5,883
the Governor, the General Assembly, and other appropriate 5,884
authorities and organizations.
Section 5. The General Assembly finds that pediatric and 5,886
geriatric trauma patients have special medical needs that require 5,887
particular emphasis to improve outcomes for these patients. It 5,888
is the intent of the General Assembly to provide for these 5,889
special needs in a state trauma system and trauma triage
protocols approved by the State Board of Emergency Medical 5,890
Services.
The General Assembly recognizes that hospitals that operate 5,892
emergency facilities, but are not trauma centers, play an 5,893
important role in the prompt and appropriate diagnosis, 5,894
stabilization, and treatment of adult and pediatric trauma 5,895
patients. It is the intent of the General Assembly to enhance
the quality of emergency care such hospitals provide to trauma 5,896
patients and to integrate such hospitals into the state and 5,897
regional trauma systems provided for by this act. It is also the 5,899
intent of the General Assembly that community-based emergency 5,900
medical and trauma services be preserved and that nothing in this 5,901
act be construed as encouraging the overtriage of patients or the 5,902
unnecessary transfer of patients. 5,903
Section 6. The Director of Health shall organize and 5,905
coordinate a temporary commission to determine how to better 5,906
prevent traumatic injuries in this state. The commission's study 5,908
shall include, without limitation, consideration of how to
improve public safety education and how to prevent pediatric and 5,909
140
geriatric injuries. 5,910
The Department of Public Safety, Department of Natural 5,912
Resources, Department of Agriculture, Department of Education, 5,913
Commission on Minority Health, and Bureau of Workers' 5,914
Compensation shall participate in and assist with the 5,915
commission's study.
Within ninety days after the effective date of this act, 5,917
the director shall appoint to the commission appropriate public 5,919
health authorities, entities that conduct safety research and 5,920
education, and advocates for injured persons. Commission members 5,921
shall have expertise in injury prevention, broadly represent 5,922
relevant disciplines, and represent all regions of the state. 5,923
Within ninety days after the effective date of this act, 5,925
the Speaker of the House of Representatives shall appoint to the 5,926
commission one member of the majority party and one member of the 5,927
minority party in the House of Representatives and the President 5,928
of the Senate shall appoint to the commission one member of the 5,929
majority party and one member of the minority party in the 5,930
Senate.
In conducting its study and developing its recommendations, 5,932
the commission shall consult and cooperate with the Trauma 5,934
Committee of the State Board of Emergency Medical Services. The 5,935
commission shall conclude its study and disband not later than 5,937
two years after the effective date of this section, whereupon the 5,938
director shall transmit the commission's findings and 5,939
recommendations to the Governor, General Assembly, chief
executive of each state agency specified in this section, and 5,940
other appropriate persons. 5,941
Section 7. The Director of Health shall organize and 5,943
coordinate a temporary commission to determine how to improve the 5,945
accessibility, affordability, quality, and cost-effectiveness of 5,946
post-critical adult and pediatric trauma care. The commission's 5,947
study shall include, without limitation, consideration of 5,948
appropriate transfer of adult and pediatric trauma victims from 5,949
141
regional trauma centers to other health care facilities; 5,950
physical, psychological, and vocational rehabilitation of adult 5,951
and pediatric trauma victims; re-employment of trauma victims; 5,953
social support mechanisms for families of adult and pediatric 5,954
trauma victims; and mitigation of the effects of pediatric and 5,956
geriatric trauma.
The Rehabilitation Services Commission, Department of 5,958
Aging, Bureau of Workers' Compensation, and Bureau of Employment 5,959
Services shall participate in and assist with the commission's 5,961
study.
Within ninety days after the effective date of this act, 5,963
the director shall appoint to the commission appropriate public 5,965
health authorities; entities that represent injury victims; 5,966
certified safety professionals; employers; employment training 5,967
and placement services; agricultural organizations; highway
safety and motorists' organizations; health insurers; providers 5,968
of social services to injury victims; nursing and rehabilitation 5,969
institutions; victims of violent crime; hospitals; and 5,970
professionals active in physical, psychological, and vocational 5,971
therapy. Commission members shall have expertise in 5,972
rehabilitation and retraining of injury victims, broadly 5,973
represent relevant disciplines, and represent all regions of the 5,974
state. Within ninety days after the effective date of this act, 5,975
the Speaker of the House of Representatives shall appoint to the 5,976
commission one member of the majority party and one member of the 5,977
minority party in the House of Representatives and the President
of the Senate shall appoint to the commission one member of the 5,978
majority party and one member of the minority party in the 5,979
Senate.
In conducting its study and developing its recommendations, 5,982
the commission shall consult with and cooperate with the Trauma 5,983
Committee of the State Board of Emergency Medical Services. The 5,984
commission shall conclude its study and disband not later than 5,985
two years after the effective date of this section, whereupon the 5,986
142
director shall transmit the commission's findings and 5,987
recommendations to the Governor, General Assembly, chief
executive of each state agency specified in this section, and 5,988
other appropriate persons. 5,989