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