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