As Reported by the Senate Health, Human Services and Aging 2
Committee
123rd General Assembly 5
Regular Session Sub. H. B. No. 138 6
1999-2000 7
REPRESENTATIVES SCHUCK-BARRETT-BENDER-EVANS-FORD-METELSKY- 10
D. MILLER-SULLIVAN-SYKES-PRINGLE-VAN VYVEN-VERICH-
WINKLER-YOUNG-BATEMAN-HAINES-OLMAN-DePIERO-BARNES-WILLIAMS- 11
WILLAMOWSKI-TERWILLEGER-VESPER-BRADING-OGG-ROBERTS-TIBERI- 12
SCHULER-PERRY-GOODMAN-JONES-CORBIN-CALLENDER-CALVERT-MOTTLEY- 13
AUSTRIA-O'BRIEN-THOMAS-FERDERBER-CATES-FLANNERY-PATTON-CLANCY- 14
DAMSCHRODER-SUTTON-JERSE-SALERNO-OPFER-MYERS- 16
SENATORS DRAKE-HAGAN-KEARNS-ARMBRUSTER-SPADA-JOHNSON
_________________________________________________________________ 18
A B I L L
To amend sections 9.60, 125.04, 125.13, 3729.17, 21
3737.66, 4511.191, 4511.81, 4511.99, 4513.263,
4513.99, 4765.01, 4765.02, 4765.03, 4765.05, 23
4765.06, 4765.07, 4765.09, 4765.10, 4765.11,
4765.15, 4765.16, 4765.30, 4765.32, 4765.35, 24
4765.37, 4765.38, 4765.39, 4765.40, 4765.50, 25
4765.55, 4767.08, 5502.01, 5503.04, and 5739.02 26
and to enact sections 3727.081, 3727.09, 3727.10,
4765.04, 4765.12, and 4765.41 of the Revised Code 28
to provide quality assurance for adult and 29
pediatric trauma care and to make other changes 30
in the laws regarding emergency medical services 32
and fire services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 34
Section 1. That sections 9.60, 125.04, 125.13, 3729.17, 37
3737.66, 4511.191, 4511.81, 4511.99, 4513.263, 4513.99, 4765.01, 38
4765.02, 4765.03, 4765.05, 4765.06, 4765.07, 4765.09, 4765.10, 39
4765.11, 4765.15, 4765.16, 4765.30, 4765.32, 4765.35, 4765.37, 40
2
4765.38, 4765.39, 4765.40, 4765.50, 4765.55, 4767.08, 5502.01, 41
5503.04, and 5739.02 be amended and sections 3727.081, 3727.09, 42
3727.10, 4765.04, 4765.12, and 4765.41 of the Revised Code be 44
enacted to read as follows:
Sec. 9.60. (A) As used in this section: 53
(1) "EMERGENCY MEDICAL SERVICE" AND "EMERGENCY MEDICAL 55
SERVICE ORGANIZATION" HAVE THE SAME MEANINGS AS IN SECTION 56
4765.01 OF THE REVISED CODE.
(2) "FIRE PROTECTION" MEANS THE USE OF FIREFIGHTING 58
EQUIPMENT BY THE FIRE DEPARTMENT OF A FIREFIGHTING AGENCY OR A 59
PRIVATE FIRE COMPANY, AND INCLUDES THE PROVISION OF AMBULANCE, 61
EMERGENCY MEDICAL, AND RESCUE SERVICES BY THOSE ENTITIES.
(3) "Firefighting agency" means a municipal corporation, 63
township, township fire district, joint ambulance district, joint 64
emergency medical services district, or joint fire district. 66
(2) "Private fire company" means any nonprofit group or 68
organization owning and operating firefighting equipment not 69
controlled by any firefighting agency. 70
(3) "Governing board" means the board of county 72
commissioners in the case of a county; the legislative authority 73
in the case of a municipal corporation; the board of trustees of 74
a joint ambulance district in the case of a joint ambulance 75
district; the board of trustees of a joint emergency medical 76
services district in the case of a joint emergency medical 77
services district; the board of township trustees in the case of 78
a township or township fire district; the board of fire district 79
trustees in the case of a joint fire district; and the board of 80
trustees in the case of a private fire company. 81
(4) "Fire protection" includes the provision of ambulance, 83
emergency medical, and rescue service by the fire department of a 84
firefighting agency or by a private fire company and the 85
extension of the use of firefighting apparatus or firefighting 86
equipment PRIVATE FIRE COMPANY" MEANS A NONPROFIT GROUP OR 89
ORGANIZATION OWNING AND OPERATING FIREFIGHTING EQUIPMENT NOT
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CONTROLLED BY A FIREFIGHTING AGENCY. 90
(B) Any firefighting agency or, private fire company, OR 93
PUBLIC OR PRIVATE EMERGENCY MEDICAL SERVICE ORGANIZATION may
contract with any state agency or instrumentality, county, or 94
political subdivision of this state or with a governmental entity 95
of an adjoining state IN THIS STATE OR ANOTHER JURISDICTION to 96
provide fire protection OR EMERGENCY MEDICAL SERVICES, AS 97
APPROPRIATE, whether on a regular basis or only in times of 99
emergency, upon the approval of the governing boards of the 100
counties, firefighting agencies, political subdivisions, or 101
private fire companies or the administrative heads of the state 102
agencies or instrumentalities ENTITIES that are parties to the 104
contract.
(C) Any county, political subdivision, or state agency or 106
instrumentality GOVERNMENTAL ENTITY IN THIS STATE may contract 107
with a ANY firefighting agency of this state, a private fire 109
company, or a governmental entity of an adjoining state PUBLIC OR 110
PRIVATE EMERGENCY MEDICAL SERVICE ORGANIZATION OF THIS STATE OR 111
ANOTHER JURISDICTION to obtain fire protection OR EMERGENCY 112
MEDICAL SERVICES, AS APPROPRIATE, whether on a regular basis or 114
only in times of emergency, upon the authorization APPROVAL of 115
the governing boards of the counties, firefighting agencies, 116
political subdivisions, or private fire companies or 117
administrative heads of the state agencies or instrumentalities 118
ENTITIES that are parties to the contract. 119
(D) Any firefighting agency of this state or any, private 121
fire company, OR PUBLIC OR PRIVATE EMERGENCY MEDICAL SERVICE 122
ORGANIZATION may provide fire protection OR EMERGENCY MEDICAL 123
SERVICES, AS APPROPRIATE, to any state agency or instrumentality, 125
county, or political subdivision of this state, or to a 126
governmental entity of an adjoining state IN THIS STATE OR 127
ANOTHER JURISDICTION, without a contract to provide fire 128
protection OR EMERGENCY MEDICAL SERVICES, upon the approval of 129
the governing board of the firefighting agency or private fire, 131
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company, OR ORGANIZATION and upon authorization of BY an officer 133
or employee of the firefighting agency providing the fire 134
protection, COMPANY, OR ORGANIZATION designated by THAT 135
INDIVIDUAL'S title of their, office, or position pursuant to the 136
authorization of the governing board of the firefighting agency, 138
COMPANY, OR ORGANIZATION. 139
(E) Chapter 2744. of the Revised Code, insofar as it is 141
applicable to the operation of fire departments, applies to the 142
firefighting agencies and fire department members when such 143
members are rendering service outside the boundaries of the 144
firefighting agency pursuant to this section. 145
Fire department members acting outside the boundaries of 147
the firefighting agency by which they are employed OR EMERGENCY 149
MEDICAL SERVICE ORGANIZATIONS, APPLIES TO A POLITICAL SUBDIVISION 150
THAT IS OPERATING A FIRE DEPARTMENT OR EMERGENCY MEDICAL SERVICE 151
ORGANIZATION, AND TO THE MEMBERS OF THE FIRE DEPARTMENT OR 152
EMERGENCY MEDICAL SERVICE ORGANIZATION, WHEN THE MEMBERS ARE 153
RENDERING SERVICE PURSUANT TO THIS SECTION OUTSIDE THE BOUNDARIES
OF THE POLITICAL SUBDIVISION. 154
MEMBERS ACTING OUTSIDE THE BOUNDARIES OF THE POLITICAL 156
SUBDIVISION THAT IS OPERATING THE FIRE DEPARTMENT OR EMERGENCY 157
MEDICAL SERVICE ORGANIZATION may participate in any pension or 158
indemnity fund established by their employer THE POLITICAL 159
SUBDIVISION to the same extent as while acting within the 160
boundaries of the firefighting agency POLITICAL SUBDIVISION, and 161
are entitled to all the rights and benefits of Chapter 4123. of 163
the Revised Code, to the same extent as while performing service 164
within the boundaries of the firefighting agency POLITICAL 165
SUBDIVISION.
(F) A PRIVATE FIRE COMPANY OR PRIVATE, NONPROFIT EMERGENCY 167
MEDICAL SERVICE ORGANIZATION PROVIDING SERVICE PURSUANT TO THIS 169
SECTION TO A GOVERNMENTAL ENTITY IN THIS STATE OR ANOTHER 170
JURISDICTION HAS THE SAME IMMUNITIES AND DEFENSES IN A CIVIL 172
ACTION THAT A POLITICAL SUBDIVISION HAS UNDER SECTION 2744.02 OF
5
THE REVISED CODE. THE EMPLOYEES OF SUCH A FIRE COMPANY OR 173
EMERGENCY MEDICAL SERVICE ORGANIZATION HAVE THE SAME IMMUNITIES 174
AND DEFENSES IN A CIVIL ACTION THAT EMPLOYEES OF A POLITICAL 175
SUBDIVISION HAVE UNDER SECTION 2744.03 OF THE REVISED CODE. 176
Sec. 125.04. (A) Except as provided in division (D) of 185
this section, the department of administrative services shall 186
determine what supplies and services are purchased by or for 187
state agencies. Whenever the department of administrative 188
services makes any change or addition to the lists of supplies 189
and services that it determines to purchase for state agencies, 190
it shall provide a list to the agencies of the changes or 191
additions and indicate when the department will be prepared to 192
furnish each item listed. Except for the requirements of 193
division (B) of section 125.11 of the Revised Code, sections 194
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not 195
apply to or affect the educational institutions of the state. 196
The department shall not include the bureau of workers' 197
compensation in the lists of supplies, equipment, and services 198
purchased and furnished by the department. 199
Nothing in this division precludes the bureau from entering 201
into a contract with the department for the department to perform 202
services relative to supplies, equipment, and services contained 203
in this division for the bureau. 204
(B)(1) As used in this division, "political: 206
(a) "EMERGENCY MEDICAL SERVICE ORGANIZATION" HAS THE SAME 208
MEANING AS IN SECTION 4765.01 OF THE REVISED CODE. 209
(b) "POLITICAL subdivision" means any county, township, 212
municipal corporation, school district, conservancy district, 213
township park district, park district created under Chapter 1545. 214
of the Revised Code, regional transit authority, regional airport 215
authority, regional water and sewer district, or port authority. 216
"Political subdivision" also includes any other political 217
subdivision described in the Revised Code that has been approved 218
by the department to participate in the department's contracts
6
under this division. 219
(c) "PRIVATE FIRE COMPANY" HAS THE SAME MEANING AS IN 221
SECTION 9.60 OF THE REVISED CODE. 222
(2) Subject to division (C) of this section, the 224
department of administrative services may permit a political 226
subdivision, PRIVATE FIRE COMPANY, OR PRIVATE, NONPROFIT 227
EMERGENCY MEDICAL SERVICE ORGANIZATION to participate in 229
contracts into which the department has entered for the purchase 230
of supplies and services. Any THE DEPARTMENT MAY CHARGE THE 231
ENTITY A REASONABLE FEE TO COVER THE ADMINISTRATIVE COSTS THE 232
DEPARTMENT INCURS AS A RESULT OF PARTICIPATION BY THE ENTITY IN 233
SUCH A PURCHASE CONTRACT.
A political subdivision desiring to participate in such 236
purchase contracts shall file with the department a certified 237
copy of an ordinance or resolution of the legislative authority 238
or governing board of the political subdivision. The resolution 239
or ordinance shall request that the political subdivision be 240
authorized to participate in such contracts and shall agree that 241
the political subdivision will be bound by such terms and 242
conditions as the department prescribes and that it will directly 243
pay the vendor under each purchase contract. The department may 244
charge a political subdivision a reasonable fee to cover the 245
administrative costs the department incurs as a result of the 246
subdivision's participation in the purchase contract. Purchases 247
made by a political subdivision under this division are exempt 248
from any competitive selection procedures otherwise required by 249
law. No political subdivision shall make any purchase under this 250
division when bids have been received for such purchase by the 251
subdivision, unless such purchase can be made upon the same 252
terms, conditions, and specifications at a lower price under this 253
division A PRIVATE FIRE COMPANY OR PRIVATE, NONPROFIT EMERGENCY 255
MEDICAL SERVICE ORGANIZATION DESIRING TO PARTICIPATE IN SUCH 256
PURCHASE CONTRACTS SHALL FILE WITH THE DEPARTMENT A WRITTEN 257
REQUEST FOR INCLUSION IN THE PROGRAM SIGNED BY THE CHIEF OFFICER 258
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OF THE COMPANY OR ORGANIZATION. THE REQUEST SHALL INCLUDE AN 259
AGREEMENT TO BE BOUND BY SUCH TERMS AND CONDITIONS AS THE
DEPARTMENT PRESCRIBES AND TO MAKE DIRECT PAYMENTS TO THE VENDOR 260
UNDER EACH PURCHASE CONTRACT. 261
The department shall include in its annual report an 263
estimate of the cost it incurs by permitting political 264
subdivisions, PRIVATE FIRE COMPANIES, AND PRIVATE, NONPROFIT 265
EMERGENCY MEDICAL SERVICE ORGANIZATIONS to participate in 267
contracts pursuant to this division. The department may require 268
political subdivisions participating in contracts pursuant to 269
this division SUCH ENTITIES to file a report with the department, 271
as often as it finds necessary, stating how many such contracts 272
the political subdivisions participate ENTITIES PARTICIPATED in 273
within a specified period of time, and any other information the 275
department requires.
(3) PURCHASES MADE BY A POLITICAL SUBDIVISION UNDER THIS 277
DIVISION ARE EXEMPT FROM ANY COMPETITIVE SELECTION PROCEDURES 278
OTHERWISE REQUIRED BY LAW. NO POLITICAL SUBDIVISION SHALL MAKE 279
ANY PURCHASE UNDER THIS DIVISION WHEN BIDS HAVE BEEN RECEIVED FOR 280
SUCH PURCHASE BY THE SUBDIVISION, UNLESS SUCH PURCHASE CAN BE 281
MADE UPON THE SAME TERMS, CONDITIONS, AND SPECIFICATIONS AT A
LOWER PRICE UNDER THIS DIVISION. 282
(C) A political subdivision as defined in division (B) of 284
this section may purchase supplies or services from another 286
party, including another political subdivision, instead of
through participation in contracts described in division (B) of 288
this section if the political subdivision can purchase those 289
supplies or services from the other party upon equivalent terms, 290
conditions, and specifications but at a lower price than it can 291
through those contracts. Purchases that a political subdivision 292
makes under this division are exempt from any competitive 293
selection procedures otherwise required by law. A political 294
subdivision that makes any purchase under this division shall 295
maintain sufficient information regarding the purchase to verify 297
8
that the political subdivision satisfied the conditions for 298
making a purchase under this division. Nothing in this division 299
restricts any action taken by a county or township as authorized 301
by division (A) of section 9.48 of the Revised Code. 302
(D) This section does not apply to supplies or services 304
required by the legislative or judicial branches, boards of 305
elections, the capitol square review and advisory board, the 306
adjutant general, to supplies or services purchased by a state 307
agency directly as provided in division (A) or (E) of section 308
125.05 of the Revised Code, to purchases of supplies or services 310
for the emergency management agency as provided in section 311
125.023 of the Revised Code, or to purchases of supplies or 312
services for the department of rehabilitation and correction in 313
its operation of the program for the employment of prisoners 314
established under section 5145.16 of the Revised Code that shall 315
be made pursuant to rules adopted by the director of 316
administrative services and the director of rehabilitation and 317
correction in accordance with Chapter 119. of the Revised Code. 318
The rules may provide for the exemption of the program for the 319
employment of prisoners from the requirements of division (A) of 320
this section.
Sec. 125.13. (A) AS USED IN THIS SECTION: 329
(1) "EMERGENCY MEDICAL SERVICE ORGANIZATION" HAS THE SAME 332
MEANING AS IN SECTION 4765.01 OF THE REVISED CODE.
(2) "PRIVATE FIRE COMPANY" HAS THE SAME MEANING AS IN 334
SECTION 9.60 OF THE REVISED CODE.
(B) Except as otherwise provided in section 5139.03 of the 337
Revised Code, whenever a state agency determines that it has 338
excess or surplus supplies, it shall notify the director of 339
administrative services. Upon request by the director and on
forms provided by the director, the state agency shall furnish to 341
the director a list of all those excess and surplus supplies and 342
an appraisal of their value. 343
(B)(C) The director of administrative services shall take 345
9
immediate control of a state agency's excess and surplus 347
supplies, except for the following excess and surplus supplies: 348
(1) Excess or surplus supplies that have a value below the 350
minimum value that the director establishes for excess and 351
surplus supplies under division (E)(F) of this section; 352
(2) Excess or surplus supplies that the director has 354
authorized an agency to donate to a public entity, including, but 355
not limited to, public schools and surplus computers and computer 356
equipment transferred to a public school under division (G)(H) of 357
this section;
(3) Excess or surplus supplies that an agency trades in as 359
full or partial payment when purchasing a replacement item; 360
(4) Hazardous property. 362
(C)(D) The director shall inventory excess and surplus 365
supplies in the director's control and may have the supplies 366
repaired.
(D)(E) The director may do either of the following: 368
(1) Dispose of declared surplus or excess supplies in the 371
director's control by sale, lease, donation, or transfer. If the 372
director does so, the director shall dispose of those supplies in 373
the following order of priority: 374
(a) To state agencies; 376
(b) To state-supported or state-assisted institutions of 378
higher education; 379
(c) To tax-supported agencies, municipal corporations, or 381
other political subdivisions of this state, PRIVATE FIRE 382
COMPANIES, OR PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE 383
ORGANIZATIONS;
(d) To nonpublic elementary and secondary schools 385
chartered by the state board of education under section 3301.16 386
of the Revised Code;
(e) To the general public by auction, sealed bid, or 388
negotiation. 389
(2) If the director has attempted to dispose of any 391
10
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
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, 426
OR PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE ORGANIZATION 427
shall sell, lease, or transfer excess or surplus supplies 429
acquired under this section to private entities or the general 430
public at a price greater than the price it originally paid for 431
those supplies.
(G)(H) The director of administrative services may 433
11
authorize any state agency to transfer surplus computers and 435
computer equipment that are not needed by other state agencies 436
directly to an accredited public school within the state. The 437
computers and computer equipment may be repaired or refurbished 438
prior to transfer. The state agency may charge a service fee to
the public schools for the property not to exceed the direct cost 439
of repairing or refurbishing it. The state agency shall deposit 440
such funds into the account used for repair or refurbishment. 441
Sec. 3727.081. (A) AS USED IN THIS SECTION: 443
(1) "TRAUMA," "TRAUMA CARE," AND "TRAUMA CENTER" HAVE THE 445
SAME MEANINGS AS IN SECTION 4765.01 OF THE REVISED CODE. 446
(2) "STABILIZE" AND "TRANSFER" HAVE THE SAME MEANINGS AS 448
IN SECTION 1753.28 OF THE REVISED CODE. 449
(B) NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF 451
THIS SECTION, THE DIRECTOR SHALL ADOPT RULES THAT ESTABLISH 453
STANDARDS AND PROCEDURES FOR DESIGNATING HOSPITALS UNDER THIS 455
SECTION AS LEVEL II PEDIATRIC TRAUMA CENTERS. THE RULES SHALL 456
INCLUDE STANDARDS TO BE FOLLOWED BY A HOSPITAL OPERATING AS A 457
LEVEL II PEDIATRIC TRAUMA CENTER UNDER THE DIRECTOR'S DESIGNATION 458
AND PROCEDURES TO BE USED BY THE DIRECTOR IN ENFORCING THOSE 459
STANDARDS. ALL RULES ADOPTED UNDER THIS DIVISION SHALL BE 461
ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 462
(C) IF A HOSPITAL HAS BEEN DENIED VERIFICATION AS A 464
PEDIATRIC TRAUMA CENTER BY THE AMERICAN COLLEGE OF SURGEONS 466
SOLELY BECAUSE THE HOSPITAL DOES NOT MEET THAT ORGANIZATION'S
ANESTHESIA AND SURGICAL STAFFING STANDARDS, THE HOSPITAL MAY 468
SUBMIT AN APPLICATION TO THE DIRECTOR OF HEALTH TO RECEIVE THE 470
DIRECTOR'S DESIGNATION OF THE HOSPITAL AS A LEVEL II PEDIATRIC 471
TRAUMA CENTER. IN A TIMELY MANNER, THE DIRECTOR SHALL REVIEW ALL 472
APPLICATIONS RECEIVED, EXCEPT THAT THE DIRECTOR SHALL CEASE 473
REVIEWING APPLICATIONS ON DECEMBER 31, 2003. ANY APPLICATION 474
PENDING ON THAT DATE IS VOID. 475
(D) BEFORE DESIGNATING A HOSPITAL AS A LEVEL II PEDIATRIC 478
TRAUMA CENTER, THE DIRECTOR MAY CONDUCT AN INSPECTION OF THE 479
12
HOSPITAL. THE INSPECTION MAY BE CONDUCTED BY USING A CONTRACTOR 481
OF THE DEPARTMENT OF HEALTH WITH APPROPRIATE COMPETENCE AND
INDEPENDENCE. 482
(E) THE DIRECTOR SHALL DESIGNATE A HOSPITAL AS A LEVEL II 485
PEDIATRIC TRAUMA CENTER IF THE HOSPITAL HAS SUBMITTED A COMPLETE
APPLICATION AND THE DIRECTOR FINDS THAT ALL OF THE FOLLOWING 487
APPLY:
(1) THE HOSPITAL HAS ESTABLISHED TRAUMA CARE PROTOCOLS 489
THAT ENSURE A SURGEON AND ANESTHESIOLOGIST ARE AVAILABLE FROM 491
OUTSIDE THE HOSPITAL IN A TIMELY MANNER AND ON SHORT NOTICE. 492
(2) THE HOSPITAL'S PROTOCOLS ENSURE THAT THE SURGEON WILL 494
PARTICIPATE IN THE EARLY CARE OF A TRAUMA PATIENT. 495
(3) THE HOSPITAL HAS ADHERED TO ITS PROTOCOLS AND THE 497
HOSPITAL'S PERFORMANCE HAS MET THE EXPECTED OUTCOMES, AS 498
EVIDENCED BY DATA OBTAINED FROM A REVIEW OF AT LEAST TWO YEARS OF 499
THE HOSPITAL'S TRAUMA CARE ACTIVITIES. 500
(4) THE CARE OF PATIENTS WILL NOT BE COMPROMISED BY 502
DESIGNATING THE HOSPITAL AS A LEVEL II PEDIATRIC TRAUMA CENTER. 503
(F) A HOSPITAL'S DESIGNATION UNDER THIS SECTION EXPIRES 506
DECEMBER 31, 2004, UNLESS EARLIER SUSPENDED OR REVOKED BY THE 507
DIRECTOR OR SURRENDERED BY THE HOSPITAL. ANY ACTION BY THE 508
DIRECTOR TO SUSPEND OR REVOKE A HOSPITAL'S DESIGNATION SHALL BE 509
TAKEN IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 511
(G) THE DIRECTOR OF HEALTH AND ANY EMPLOYEE OR CONTRACTOR 513
OF THE DEPARTMENT OF HEALTH SHALL NOT MAKE PUBLIC ANY INFORMATION 514
REPORTED TO OR COLLECTED BY THE DEPARTMENT OF HEALTH UNDER THIS 515
SECTION OR RULES ADOPTED UNDER IT THAT IDENTIFIES OR WOULD TEND 516
TO IDENTIFY SPECIFIC PATIENTS. 517
Sec. 3727.09. (A) NOT LATER THAN TWO YEARS AFTER THE 519
EFFECTIVE DATE OF THIS SECTION, EACH HOSPITAL IN THIS STATE THAT 520
IS NOT A TRAUMA CENTER SHALL ADOPT PROTOCOLS FOR ADULT AND 521
PEDIATRIC TRAUMA CARE PROVIDED IN OR BY THAT HOSPITAL; EACH 522
HOSPITAL IN THIS STATE THAT IS AN ADULT TRAUMA CENTER AND NOT A 523
LEVEL I OR LEVEL II PEDIATRIC TRAUMA CENTER SHALL ADOPT PROTOCOLS 524
13
FOR PEDIATRIC TRAUMA CARE PROVIDED IN OR BY THAT HOSPITAL; EACH 525
HOSPITAL IN THIS STATE THAT IS A PEDIATRIC TRAUMA CENTER AND NOT
A LEVEL I AND II ADULT TRAUMA CENTER SHALL ADOPT PROTOCOLS FOR 526
ADULT TRAUMA CARE PROVIDED IN OR BY THAT HOSPITAL. IN DEVELOPING 527
ITS TRAUMA CARE PROTOCOLS, EACH HOSPITAL SHALL CONSIDER THE 528
GUIDELINES FOR TRAUMA CARE ESTABLISHED BY THE AMERICAN COLLEGE OF 529
SURGEONS, THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, AND THE 530
AMERICAN ACADEMY OF PEDIATRICS. TRAUMA CARE PROTOCOLS SHALL BE 531
WRITTEN, COMPLY WITH APPLICABLE FEDERAL AND STATE LAWS, AND 532
INCLUDE POLICIES AND PROCEDURES WITH RESPECT TO ALL OF THE 533
FOLLOWING:
(1) EVALUATION OF TRAUMA PATIENTS, INCLUDING CRITERIA FOR 535
PROMPT IDENTIFICATION OF TRAUMA PATIENTS WHO REQUIRE A LEVEL OF 536
ADULT OR PEDIATRIC TRAUMA CARE THAT EXCEEDS THE HOSPITAL'S 537
CAPABILITIES;
(2) EMERGENCY TREATMENT AND STABILIZATION OF TRAUMA 539
PATIENTS PRIOR TO TRANSFER TO AN APPROPRIATE ADULT OR PEDIATRIC 540
TRAUMA CENTER;
(3) TIMELY TRANSFER OF TRAUMA PATIENTS TO APPROPRIATE 542
ADULT OR PEDIATRIC TRAUMA CENTERS BASED ON A PATIENT'S MEDICAL 543
NEEDS. TRAUMA PATIENT TRANSFER PROTOCOLS SHALL SPECIFY ALL OF 544
THE FOLLOWING:
(a) CONFIRMATION OF THE ABILITY OF THE RECEIVING TRAUMA 546
CENTER TO PROVIDE PROMPT ADULT OR PEDIATRIC TRAUMA CARE 547
APPROPRIATE TO A PATIENT'S MEDICAL NEEDS; 548
(b) PROCEDURES FOR SELECTING AN APPROPRIATE ALTERNATIVE 550
ADULT OR PEDIATRIC TRAUMA CENTER TO RECEIVE A PATIENT WHEN IT IS 551
NOT FEASIBLE OR SAFE TO TRANSPORT THE PATIENT TO A PARTICULAR 552
TRAUMA CENTER;
(c) ADVANCE NOTIFICATION AND APPROPRIATE MEDICAL 554
CONSULTATION WITH THE TRAUMA CENTER TO WHICH A TRAUMA PATIENT IS 555
BEING, OR WILL BE, TRANSFERRED; 556
(d) PROCEDURES FOR SELECTING AN APPROPRIATE METHOD OF 558
TRANSPORTATION AND THE HOSPITAL RESPONSIBLE FOR ARRANGING OR 559
14
PROVIDING THE TRANSPORTATION; 560
(e) CONFIRMATION OF THE ABILITY OF THE PERSONS AND VEHICLE 562
THAT WILL TRANSPORT A TRAUMA PATIENT TO PROVIDE APPROPRIATE ADULT 563
OR PEDIATRIC TRAUMA CARE; 564
(f) ASSURED COMMUNICATION WITH, AND APPROPRIATE MEDICAL 566
DIRECTION OF, THE PERSONS TRANSPORTING A TRAUMA PATIENT TO A 567
TRAUMA CENTER;
(g) IDENTIFICATION AND TIMELY TRANSFER OF APPROPRIATE 569
MEDICAL RECORDS OF THE TRAUMA PATIENT BEING TRANSFERRED; 570
(h) THE HOSPITAL RESPONSIBLE FOR CARE OF A PATIENT IN 572
TRANSIT;
(i) THE RESPONSIBILITIES OF THE PHYSICIAN ATTENDING A 574
PATIENT AND, IF DIFFERENT, THE PHYSICIAN WHO AUTHORIZES A 575
TRANSFER OF THE PATIENT;
(j) PROCEDURES FOR DETERMINING, IN CONSULTATION WITH AN 577
APPROPRIATE ADULT OR PEDIATRIC TRAUMA CENTER AND THE PERSONS WHO 578
WILL TRANSPORT A TRAUMA PATIENT, WHEN TRANSPORTATION OF THE 579
PATIENT TO A TRAUMA CENTER MAY BE DELAYED FOR EITHER OF THE 580
FOLLOWING REASONS:
(i) IMMEDIATE TRANSFER OF THE PATIENT IS UNSAFE DUE TO 582
ADVERSE WEATHER OR GROUND CONDITIONS. 583
(ii) NO TRAUMA CENTER IS ABLE TO PROVIDE APPROPRIATE ADULT 586
OR PEDIATRIC TRAUMA CARE TO THE PATIENT WITHOUT UNDUE DELAY. 587
(4) PEER REVIEW AND QUALITY ASSURANCE PROCEDURES FOR ADULT 589
AND PEDIATRIC TRAUMA CARE PROVIDED IN OR BY THE HOSPITAL. 590
(B)(1) NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE 592
OF THIS SECTION, EACH HOSPITAL SHALL ENTER INTO ALL OF THE 593
FOLLOWING WRITTEN AGREEMENTS UNLESS OTHERWISE PROVIDED IN 594
DIVISION (B)(2) OF THIS SECTION: 595
(a) AN AGREEMENT WITH ONE OR MORE ADULT TRAUMA CENTERS IN 597
EACH LEVEL OF CATEGORIZATION AS A TRAUMA CENTER HIGHER THAN THE 598
HOSPITAL THAT GOVERNS THE TRANSFER OF ADULT TRAUMA PATIENTS FROM 599
THE HOSPITAL TO THOSE TRAUMA CENTERS; 600
(b) AN AGREEMENT WITH ONE OR MORE PEDIATRIC TRAUMA CENTERS 602
15
IN EACH LEVEL OF CATEGORIZATION AS A TRAUMA CENTER HIGHER THAN 603
THE HOSPITAL THAT GOVERNS THE TRANSFER OF PEDIATRIC TRAUMA 604
PATIENTS FROM THE HOSPITAL TO THOSE TRAUMA CENTERS. 605
(2) A LEVEL I OR LEVEL II ADULT TRAUMA CENTER IS NOT 607
REQUIRED TO ENTER INTO AN ADULT TRAUMA PATIENT TRANSFER AGREEMENT 608
WITH ANOTHER HOSPITAL. A LEVEL I OR LEVEL II PEDIATRIC TRAUMA 609
CENTER IS NOT REQUIRED TO ENTER INTO A PEDIATRIC TRAUMA PATIENT 610
TRANSFER AGREEMENT WITH ANOTHER HOSPITAL. A HOSPITAL IS NOT 611
REQUIRED TO ENTER INTO AN ADULT TRAUMA PATIENT TRANSFER AGREEMENT 612
WITH A LEVEL III OR LEVEL IV ADULT TRAUMA CENTER, OR ENTER INTO A 613
PEDIATRIC TRAUMA PATIENT TRANSFER AGREEMENT WITH A LEVEL III OR 614
LEVEL IV PEDIATRIC TRAUMA CENTER, IF NO TRAUMA CENTER OF THAT 615
TYPE IS REASONABLY AVAILABLE TO RECEIVE TRAUMA PATIENTS 616
TRANSFERRED FROM THE HOSPITAL.
(3) A TRAUMA PATIENT TRANSFER AGREEMENT ENTERED INTO BY A 618
HOSPITAL UNDER DIVISION (B)(1) OF THIS SECTION SHALL COMPLY WITH 619
APPLICABLE FEDERAL AND STATE LAWS AND CONTAIN PROVISIONS 620
CONFORMING TO THE REQUIREMENTS FOR TRAUMA CARE PROTOCOLS SET 621
FORTH IN DIVISION (A) OF THIS SECTION.
(C) A HOSPITAL SHALL MAKE TRAUMA CARE PROTOCOLS IT ADOPTS 623
UNDER DIVISION (A) OF THIS SECTION AND TRAUMA PATIENT TRANSFER 624
AGREEMENTS IT ADOPTS UNDER DIVISION (B) OF THIS SECTION AVAILABLE 625
FOR PUBLIC INSPECTION DURING NORMAL WORKING HOURS. A HOSPITAL 626
SHALL FURNISH A COPY OF SUCH DOCUMENTS UPON REQUEST AND MAY 627
CHARGE A REASONABLE AND NECESSARY FEE FOR DOING SO, PROVIDED THAT 628
UPON REQUEST IT SHALL FURNISH A COPY OF SUCH DOCUMENTS TO THE 629
DIRECTOR OF HEALTH FREE OF CHARGE.
Sec. 3727.10. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE 631
OF THIS SECTION, NO HOSPITAL IN THIS STATE SHALL KNOWINGLY DO ANY 632
OF THE FOLLOWING:
(A) REPRESENT THAT IT IS ABLE TO PROVIDE ADULT OR 634
PEDIATRIC TRAUMA CARE TO A SEVERELY INJURED PATIENT THAT IS 635
INCONSISTENT WITH ITS LEVEL OF CATEGORIZATION AS AN ADULT OR 636
PEDIATRIC TRAUMA CENTER, PROVIDED THAT A HOSPITAL THAT OPERATES 637
16
AN EMERGENCY FACILITY MAY REPRESENT THAT IT PROVIDES EMERGENCY 638
CARE;
(B) PROVIDE ADULT OR PEDIATRIC TRAUMA CARE TO A SEVERELY 640
INJURED PATIENT THAT IS INCONSISTENT WITH APPLICABLE FEDERAL 642
LAWS, STATE LAWS, AND TRAUMA CARE PROTOCOLS AND PATIENT TRANSFER 643
AGREEMENTS THE HOSPITAL HAS ADOPTED UNDER SECTION 3727.09 OF THE
REVISED CODE;
(C) TRANSFER A SEVERELY INJURED ADULT OR PEDIATRIC TRAUMA 645
PATIENT TO A HOSPITAL THAT IS NOT A TRAUMA CENTER WITH AN 647
APPROPRIATE LEVEL OF ADULT OR PEDIATRIC CATEGORIZATION OR 648
OTHERWISE TRANSFER A SEVERELY INJURED ADULT OR PEDIATRIC TRAUMA 649
PATIENT IN A MANNER INCONSISTENT WITH ANY APPLICABLE TRAUMA 650
PATIENT TRANSFER AGREEMENT ADOPTED BY THE HOSPITAL UNDER SECTION 651
3727.09 OF THE REVISED CODE.
Sec. 3729.17. (A) Except as provided in division (C) of 660
this section, each health care provider rendering services to a 661
patient whose care is paid in whole or in part by a public health 662
care program shall report to the Ohio health care data center, in 663
the form and manner prescribed by the director of health, the 664
information listed in divisions (A)(1) and (2) of this section 665
for each such patient included within any category listed under 666
division (B) of this section. Any request involving quality data 667
shall be in accordance with section 3729.36 of the Revised Code. 668
(1) The severity of the patient's condition; 670
(2) The patient's outcome and the effectiveness of the 672
services rendered. 673
(B) The information specified in division (A) of this 675
section shall be reported for the following categories of 676
patients: 677
(1) Maternal and infant health patients; 679
(2) Intensive care unit patients; 681
(3) Long-term care patients; 683
(4) Patients with terminal illnesses; 685
(5) Patients with cardio-vascular disease; 687
17
(6) Patients receiving trauma care services; 689
(7) Patients with low back pain; 691
(8)(7) Any other category of patient selected by the 693
director that is one of the one hundred high priority diagnoses 694
and one hundred high priority medical procedures analyzed by the 695
center under section 3729.12 of the Revised Code, EXCEPT TRAUMA 696
PATIENTS WITH RESPECT TO WHICH DATA IS REPORTED TO THE STATE 698
TRAUMA REGISTRY IN ACCORDANCE WITH RULES ADOPTED BY THE STATE 699
BOARD OF EMERGENCY MEDICAL SERVICES UNDER SECTIONS 4765.06 AND 700
4765.11 OF THE REVISED CODE.
(C) A health care provider is not required to report the 702
information required under division (A) of this section if the 703
information is reported by a provider to another state or local 704
governmental agency. In that case, the state or local agency 705
shall report the information required by division (A) of this 706
section to the data center in the form and manner prescribed by 707
the director. A health care provider or state or local 708
governmental agency also is not required to report the 709
information required under division (A) of this section if 711
reporting the information would violate a federal law or
regulation or any provision of the Revised Code. 712
Sec. 3737.66. No (A) AS USED IN THIS SECTION, 721
"FIREFIGHTING AGENCY" AND "PRIVATE FIRE COMPANY" HAVE THE SAME 722
MEANINGS AS IN SECTION 9.60 OF THE REVISED CODE. 723
(B) NO person shall call himself, hold himself out as 727
being, CLAIM TO THE PUBLIC TO BE or act as a fireman, volunteer 728
fireman, fire fighter FIREFIGHTER, volunteer fire fighter 730
FIREFIGHTER, member of a fire department, chief of a fire 731
department, or fire prevention officer unless at least one of the 732
following applies:
(A) He (1) THE PERSON is recognized as a fireman, 734
volunteer fireman, fire fighter FIREFIGHTER, volunteer fire 736
fighter FIREFIGHTER, member of a fire department, chief of a fire 738
department, or fire prevention officer by the fire marshal or has 739
18
received a certificate issued under former section 3303.07 or 740
section 4765.55 of the Revised Code evidencing his satisfactory 741
completion of a fire fighter FIREFIGHTER training program and has 742
been appointed by the GOVERNING board of fire district trustees, 744
township, or municipal corporation A FIREFIGHTING AGENCY or, in 745
the case of a volunteer fire fighter FIREFIGHTER, receives such a 746
certificate within one year after his appointment BY THE 747
GOVERNING BOARD OF A FIREFIGHTING AGENCY; 748
(B) He (2) THE PERSON is a member of a private fire 750
company as defined in division (A)(2) of section 9.60 of the 752
Revised Code and that company is providing fire protection in 753
accordance with division (B), (C), or (D) of section 9.60 of the 754
Revised Code.
Sec. 4511.191. (A) Any person who operates a vehicle upon 763
a highway or any public or private property used by the public 764
for vehicular travel or parking within this state shall be deemed 765
to have given consent to a chemical test or tests of the person's 767
blood, breath, or urine for the purpose of determining the 768
alcohol, drug, or alcohol and drug content of the person's blood, 769
breath, or urine if arrested for operating a vehicle while under 771
the influence of alcohol, a drug of abuse, or alcohol and a drug 772
of abuse or for operating a vehicle with a prohibited 773
concentration of alcohol in the blood, breath, or urine. The 774
chemical test or tests shall be administered at the request of a 775
police officer having reasonable grounds to believe the person to 776
have been operating a vehicle upon a highway or any public or 777
private property used by the public for vehicular travel or 778
parking in this state while under the influence of alcohol, a 779
drug of abuse, or alcohol and a drug of abuse or with a 780
prohibited concentration of alcohol in the blood, breath, or 781
urine. The law enforcement agency by which the officer is 782
employed shall designate which of the tests shall be
administered. 783
(B) Any person who is dead or unconscious, or who is 785
19
otherwise in a condition rendering the person incapable of 786
refusal, shall be deemed not to have withdrawn consent as 788
provided by division (A) of this section and the test or tests 789
may be administered, subject to sections 313.12 to 313.16 of the 790
Revised Code. 791
(C)(1) Any person under arrest for operating a vehicle 793
while under the influence of alcohol, a drug of abuse, or alcohol 794
and a drug of abuse or for operating a vehicle with a prohibited 795
concentration of alcohol in the blood, breath, or urine shall be 796
advised at a police station, or at a hospital, first-aid station, 797
or clinic to which the person has been taken for first-aid or 798
medical treatment, of both of the following: 799
(a) The consequences, as specified in division (E) of this 801
section, of the person's refusal to submit upon request to a 802
chemical test designated by the law enforcement agency as 804
provided in division (A) of this section; 805
(b) The consequences, as specified in division (F) of this 807
section, of the person's submission to the designated chemical 809
test if the person is found to have a prohibited concentration of 810
alcohol in the blood, breath, or urine. 811
(2)(a) The advice given pursuant to division (C)(1) of 813
this section shall be in a written form containing the 814
information described in division (C)(2)(b) of this section and 815
shall be read to the person. The form shall contain a statement 816
that the form was shown to the person under arrest and read to 817
the person in the presence of the arresting officer and either 819
another police officer, a civilian police employee, or an 820
employee of a hospital, first-aid station, or clinic, if any, to 821
which the person has been taken for first-aid or medical 822
treatment. The witnesses shall certify to this fact by signing 823
the form.
(b) The form required by division (C)(2)(a) of this 825
section shall read as follows: 826
"You now are under arrest for operating a vehicle while 828
20
under the influence of alcohol, a drug of abuse, or both alcohol 829
and a drug of abuse and will be requested by a police officer to 830
submit to a chemical test to determine the concentration of 831
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 832
blood, breath, or urine. 833
If you refuse to submit to the requested test or if you 835
submit to the requested test and are found to have a prohibited 836
concentration of alcohol in your blood, breath, or urine, your 837
driver's or commercial driver's license or permit or nonresident 838
operating privilege immediately will be suspended for the period 839
of time specified by law by the officer, on behalf of the 840
registrar of motor vehicles. You may appeal this suspension at 841
your initial appearance before the court that hears the charges 842
against you resulting from the arrest, and your initial 843
appearance will be conducted no later than five days after the 844
arrest. This suspension is independent of the penalties for the 845
offense, and you may be subject to other penalties upon 846
conviction." 847
(D)(1) If a person under arrest as described in division 849
(C)(1) of this section is not asked by a police officer to submit 850
to a chemical test designated as provided in division (A) of this 851
section, the arresting officer shall seize the Ohio or 852
out-of-state driver's or commercial driver's license or permit of 853
the person and immediately forward the seized license or permit 854
to the court in which the arrested person is to appear on the 855
charge for which the person was arrested. If the arrested person 856
does not have the person's driver's or commercial driver's 857
license or permit on the person's self or in the person's 858
vehicle, the arresting officer shall order the arrested person to 860
surrender it to the law enforcement agency that employs the 862
officer within twenty-four hours after the arrest, and, upon the 863
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 865
person is to appear on the charge for which the person was 866
21
arrested. Upon receipt of the license or permit, the court shall 868
retain it pending the initial appearance of the arrested person 869
and any action taken under section 4511.196 of the Revised Code. 870
If a person under arrest as described in division (C)(1) of 872
this section is asked by a police officer to submit to a chemical 873
test designated as provided in division (A) of this section and 874
is advised of the consequences of the person's refusal or 875
submission as provided in division (C) of this section and if the 876
person either refuses to submit to the designated chemical test 877
or the person submits to the designated chemical test and the 878
test results indicate that the person's blood contained a 879
concentration of ten-hundredths of one per cent or more by weight 880
of alcohol, the person's breath contained a concentration of 881
ten-hundredths of one gram or more by weight of alcohol per two 882
hundred ten liters of the person's breath, or the person's urine 883
contained a concentration of fourteen-hundredths of one gram or 885
more by weight of alcohol per one hundred milliliters of the 886
person's urine at the time of the alleged offense, the arresting 888
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 890
suspension upon the person that advises the person that, 891
independent of any penalties or sanctions imposed upon the person 893
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 895
license or permit or nonresident operating privilege is 896
suspended, that the suspension takes effect immediately, that the 897
suspension will last at least until the person's initial 898
appearance on the charge that will be held within five days after 900
the date of the person's arrest or the issuance of a citation to 902
the person, and that the person may appeal the suspension at the 904
initial appearance; seize the Ohio or out-of-state driver's or 905
commercial driver's license or permit of the person; and 906
immediately forward the seized license or permit to the 907
registrar. If the arrested person does not have the person's
22
driver's or commercial driver's license or permit on the person's 908
self or in the person's vehicle, the arresting officer shall 910
order the person to surrender it to the law enforcement agency 911
that employs the officer within twenty-four hours after the 912
service of the notice of suspension, and, upon the surrender, the 913
officer's employing agency immediately shall forward the license 914
or permit to the registrar. 915
(b) Verify the current residence of the person and, if it 917
differs from that on the person's driver's or commercial driver's 918
license or permit, notify the registrar of the change; 919
(c) In addition to forwarding the arrested person's 921
driver's or commercial driver's license or permit to the 922
registrar, send to the registrar, within forty-eight hours after 923
the arrest of the person, a sworn report that includes all of the 924
following statements: 925
(i) That the officer had reasonable grounds to believe 927
that, at the time s1of of the arrest, the arrested person was 928
operating a vehicle upon a highway or public or private property 929
used by the public for vehicular travel or parking within this 930
state while under the influence of alcohol, a drug of abuse, or 931
alcohol and a drug of abuse or with a prohibited concentration of 932
alcohol in the blood, breath, or urine; 933
(ii) That the person was arrested and charged with 935
operating a vehicle while under the influence of alcohol, a drug 936
of abuse, or alcohol and a drug of abuse or with operating a 937
vehicle with a prohibited concentration of alcohol in the blood, 938
breath, or urine; 939
(iii) That the officer asked the person to take the 941
designated chemical test, advised the person of the consequences 942
of submitting to the chemical test or refusing to take the 943
chemical test, and gave the person the form described in division 944
(C)(2) of this section; 945
(iv) That the person refused to submit to the chemical 947
test or that the person submitted to the chemical test and the 948
23
test results indicate that the person's blood contained a 949
concentration of ten-hundredths of one per cent or more by weight 951
of alcohol, the person's breath contained a concentration of 952
ten-hundredths of one gram or more by weight of alcohol per two 953
hundred ten liters of the person's breath, or the person's urine 954
contained a concentration of fourteen-hundredths of one gram or 956
more by weight of alcohol per one hundred milliliters of the 957
person's urine at the time of the alleged offense; 959
(v) That the officer served a notice of suspension upon 961
the person as described in division (D)(1)(a) of this section. 962
(2) The sworn report of an arresting officer completed 964
under division (D)(1)(c) of this section shall be given by the 965
officer to the arrested person 1at at the time of the arrest or 966
sent to the person by regular first class mail by the registrar 967
as soon thereafter as possible, but no later than fourteen days 968
after receipt of the report. An arresting officer may give an 969
unsworn report to the arrested person at the time of the arrest 970
provided the report is complete when given to the arrested person 971
and subsequently is sworn to by the arresting officer. As soon 972
as possible, but no later than forty-eight hours after the arrest 973
of the person, the arresting officer shall send a copy of the 974
sworn report to the court in which the arrested person is to 975
appear on the charge for which the person was arrested. 976
(3) The sworn report of an arresting officer completed and 978
sent to the registrar and the court under divisions (D)(1)(c) and 979
(D)(2) of this section is prima-facie proof of the information 980
and statements that it contains and shall be admitted and 981
considered as prima-facie proof of the information and statements 982
that it contains in any appeal under division (H) of this section 983
relative to any suspension of a person's driver's or commercial 984
driver's license or permit or nonresident operating privilege 985
that results from the arrest covered by the report. 986
(E)(1) Upon receipt of the sworn report of an arresting 988
officer completed and sent to the registrar and a court pursuant 989
24
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 990
person who refused to take the designated chemical test, the 991
registrar shall enter into the registrar's records the fact that 993
the person's driver's or commercial driver's license or permit or 994
nonresident operating privilege was suspended by the arresting 995
officer under division (D)(1)(a) of this section and the period 996
of the suspension, as determined under divisions (E)(1)(a) to (d) 997
of this section. The suspension shall be subject to appeal as 998
provided in this section and shall be for whichever of the 999
following periods applies: 1,000
(a) If the arrested person, within five years of the date 1,002
on which the person refused the request to consent to the 1,003
chemical test, had not refused a previous request to consent to a 1,005
chemical test of the person's blood, breath, or urine to 1,006
determine its alcohol content, the period of suspension shall be 1,008
one year. If the person is a resident without a license or 1,009
permit to operate a vehicle within this state, the registrar 1,010
shall deny to the person the issuance of a driver's or commercial 1,011
driver's license or permit for a period of one year after the 1,012
date of the alleged violation.
(b) If the arrested person, within five years of the date 1,014
on which the person refused the request to consent to the 1,015
chemical test, had refused one previous request to consent to a 1,017
chemical test of the person's blood, breath, or urine to 1,018
determine its alcohol content, the period of suspension or denial 1,020
shall be two years.
(c) If the arrested person, within five years of the date 1,022
on which the person refused the request to consent to the 1,023
chemical test, had refused two previous requests to consent to a 1,025
chemical test of the person's blood, breath, or urine to 1,026
determine its alcohol content, the period of suspension or denial 1,028
shall be three years.
(d) If the arrested person, within five years of the date 1,030
on which the person refused the request to consent to the 1,031
25
chemical test, had refused three or more previous requests to 1,033
consent to a chemical test of the person's blood, breath, or 1,034
urine to determine its alcohol content, the period of suspension 1,036
or denial shall be five years. 1,037
(2) The suspension or denial imposed under division (E)(1) 1,039
of this section shall continue for the entire one-year, two-year, 1,040
three-year, or five-year period, subject to appeal as provided in 1,041
this section and subject to termination as provided in division 1,042
(K) of this section. 1,043
(F) Upon receipt of the sworn report of an arresting 1,045
officer completed and sent to the registrar and a court pursuant 1,046
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 1,047
person whose test results indicate that the person's blood 1,048
contained a concentration of ten-hundredths of one per cent or 1,050
more by weight ofalcohol OF ALCOHOL, the person's breath 1,051
contained a concentration of ten-hundredths of one gram or more 1,053
by weight of alcohol per two hundred ten liters of the person's 1,054
breath, or the person's urine contained a concentration of 1,056
fourteen-hundredths of one gram or more by weight of alcohol per 1,057
one hundred milliliters of the person's urine at the time of the 1,058
alleged offense, the registrar shall enter into the registrar's 1,059
records the fact that the person's driver's or commercial 1,060
driver's license or permit or nonresident operating privilege was 1,061
suspended by the arresting officer under division (D)(1)(a) of 1,062
this section and the period of the suspension, as determined 1,063
under divisions (F)(1) to (4) of this section. The suspension 1,064
shall be subject to appeal as provided in this section and shall 1,065
be for whichever of the following periods that applies: 1,066
(1) Except when division (F)(2), (3), or (4) of this 1,068
section applies and specifies a different period of suspension or 1,069
denial, the period of the suspension or denial shall be ninety 1,070
days.
(2) The period of suspension or denial shall be one year 1,072
if the person has been convicted, within six years of the date 1,074
26
the test was conducted, of a violation of one of the following: 1,076
(a) Division (A) or (B) of section 4511.19 of the Revised 1,078
Code; 1,079
(b) A municipal ordinance relating to operating a vehicle 1,081
while under the influence of alcohol, a drug of abuse, or alcohol 1,083
and a drug of abuse; 1,084
(c) A municipal ordinance relating to operating a vehicle 1,086
with a prohibited concentration of alcohol in the blood, breath, 1,087
or urine; 1,088
(d) Section 2903.04 of the Revised Code in a case in which 1,090
the offender was subject to the sanctions described in division 1,091
(D) of that section; 1,092
(e) Division (A)(1) of section 2903.06 or division (A)(1) 1,095
of section 2903.08 of the Revised Code or a municipal ordinance 1,096
that is substantially similar to either of those divisions; 1,097
(f) Division (A)(2), (3), or (4) of section 2903.06, 1,100
division (A)(2) of section 2903.08, or former section 2903.07 of 1,101
the Revised Code, or a municipal ordinance that is substantially 1,102
similar to any of those divisions or that former section, in a 1,103
case in which the jury or judge found that at the time of the 1,105
commission of the offense the offender was under the influence of 1,106
alcohol, a drug of abuse, or alcohol and a drug of abuse; 1,107
(g) A statute of the United States or of any other state 1,110
or a municipal ordinance of a municipal corporation located in 1,111
any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code. 1,112
(3) If the person has been convicted, within six years of 1,114
the date the test was conducted, of two violations of a statute 1,115
or ordinance described in division (F)(2) of this section, the 1,117
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 1,119
the date the test was conducted, of more than two violations of a 1,120
statute or ordinance described in division (F)(2) of this 1,121
section, the period of the suspension or denial shall be three 1,122
27
years. 1,123
(G)(1) A suspension of a person's driver's or commercial 1,125
driver's license or permit or nonresident operating privilege 1,126
under division (D)(1)(a) of this section for the period of time 1,127
described in division (E) or (F) of this section is effective 1,128
immediately from the time at which the arresting officer serves 1,129
the notice of suspension upon the arrested person. Any 1,130
subsequent finding that the person is not guilty of the charge 1,131
that resulted in the person being requested to take, or in the 1,133
person taking, the chemical test or tests under division (A) of 1,134
this section affects the suspension only as described in division 1,135
(H)(2) of this section. 1,136
(2) If a person is arrested for operating a vehicle while 1,138
under the influence of alcohol, a drug of abuse, or alcohol and a 1,139
drug of abuse or for operating a vehicle with a prohibited 1,140
concentration of alcohol in the blood, breath, or urine and 1,141
regardless of whether the person's driver's or commercial 1,142
driver's license or permit or nonresident operating privilege is 1,143
or is not suspended under division (E) or (F) of this section, 1,144
the person's initial appearance on the charge resulting from the 1,145
arrest shall be held within five days of the person's arrest or 1,146
the issuance of the citation to the person, subject to any 1,147
continuance granted by the court pursuant to division (H)(1) of 1,149
this section regarding the issues specified in that division. 1,150
(H)(1) If a person is arrested for operating a vehicle 1,152
while under the influence of alcohol, a drug of abuse, or alcohol 1,153
and a drug of abuse or for operating a vehicle with a prohibited 1,154
concentration of alcohol in the blood, breath, or urine and if 1,155
the person's driver's or commercial driver's license or permit or 1,156
nonresident operating privilege is suspended under division (E) 1,157
or (F) of this section, the person may appeal the suspension at 1,158
the person's initial appearance on the charge resulting from the 1,161
arrest in the court in which the person will appear on that 1,162
charge. If the person appeals the suspension at the person's 1,163
28
initial appearance, the appeal does not stay the operation of the 1,164
suspension. Subject to division (H)(2) of this section, no court 1,165
has jurisdiction to grant a stay of a suspension imposed under 1,166
division (E) or (F) of this section, and any order issued by any 1,167
court that purports to grant a stay of any suspension imposed 1,168
under either of those divisions shall not be given administrative 1,169
effect.
If the person appeals the suspension at the person's 1,171
initial appearance, either the person or the registrar may 1,172
request a continuance of the appeal. Either the person or the 1,174
registrar shall make the request for a continuance of the appeal 1,175
at the same time as the making of the appeal. If either the 1,176
person or the registrar requests a continuance of the appeal, the 1,177
court may grant the continuance. The court also may continue the 1,178
appeal on its own motion. The granting of a continuance applies 1,179
only to the conduct of the appeal of the suspension and does not 1,180
extend the time within which the initial appearance must be 1,181
conducted, and the court shall proceed with all other aspects of 1,182
the initial appearance in accordance with its normal procedures. 1,183
Neither the request for nor the granting of a continuance stays 1,184
the operation of the suspension that is the subject of the 1,185
appeal.
If the person appeals the suspension at the person's 1,187
initial appearance, the scope of the appeal is limited to 1,188
determining whether one or more of the following conditions have 1,189
not been met: 1,190
(a) Whether the law enforcement officer had reasonable 1,192
ground to believe the arrested person was operating a vehicle 1,193
upon a highway or public or private property used by the public 1,194
for vehicular travel or parking within this state while under the 1,195
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,196
abuse or with a prohibited concentration of alcohol in the blood, 1,197
breath, or urine and whether the arrested person was in fact 1,198
placed under arrest; 1,199
29
(b) Whether the law enforcement officer requested the 1,201
arrested person to submit to the chemical test designated 1,202
pursuant to division (A) of this section; 1,203
(c) Whether the arresting officer informed the arrested 1,205
person of the consequences of refusing to be tested or of 1,206
submitting to the test; 1,207
(d) Whichever of the following is applicable: 1,209
(i) Whether the arrested person refused to submit to the 1,211
chemical test requested by the officer; 1,212
(ii) Whether the chemical test results indicate that the 1,214
arrested person's blood contained a concentration of 1,215
ten-hundredths of one per cent or more by weight of alcohol, the 1,217
person's breath contained a concentration of ten-hundredths of 1,219
one gram or more by weight of alcohol per two hundred ten liters 1,220
of the person's breath, or the person's urine contained a 1,221
concentration of fourteen-hundredths of one gram or more by 1,223
weight of alcohol per one hundred milliliters of the person's 1,224
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 1,226
appearance, the judge or referee of the court or the mayor of the 1,227
mayor's court shall determine whether one or more of the 1,228
conditions specified in divisions (H)(1)(a) to (d) of this 1,229
section have not been met. The person who appeals the suspension 1,230
has the burden of proving, by a preponderance of the evidence, 1,231
that one or more of the specified conditions has not been met. 1,232
If during the appeal at the initial appearance the judge or 1,233
referee of the court or the mayor of the mayor's court determines 1,234
that all of those conditions have been met, the judge, referee, 1,235
or mayor shall uphold the suspension, shall continue the 1,236
suspension, and shall notify the registrar of the decision on a 1,237
form approved by the registrar. Except as otherwise provided in 1,238
division (H)(2) of this section, if the suspension is upheld or 1,239
if the person does not appeal the suspension at the person's 1,240
initial appearance under division (H)(1) of this section, the 1,241
30
suspension shall continue until the complaint alleging the 1,242
violation for which the person was arrested and in relation to 1,243
which the suspension was imposed is adjudicated on the merits by 1,244
the judge or referee of the trial court or by the mayor of the 1,245
mayor's court. If the suspension was imposed under division (E) 1,246
of this section and it is continued under this division, any 1,247
subsequent finding that the person is not guilty of the charge 1,248
that resulted in the person being requested to take the chemical 1,249
test or tests under division (A) of this section does not 1,250
terminate or otherwise affect the suspension. If the suspension 1,251
was imposed under division (F) of this section and it is 1,252
continued under this division, the suspension shall terminate if, 1,253
for any reason, the person subsequently is found not guilty of 1,254
the charge that resulted in the person taking the chemical test 1,255
or tests under division (A) of this section. 1,256
If, during the appeal at the initial appearance, the judge 1,258
or referee of the trial court or the mayor of the mayor's court 1,259
determines that one or more of the conditions specified in 1,260
divisions (H)(1)(a) to (d) of this section have not been met, the 1,261
judge, referee, or mayor shall terminate the suspension, subject 1,262
to the imposition of a new suspension under division (B) of 1,263
section 4511.196 of the Revised Code; shall notify the registrar 1,264
of the decision on a form approved by the registrar; and, except 1,265
as provided in division (B) of section 4511.196 of the Revised 1,267
Code, shall order the registrar to return the driver's or 1,268
commercial driver's license or permit to the person or to take 1,269
such measures as may be necessary, if the license or permit was 1,270
destroyed under section 4507.55 of the Revised Code, to permit 1,271
the person to obtain a replacement driver's or commercial 1,272
driver's license or permit from the registrar or a deputy 1,273
registrar in accordance with that section. The court also shall 1,274
issue to the person a court order, valid for not more than ten 1,275
days from the date of issuance, granting the person operating 1,276
privileges for that period of time.
31
If the person appeals the suspension at the initial 1,278
appearance, the registrar shall be represented by the prosecuting 1,279
attorney of the county in which the arrest occurred if the 1,280
initial appearance is conducted in a juvenile court or county 1,281
court, except that if the arrest occurred within a city or 1,282
village within the jurisdiction of the county court in which the 1,283
appeal is conducted, the city director of law or village 1,284
solicitor of that city or village shall represent the registrar. 1,285
If the appeal is conducted in a municipal court, the registrar 1,286
shall be represented as provided in section 1901.34 of the 1,287
Revised Code. If the appeal is conducted in a mayor's court, the 1,288
registrar shall be represented by the city director of law, 1,289
village solicitor, or other chief legal officer of the municipal 1,290
corporation that operates that mayor's court. 1,291
(I)(1)(a) A person is not entitled to request, and a court 1,293
shall not grant to the person, occupational driving privileges 1,294
under division (I)(1) of this section if a person's driver's or 1,296
commercial driver's license or permit or nonresident operating 1,297
privilege has been suspended pursuant to division (E) of this 1,298
section, and the person, within the preceding seven years, has 1,299
refused three previous requests to consent to a chemical test of 1,300
the person's blood, breath, or urine to determine its alcohol 1,301
content or has been convicted of or pleaded guilty to three or 1,302
more violations of one or more of the following: 1,303
(i) Division (A) or (B) of section 4511.19 of the Revised 1,305
Code; 1,306
(ii) A municipal ordinance relating to operating a vehicle 1,309
while under the influence of alcohol, a drug of abuse, or alcohol 1,310
and a drug of abuse; 1,311
(iii) A municipal ordinance relating to operating a 1,313
vehicle with a prohibited concentration of alcohol in the blood, 1,314
breath, or urine; 1,315
(iv) Section 2903.04 of the Revised Code in a case in 1,317
which the person was subject to the sanctions described in 1,318
32
division (D) of that section; 1,319
(v) Division (A)(1) of section 2903.06 or division (A)(1) 1,322
of section 2903.08 of the Revised Code or a municipal ordinance 1,323
that is substantially similar to either of those divisions; 1,324
(vi) Division (A)(2), (3), or (4) of section 2903.06, 1,327
division (A)(2) of section 2903.08, or former section 2903.07 of 1,328
the Revised Code, or a municipal ordinance that is substantially 1,329
similar to any of those divisions or that former section, in a 1,330
case in which the jury or judge found that the person was under 1,332
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,333
of abuse;
(vii) A statute of the United States or of any other state 1,336
or a municipal ordinance of a municipal corporation located in 1,337
any other state that is substantially similar to division (A) or 1,338
(B) of section 4511.19 of the Revised Code.
(b) Any other person who is not described in division 1,340
(I)(1)(a) of this section and whose driver's or commercial 1,342
driver's license or nonresident operating privilege has been 1,343
suspended pursuant to division (E) of this section may file a 1,344
petition requesting occupational driving privileges in the common 1,345
pleas court, municipal court, county court, mayor's court, or, if 1,346
the person is a minor, juvenile court with jurisdiction over the 1,348
related criminal or delinquency case. The petition may be filed 1,349
at any time subsequent to the date on which the notice of 1,350
suspension is served upon the arrested person. The person shall 1,351
pay the costs of the proceeding, notify the registrar of the 1,352
filing of the petition, and send the registrar a copy of the 1,353
petition.
In the proceedings, the registrar shall be represented by 1,355
the prosecuting attorney of the county in which the arrest 1,356
occurred if the petition is filed in the juvenile court, county 1,357
court, or common pleas court, except that, if the arrest occurred 1,358
within a city or village within the jurisdiction of the county 1,360
court in which the petition is filed, the city director of law or 1,361
33
village solicitor of that city or village shall represent the 1,362
registrar. If the petition is filed in the municipal court, the 1,363
registrar shall be represented as provided in section 1901.34 of 1,364
the Revised Code. If the petition is filed in a mayor's court, 1,365
the registrar shall be represented by the city director of law, 1,366
village solicitor, or other chief legal officer of the municipal 1,367
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 1,369
suspension would seriously affect the person's ability to 1,370
continue in the person's employment, may grant the person 1,371
occupational driving privileges during the period of suspension 1,373
imposed pursuant to division (E) of this section, subject to the 1,374
limitations contained in this division and division (I)(2) of 1,375
this section. The court may grant the occupational driving 1,376
privileges, subject to the limitations contained in this division 1,377
and division (I)(2) of this section, regardless of whether the 1,378
person appeals the suspension at the person's initial appearance 1,380
under division (H)(1) of this section or appeals the decision of 1,381
the court made pursuant to the appeal conducted at the initial 1,382
appearance, and, if the person has appealed the suspension or 1,383
decision, regardless of whether the matter at issue has been 1,384
heard or decided by the court. The court shall not grant 1,385
occupational driving privileges for employment as a driver of 1,387
commercial motor vehicles to any person who is disqualified from 1,388
operating a commercial motor vehicle under section 2301.374 or 1,389
4506.16 of the Revised Code.
(2)(a) In granting occupational driving privileges under 1,391
division (I)(1) of this section, the court may impose any 1,392
condition it considers reasonable and necessary to limit the use 1,393
of a vehicle by the person. The court shall deliver to the 1,394
person a permit card, in a form to be prescribed by the court, 1,395
setting forth the time, place, and other conditions limiting the 1,396
defendant's use of a vehicle. The grant of occupational driving 1,397
privileges shall be conditioned upon the person's having the 1,398
34
permit in the person's possession at all times during which the 1,400
person is operating a vehicle. 1,401
A person granted occupational driving privileges who 1,403
operates a vehicle for other than occupational purposes, in 1,404
violation of any condition imposed by the court, or without 1,405
having the permit in the person's possession, is guilty of a 1,406
violation of section 4507.02 of the Revised Code. 1,408
(b) The court may not grant a person occupational driving 1,410
privileges under division (I)(1) of this section when prohibited 1,411
by a limitation contained in that division or during any of the 1,412
following periods of time: 1,413
(i) The first thirty days of suspension imposed upon a 1,415
person who, within five years of the date on which the person 1,416
refused the request to consent to a chemical test of the person's 1,418
blood, breath, or urine to determine its alcohol content and for 1,420
which refusal the suspension was imposed, had not refused a 1,421
previous request to consent to a chemical test of the person's 1,422
blood, breath, or urine to determine its alcohol content; 1,424
(ii) The first ninety days of suspension imposed upon a 1,426
person who, within five years of the date on which the person 1,427
refused the request to consent to a chemical test of the person's 1,429
blood, breath, or urine to determine its alcohol content and for 1,431
which refusal the suspension was imposed, had refused one 1,432
previous request to consent to a chemical test of the person's 1,433
blood, breath, or urine to determine its alcohol content; 1,435
(iii) The first year of suspension imposed upon a person 1,437
who, within five years of the date on which the person refused 1,439
the request to consent to a chemical test of the person's blood, 1,441
breath, or urine to determine its alcohol content and for which 1,442
refusal the suspension was imposed, had refused two previous 1,443
requests to consent to a chemical test of the person's blood, 1,444
breath, or urine to determine its alcohol content; 1,446
(iv) The first three years of suspension imposed upon a 1,448
person who, within five years of the date on which the person 1,449
35
refused the request to consent to a chemical test of the person's 1,451
blood, breath, or urine to determine its alcohol content and for 1,453
which refusal the suspension was imposed, had refused three or 1,454
more previous requests to consent to a chemical test of the 1,455
person's blood, breath, or urine to determine its alcohol 1,457
content.
(3) The court shall give information in writing of any 1,459
action taken under this section to the registrar. 1,460
(4) If a person's driver's or commercial driver's license 1,462
or permit or nonresident operating privilege has been suspended 1,463
pursuant to division (F) of this section, and the person, within 1,464
the preceding seven years, has been convicted of or pleaded 1,465
guilty to three or more violations of division (A) or (B) of 1,466
section 4511.19 of the Revised Code, a municipal ordinance 1,467
relating to operating a vehicle while under the influence of 1,468
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 1,469
municipal ordinance relating to operating a vehicle with a 1,470
prohibited concentration of alcohol in the blood, breath, or 1,471
urine, section 2903.04 of the Revised Code in a case in which the 1,472
person was subject to the sanctions described in division (D) of 1,473
that section, or section 2903.06, 2903.07, or 2903.08 of the 1,474
Revised Code or a municipal ordinance that is substantially 1,475
similar to section 2903.07 of the Revised Code in a case in which 1,476
the jury or judge found that the person was under the influence 1,477
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,478
statute of the United States or of any other state or a municipal 1,479
ordinance of a municipal corporation located in any other state 1,481
that is substantially similar to division (A) or (B) of section 1,482
4511.19 of the Revised Code, the person is not entitled to 1,483
request, and the court shall not grant to the person, 1,484
occupational driving privileges under this division. Any other 1,485
person whose driver's or commercial driver's license or 1,486
nonresident operating privilege has been suspended pursuant to 1,487
division (F) of this section may file in the court specified in 1,488
36
division (I)(1)(b) of this section a petition requesting 1,489
occupational driving privileges in accordance with section 1,490
4507.16 of the Revised Code. The petition may be filed at any 1,491
time subsequent to the date on which the arresting officer serves 1,492
the notice of suspension upon the arrested person. Upon the 1,493
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 1,494
The court may grant the occupational driving privileges, subject 1,495
to the limitations contained in section 4507.16 of the Revised 1,496
Code, regardless of whether the person appeals the suspension at 1,497
the person's initial appearance under division (H)(1) of this 1,499
section or appeals the decision of the court made pursuant to the 1,500
appeal conducted at the initial appearance, and, if the person 1,501
has appealed the suspension or decision, regardless of whether 1,502
the matter at issue has been heard or decided by the court. 1,503
(J) When it finally has been determined under the 1,505
procedures of this section that a nonresident's privilege to 1,506
operate a vehicle within this state has been suspended, the 1,507
registrar shall give information in writing of the action taken 1,508
to the motor vehicle administrator of the state of the person's 1,509
residence and of any state in which the person has a license. 1,510
(K) A suspension of the driver's or commercial driver's 1,512
license or permit of a resident, a suspension of the operating 1,513
privilege of a nonresident, or a denial of a driver's or 1,514
commercial driver's license or permit pursuant to division (E) or 1,516
(F) of this section shall be terminated by the registrar upon 1,518
receipt of notice of the person's entering a plea of guilty to, 1,519
or of the person's conviction of, operating a vehicle while under 1,521
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,522
of abuse or with a prohibited concentration of alcohol in the 1,523
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 1,524
incident that led to the suspension or denial. 1,525
The registrar shall credit against any judicial suspension 1,527
37
of a person's driver's or commercial driver's license or permit 1,528
or nonresident operating privilege imposed pursuant to division 1,529
(B) or (E) of section 4507.16 of the Revised Code any time during 1,530
which the person serves a related suspension imposed pursuant to 1,531
division (E) or (F) of this section. 1,532
(L) At the end of a suspension period under this section, 1,534
section 4511.196, or division (B) of section 4507.16 of the 1,535
Revised Code and upon the request of the person whose driver's or 1,536
commercial driver's license or permit was suspended and who is 1,537
not otherwise subject to suspension, revocation, or 1,538
disqualification, the registrar shall return the driver's or 1,539
commercial driver's license or permit to the person upon the 1,540
person's compliance with all of the conditions specified in 1,542
divisions (L)(1) and (2) of this section: 1,543
(1) A showing by the person that the person has proof of 1,545
financial responsibility, a policy of liability insurance in 1,547
effect that meets the minimum standards set forth in section 1,548
4509.51 of the Revised Code, or proof, to the satisfaction of the 1,549
registrar, that the person is able to respond in damages in an 1,550
amount at least equal to the minimum amounts specified in section 1,551
4509.51 of the Revised Code. 1,552
(2) Subject to the limitation contained in division (L)(3) 1,555
of this section, payment by the person of a license reinstatement 1,556
fee of four hundred TWENTY-five dollars to the bureau of motor 1,558
vehicles, which fee shall be deposited in the state treasury and 1,560
credited as follows: 1,561
(a) One hundred twelve dollars and fifty cents shall be 1,564
credited to the statewide treatment and prevention fund created 1,565
by section 4301.30 of the Revised Code. The fund shall be used 1,567
to pay the costs of driver treatment and intervention programs 1,568
operated pursuant to sections 3793.02 and 3793.10 of the Revised 1,569
Code. The director of alcohol and drug addiction services shall 1,570
determine the share of the fund that is to be allocated to 1,571
alcohol and drug addiction programs authorized by section 3793.02 1,572
38
of the Revised Code, and the share of the fund that is to be 1,573
allocated to drivers' intervention programs authorized by section 1,574
3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the 1,576
reparations fund created by section 2743.191 of the Revised Code. 1,578
(c) Thirty-seven dollars and fifty cents shall be credited 1,581
to the indigent drivers alcohol treatment fund, which is hereby 1,582
established. Except as otherwise provided in division (L)(2)(c) 1,584
of this section, moneys in the fund shall be distributed by the 1,585
department of alcohol and drug addiction services to the county 1,586
indigent drivers alcohol treatment funds, the county juvenile 1,587
indigent drivers alcohol treatment funds, and the municipal 1,588
indigent drivers alcohol treatment funds that are required to be 1,589
established by counties and municipal corporations pursuant to 1,590
division (N) of this section, and shall be used only to pay the 1,591
cost of an alcohol and drug addiction treatment program attended 1,592
by an offender or juvenile traffic offender who is ordered to 1,593
attend an alcohol and drug addiction treatment program by a 1,594
county, juvenile, or municipal court judge and who is determined 1,595
by the county, juvenile, or municipal court judge not to have the 1,596
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 1,597
that division. Moneys in the fund that are not distributed to a 1,599
county indigent drivers alcohol treatment fund, a county juvenile 1,600
indigent drivers alcohol treatment fund, or a municipal indigent 1,601
drivers alcohol treatment fund under division (N) of this section 1,602
because the director of alcohol and drug addiction services does 1,603
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 1,604
arrested may be transferred by the director of budget and 1,605
management to the statewide treatment and prevention fund created 1,607
by section 4301.30 of the Revised Code, upon certification of the 1,608
amount by the director of alcohol and drug addiction services. 1,610
(d) Seventy-five dollars shall be credited to the Ohio 1,612
39
rehabilitation services commission established by section 3304.12 1,613
of the Revised Code, to the services for rehabilitation fund, 1,614
which is hereby established. The fund shall be used to match 1,615
available federal matching funds where appropriate, and for any 1,616
other purpose or program of the commission to rehabilitate people 1,617
with disabilities to help them become employed and independent. 1,618
(e) Seventy-five dollars shall be deposited into the state 1,621
treasury and credited to the drug abuse resistance education 1,622
programs fund, which is hereby established, to be used by the 1,623
attorney general for the purposes specified in division (L)(4) of 1,625
this section.
(f) Thirty dollars shall be credited to the state bureau 1,627
of motor vehicles fund created by section 4501.25 of the Revised 1,628
Code.
(g) TWENTY DOLLARS SHALL BE CREDITED TO THE TRAUMA AND 1,630
EMERGENCY MEDICAL SERVICES GRANTS FUND CREATED BY SECTION 1,631
4513.263 OF THE REVISED CODE. 1,632
(3) If a person's driver's or commercial driver's license 1,634
or permit is suspended under division (E) or (F) of this section, 1,636
section 4511.196, or division (B) of section 4507.16 of the 1,637
Revised Code, or any combination of the suspensions described in 1,638
division (L)(3) of this section, and if the suspensions arise 1,639
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 1,640
required to pay to the bureau, only one reinstatement fee of four 1,641
hundred five dollars. The reinstatement fee shall be distributed 1,642
by the bureau in accordance with division (L)(2) of this section. 1,643
(4) The attorney general shall use amounts in the drug 1,645
abuse resistance education programs fund to award grants to law 1,646
enforcement agencies to establish and implement drug abuse 1,647
resistance education programs in public schools. Grants awarded 1,648
to a law enforcement agency under division (L)(2)(e) of this 1,649
section shall be used by the agency to pay for not more than 1,650
fifty per cent of the amount of the salaries of law enforcement 1,651
40
officers who conduct drug abuse resistance education programs in 1,652
public schools. The attorney general shall not use more than six 1,653
per cent of the amounts the attorney general's office receives 1,655
under division (L)(2)(e) of this section to pay the costs it 1,656
incurs in administering the grant program established by division 1,657
(L)(2)(e) of this section and in providing training and materials 1,658
relating to drug abuse resistance education programs. 1,659
The attorney general shall report to the governor and the 1,661
general assembly each fiscal year on the progress made in 1,662
establishing and implementing drug abuse resistance education 1,663
programs. These reports shall include an evaluation of the 1,664
effectiveness of these programs. 1,665
(M) Suspension of a commercial driver's license under 1,667
division (E) or (F) of this section shall be concurrent with any 1,668
period of disqualification under section 2301.374 or 4506.16 of 1,669
the Revised Code. No person who is disqualified for life from 1,670
holding a commercial driver's license under section 4506.16 of 1,671
the Revised Code shall be issued a driver's license under Chapter 1,672
4507. of the Revised Code during the period for which the 1,673
commercial driver's license was suspended under division (E) or 1,674
(F) of this section, and no person whose commercial driver's 1,675
license is suspended under division (E) or (F) of this section 1,676
shall be issued a driver's license under that chapter during the 1,677
period of the suspension. 1,678
(N)(1) Each county shall establish an indigent drivers 1,680
alcohol treatment fund, each county shall establish a juvenile 1,681
indigent drivers alcohol treatment fund, and each municipal 1,682
corporation in which there is a municipal court shall establish 1,683
an indigent drivers alcohol treatment fund. All revenue that the 1,684
general assembly appropriates to the indigent drivers alcohol 1,685
treatment fund for transfer to a county indigent drivers alcohol 1,686
treatment fund, a county juvenile indigent drivers alcohol 1,687
treatment fund, or a municipal indigent drivers alcohol treatment 1,688
fund, all portions of fees that are paid under division (L) of 1,689
41
this section and that are credited under that division to the 1,690
indigent drivers alcohol treatment fund in the state treasury for 1,691
a county indigent drivers alcohol treatment fund, a county 1,692
juvenile indigent drivers alcohol treatment fund, or a municipal 1,693
indigent drivers alcohol treatment fund, and all portions of 1,694
fines that are specified for deposit into a county or municipal 1,695
indigent drivers alcohol treatment fund by section 4511.193 of 1,696
the Revised Code shall be deposited into that county indigent 1,697
drivers alcohol treatment fund, county juvenile indigent drivers 1,698
alcohol treatment fund, or municipal indigent drivers alcohol 1,699
treatment fund in accordance with division (N)(2) of this 1,700
section. Additionally, all portions of fines that are paid for a 1,701
violation of section 4511.19 of the Revised Code or division 1,702
(B)(2) of section 4507.02 of the Revised Code, and that are 1,703
required under division (A)(1), (2), (5), or (6) of section 1,704
4511.99 or division (B)(5) of section 4507.99 of the Revised Code 1,705
to be deposited into a county indigent drivers alcohol treatment 1,706
fund or municipal indigent drivers alcohol treatment fund shall 1,707
be deposited into the appropriate fund in accordance with the 1,708
applicable division. 1,709
(2) That portion of the license reinstatement fee that is 1,711
paid under division (L) of this section and that is credited 1,712
under that division to the indigent drivers alcohol treatment 1,713
fund shall be deposited into a county indigent drivers alcohol 1,714
treatment fund, a county juvenile indigent drivers alcohol 1,715
treatment fund, or a municipal indigent drivers alcohol treatment 1,716
fund as follows: 1,717
(a) If the suspension in question was imposed under this 1,719
section, that portion of the fee shall be deposited as follows: 1,720
(i) If the fee is paid by a person who was charged in a 1,722
county court with the violation that resulted in the suspension, 1,723
the portion shall be deposited into the county indigent drivers 1,724
alcohol treatment fund under the control of that court; 1,725
(ii) If the fee is paid by a person who was charged in a 1,727
42
juvenile court with the violation that resulted in the 1,728
suspension, the portion shall be deposited into the county 1,729
juvenile indigent drivers alcohol treatment fund established in 1,730
the county served by the court; 1,731
(iii) If the fee is paid by a person who was charged in a 1,733
municipal court with the violation that resulted in the 1,734
suspension, the portion shall be deposited into the municipal 1,735
indigent drivers alcohol treatment fund under the control of that 1,736
court. 1,737
(b) If the suspension in question was imposed under 1,739
division (B) of section 4507.16 of the Revised Code, that portion 1,740
of the fee shall be deposited as follows: 1,741
(i) If the fee is paid by a person whose license or permit 1,743
was suspended by a county court, the portion shall be deposited 1,744
into the county indigent drivers alcohol treatment fund under the 1,745
control of that court; 1,746
(ii) If the fee is paid by a person whose license or 1,748
permit was suspended by a municipal court, the portion shall be 1,749
deposited into the municipal indigent drivers alcohol treatment 1,750
fund under the control of that court. 1,751
(3) Expenditures from a county indigent drivers alcohol 1,753
treatment fund, a county juvenile indigent drivers alcohol 1,754
treatment fund, or a municipal indigent drivers alcohol treatment 1,755
fund shall be made only upon the order of a county, juvenile, or 1,756
municipal court judge and only for payment of the cost of the 1,757
attendance at an alcohol and drug addiction treatment program of 1,758
a person who is convicted of, or found to be a juvenile traffic 1,759
offender by reason of, a violation of division (A) of section 1,760
4511.19 of the Revised Code or a substantially similar municipal 1,761
ordinance, who is ordered by the court to attend the alcohol and 1,762
drug addiction treatment program, and who is determined by the 1,763
court to be unable to pay the cost of attendance at the treatment 1,765
program or for payment of the costs specified in division (N)(4) 1,766
of this section in accordance with that division. The alcohol 1,767
43
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 1,769
section 340.02 or 340.021 of the Revised Code and serving the 1,771
alcohol, drug addiction, and mental health service district in 1,772
which the court is located shall administer the indigent drivers 1,773
alcohol treatment program of the court. When a court orders an 1,774
offender or juvenile traffic offender to attend an alcohol and 1,775
drug addiction treatment program, the board shall determine which 1,776
program is suitable to meet the needs of the offender or juvenile 1,777
traffic offender, and when a suitable program is located and 1,778
space is available at the program, the offender or juvenile 1,779
traffic offender shall attend the program designated by the 1,780
board. A reasonable amount not to exceed five per cent of the 1,781
amounts credited to and deposited into the county indigent 1,782
drivers alcohol treatment fund, the county juvenile indigent 1,783
drivers alcohol treatment fund, or the municipal indigent drivers 1,784
alcohol treatment fund serving every court whose program is 1,785
administered by that board shall be paid to the board to cover 1,786
the costs it incurs in administering those indigent drivers 1,787
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 1,789
in consultation with the alcohol and drug addiction services 1,790
board or the board of alcohol, drug addiction, and mental health 1,791
services established pursuant to section 340.02 or 340.021 of the 1,792
Revised Code and serving the alcohol, drug addiction, and mental 1,794
health district in which the court is located, that the funds in 1,795
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 1,796
municipal indigent drivers alcohol treatment fund under the 1,797
control of the court are more than sufficient to satisfy the 1,798
purpose for which the fund was established, as specified in 1,799
divisions (N)(1) to (3) of this section, the court may declare a 1,800
surplus in the fund. If the court declares a surplus in the 1,801
fund, the court may expend the amount of the surplus in the fund
44
for alcohol and drug abuse assessment and treatment of persons 1,802
who are charged in the court with committing a criminal offense 1,803
or with being a delinquent child or juvenile traffic offender and 1,804
in relation to whom both of the following apply: 1,805
(a) The court determines that substance abuse was a 1,807
contributing factor leading to the criminal or delinquent 1,808
activity or the juvenile traffic offense with which the person is 1,809
charged.
(b) The court determines that the person is unable to pay 1,812
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 1,813
Sec. 4511.81. (A) When any child who is in either or both 1,822
of the following categories is being transported in a motor 1,823
vehicle, other than a taxicab or public safety vehicle as defined 1,824
in section 4511.01 of the Revised Code, that is registered in 1,825
this state and is required by the United States department of 1,827
transportation to be equipped with seat belts at the time of 1,828
manufacture or assembly, the operator of the motor vehicle shall 1,829
have the child properly secured in accordance with the 1,830
manufacturer's instructions in a child restraint system that
meets federal motor vehicle safety standards: 1,831
(1) A child who is less than four years of age; 1,833
(2) A child who weighs less than forty pounds. 1,835
(B) When any child who is in either or both of the 1,837
following categories is being transported in a motor vehicle, 1,839
other than a taxicab, that is registered in this state and is 1,840
owned, leased, or otherwise under the control of a nursery
school, kindergarten, or day-care center, the operator of the 1,841
motor vehicle shall have the child properly secured in accordance 1,842
with the manufacturer's instructions in a child restraint system 1,843
that meets federal motor vehicle safety standards: 1,844
(1) A child who is less than four years of age; 1,846
(2) A child who weighs less than forty pounds. 1,848
(C) The director of public safety shall adopt such rules 1,850
45
as are necessary to carry out this section. 1,851
(D) The failure of an operator of a motor vehicle to 1,853
secure a child in a child restraint system as required by this 1,854
section is not negligence imputable to the child, is not 1,856
admissible as evidence in any civil action involving the rights 1,857
of the child against any other person allegedly liable for 1,858
injuries to the child, is not to be used as a basis for a 1,859
criminal prosecution of the operator of the motor vehicle other 1,860
than a prosecution for a violation of this section, and is not 1,861
admissible as evidence in any criminal action involving the 1,862
operator of the motor vehicle other than a prosecution for a 1,863
violation of this section.
(E) This section does not apply when an emergency exists 1,865
that threatens the life of any person operating a motor vehicle 1,866
and to whom this section otherwise would apply or the life of any 1,867
child who otherwise would be required to be restrained under this 1,868
section. 1,869
(F) If a person who is not a resident of this state is 1,871
charged with a violation of division (A) or (B) of this section 1,873
and does not prove to the court, by a preponderance of the 1,874
evidence, that his THE PERSON'S use or nonuse of a child
restraint system was in accordance with the law of the state of 1,876
which he THE PERSON is a resident, the court shall impose the 1,878
fine levied by division (H)(2) of section 4511.99 of the Revised 1,879
Code.
(G) There is hereby created in the state treasury the 1,881
"child highway safety fund," consisting of those portions of 1,882
every fine FINES imposed pursuant to divisions (H)(1) and (2) of 1,884
section 4511.99 of the Revised Code for violations of divisions 1,885
(A) and (B) of this section, that are required to be forwarded to 1,886
the treasurer of state for deposit in the fund. The money in the 1,887
fund shall be used by the department of health only for the 1,889
purpose of establishing TO DEFRAY THE COST OF VERIFYING PEDIATRIC 1,890
TRAUMA CENTERS UNDER SECTION 3702.161 OF THE REVISED CODE AND TO 1,891
46
ESTABLISH and administering ADMINISTER a child highway safety 1,892
program. The purpose of the program shall be to educate the 1,894
public about child restraint systems generally and the importance 1,895
of their proper use. The program also shall include a process
for providing child restraint systems to persons who meet the 1,896
eligibility criteria established by the department, and a 1,897
toll-free telephone number the public may utilize to obtain 1,898
information about child restraint systems and their proper use. 1,899
The director of health, in accordance with Chapter 119. of 1,901
the Revised Code, shall adopt any rules necessary to carry out 1,902
this section, including rules establishing the criteria a person 1,903
must meet in order to receive a child restraint system under the 1,904
department's child restraint system program; PROVIDED THAT RULES 1,905
RELATING TO THE VERIFICATION OF PEDIATRIC TRAUMA CENTERS SHALL 1,906
NOT BE ADOPTED UNDER THIS SECTION.
Sec. 4511.99. (A) Whoever violates division (A)(1), (2), 1,922
(3), or (4) of section 4511.19 of the Revised Code, in addition 1,924
to the license suspension or revocation provided in section 1,925
4507.16 of the Revised Code and any disqualification imposed 1,926
under section 4506.16 of the Revised Code, shall be punished as 1,927
provided in division (A)(1), (2), (3), or (4) of this section. 1,928
Whoever violates division (A)(5), (6), or (7) of section 4511.19 1,931
of the Revised Code, in addition to the license suspension or 1,933
revocation provided in section 4507.16 of the Revised Code and 1,934
any disqualification imposed under section 4506.16 of the Revised 1,936
Code, shall be punished as provided in division (A)(5), (6), (7), 1,938
or (8) of this section.
(1) Except as otherwise provided in division (A)(2), (3), 1,940
or (4) of this section, the offender is guilty of a misdemeanor 1,941
of the first degree and the court shall sentence the offender to 1,942
a term of imprisonment of three consecutive days and may sentence 1,943
the offender pursuant to section 2929.21 of the Revised Code to a 1,944
longer term of imprisonment. In addition, the court shall impose 1,945
upon the offender a fine of not less than two hundred fifty and 1,946
47
not more than one thousand dollars. 1,947
The court may suspend the execution of the mandatory three 1,949
consecutive days of imprisonment that it is required to impose by 1,950
this division, if the court, in lieu of the suspended term of 1,951
imprisonment, places the offender on probation and requires the 1,952
offender to attend, for three consecutive days, a drivers' 1,953
intervention program that is certified pursuant to section 1,954
3793.10 of the Revised Code. The court also may suspend the 1,955
execution of any part of the mandatory three consecutive days of 1,956
imprisonment that it is required to impose by this division, if 1,957
the court places the offender on probation for part of the three 1,958
consecutive days; requires the offender to attend, for that part 1,959
of the three consecutive days, a drivers' intervention program 1,960
that is certified pursuant to section 3793.10 of the Revised 1,961
Code; and sentences the offender to a term of imprisonment equal 1,962
to the remainder of the three consecutive days that the offender 1,963
does not spend attending the drivers' intervention program. The 1,964
court may require the offender, as a condition of probation, to 1,965
attend and satisfactorily complete any treatment or education 1,966
programs that comply with the minimum standards adopted pursuant 1,967
to Chapter 3793. of the Revised Code by the director of alcohol 1,968
and drug addiction services, in addition to the required 1,969
attendance at a drivers' intervention program, that the operators 1,970
of the drivers' intervention program determine that the offender 1,971
should attend and to report periodically to the court on the 1,972
offender's progress in the programs. The court also may impose 1,973
any other conditions of probation on the offender that it 1,974
considers necessary. 1,975
Of the fine imposed pursuant to this division, twenty-five 1,977
dollars shall be paid to an enforcement and education fund 1,978
established by the legislative authority of the law enforcement 1,979
agency in this state that primarily was responsible for the 1,980
arrest of the offender, as determined by the court that imposes 1,981
the fine. This share shall be used by the agency to pay only 1,982
48
those costs it incurs in enforcing section 4511.19 of the Revised 1,983
Code or a substantially similar municipal ordinance and in 1,984
informing the public of the laws governing the operation of a 1,985
motor vehicle while under the influence of alcohol, the dangers 1,986
of operating a motor vehicle while under the influence of 1,987
alcohol, and other information relating to the operation of a 1,988
motor vehicle and the consumption of alcoholic beverages. Fifty 1,990
dollars of the fine imposed pursuant to this division shall be 1,991
paid to the political subdivision that pays the cost of housing 1,992
the offender during the offender's term of incarceration to the 1,993
credit of the fund that pays the cost of the incarceration. If 1,994
the offender was confined as a result of the offense prior to 1,995
being sentenced for the offense but is not sentenced to a term of 1,996
incarcerationh INCARCERATION, the fifty dollars shall be paid to 1,998
the political subdivision that paid the cost of housing the 1,999
offender during that period of confinement. The political 2,000
subdivision shall use this share to pay or reimburse
incarceration or treatment costs it incurs in housing or 2,001
providing drug and alcohol treatment to persons who violate 2,002
section 4511.19 of the Revised Code or a substantially similar 2,003
municipal ordinance and to pay for ignition interlock devices and 2,005
electronic house arrest equipment for persons who violate that 2,006
section. Twenty-five dollars of the fine imposed pursuant to 2,007
this division shall be deposited into the county indigent drivers 2,008
alcohol treatment fund or municipal indigent drivers alcohol 2,009
treatment fund under the control of that court, as created by the 2,010
county or municipal corporation pursuant to division (N) of 2,011
section 4511.191 of the Revised Code. The balance of the fine 2,012
shall be disbursed as otherwise provided by law. 2,013
(2)(a) Except as otherwise provided in division (A)(4) of 2,016
this section and except as provided in this division, the
offender is guilty of a misdemeanor of the first degree, and, 2,018
except as provided in this division, the court shall sentence the
offender to a term of imprisonment of ten consecutive days and 2,019
49
may sentence the offender pursuant to section 2929.21 of the 2,020
Revised Code to a longer term of imprisonment if, within six 2,022
years of the offense, the offender has been convicted of or 2,024
pleaded guilty to one violation of the following: 2,025
(i) Division (A) or (B) of section 4511.19 of the Revised 2,028
Code;
(ii) A municipal ordinance relating to operating a vehicle 2,030
while under the influence of alcohol, a drug of abuse, or alcohol 2,031
and a drug of abuse; 2,032
(iii) A municipal ordinance relating to operating a 2,034
vehicle with a prohibited concentration of alcohol in the blood, 2,035
breath, or urine; 2,036
(iv) Section 2903.04 of the Revised Code in a case in 2,038
which the offender was subject to the sanctions described in 2,039
division (D) of that section; 2,040
(v) Division (A)(1) of section 2903.06 or division (A)(1) 2,043
of section 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to either of those divisions; 2,044
(vi) Division (A)(2), (3), or (4) of section 2903.06, 2,047
division (A)(2) of section 2903.08, or former section 2903.07 of 2,048
the Revised Code, or a municipal ordinance that is substantially 2,049
similar to any of those divisions or that former section, in a 2,051
case in which the jury or judge found that the offender was under 2,052
the influence of alcohol, a drug of abuse, or alcohol and a drug 2,053
of abuse;
(vii) A statute of the United States or of any other state 2,056
or a municipal ordinance of a municipal corporation located in 2,057
any other state that is substantially similar to division (A) or 2,058
(B) of section 4511.19 of the Revised Code. 2,059
As an alternative to the term of imprisonment required to 2,062
be imposed by this division, but subject to division (A)(12) of 2,063
this section, the court may impose upon the offender a sentence 2,064
consisting of both a term of imprisonment of five consecutive 2,065
days and not less than eighteen consecutive days of 2,066
50
electronically monitored house arrest as defined in division (A) 2,067
of section 2929.23 of the Revised Code. The five consecutive 2,068
days of imprisonment and the period of electronically monitored 2,069
house arrest shall not exceed six months. The five consecutive 2,070
days of imprisonment do not have to be served prior to or 2,071
consecutively with the period of electronically monitored house 2,072
arrest.
In addition, the court shall impose upon the offender a 2,074
fine of not less than three hundred fifty and not more than one 2,075
thousand five hundred dollars. 2,076
In addition to any other sentence that it imposes upon the 2,078
offender, the court may require the offender to attend a drivers' 2,079
intervention program that is certified pursuant to section 2,080
3793.10 of the Revised Code. If the officials of the drivers' 2,081
intervention program determine that the offender is alcohol 2,082
dependent, they shall notify the court, and the court shall order 2,083
the offender to obtain treatment through an alcohol and drug 2,084
addiction program authorized by section 3793.02 of the Revised 2,085
Code. The cost of the treatment shall be paid by the offender. 2,086
Of the fine imposed pursuant to this division, thirty-five 2,088
dollars shall be paid to an enforcement and education fund 2,089
established by the legislative authority of the law enforcement 2,090
agency in this state that primarily was responsible for the 2,091
arrest of the offender, as determined by the court that imposes 2,092
the fine. This share shall be used by the agency to pay only 2,093
those costs it incurs in enforcing section 4511.19 of the Revised 2,095
Code or a substantially similar municipal ordinance and in 2,096
informing the public of the laws governing the operation of a 2,097
motor vehicle while under the influence of alcohol, the dangers 2,098
of operating a motor vehicle while under the influence of 2,099
alcohol, and other information relating to the operation of a 2,100
motor vehicle and the consumption of alcoholic beverages. One 2,101
hundred fifteen dollars of the fine imposed pursuant to this 2,102
division shall be paid to the political subdivision that pays the 2,103
51
cost of housing the offender during the offender's term of 2,104
incarceration. This share shall be used by the political 2,105
subdivision to pay or reimburse incarceration or treatment costs 2,106
it incurs in housing or providing drug and alcohol treatment to 2,107
persons who violate section 4511.19 of the Revised Code or a 2,109
substantially similar municipal ordinance and to pay for ignition 2,110
interlock devices and electronic house arrest equipment for 2,111
persons who violate that section, and shall be paid to the credit 2,112
of the fund that pays the cost of the incarceration. Fifty 2,113
dollars of the fine imposed pursuant to this division shall be 2,114
deposited into the county indigent drivers alcohol treatment fund 2,115
or municipal indigent drivers alcohol treatment fund under the 2,116
control of that court, as created by the county or municipal
corporation pursuant to division (N) of section 4511.191 of the 2,117
Revised Code. The balance of the fine shall be disbursed as 2,118
otherwise provided by law. 2,119
(b) Regardless of whether the vehicle the offender was 2,121
operating at the time of the offense is registered in the 2,122
offender's name or in the name of another person, the court, in 2,124
addition to the penalties imposed under division (A)(2)(a) of 2,125
this section and all other penalties provided by law and subject 2,126
to section 4503.235 of the Revised Code, shall order the 2,127
immobilization for ninety days of the vehicle the offender was 2,128
operating at the time of the offense and the impoundment for 2,129
ninety days of the identification license plates of that vehicle. 2,130
The order for the immobilization and impoundment shall be issued 2,131
and enforced in accordance with section 4503.233 of the Revised 2,132
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 2,135
this section and except as provided in this division, if, within
six years of the offense, the offender has been convicted of or 2,136
pleaded guilty to two violations identified in division (A)(2) of 2,138
this section, the court shall sentence the offender to a term of 2,139
imprisonment of thirty consecutive days and may sentence the 2,140
52
offender to a longer definite term of imprisonment of not more 2,141
than one year. As an alternative to the term of imprisonment 2,142
required to be imposed by this division, but subject to division 2,143
(A)(12) of this section, the court may impose upon the offender a 2,144
sentence consisting of both a term of imprisonment of fifteen 2,145
consecutive days and not less than fifty-five consecutive days of 2,146
electronically monitored house arrest as defined in division (A) 2,147
of section 2929.23 of the Revised Code. The fifteen consecutive 2,148
days of imprisonment and the period of electronically monitored 2,149
house arrest shall not exceed one year. The fifteen consecutive 2,150
days of imprisonment do not have to be served prior to or 2,151
consecutively with the period of electronically monitored house 2,152
arrest.
In addition, the court shall impose upon the offender a 2,154
fine of not less than five hundred fifty and not more than two 2,155
thousand five hundred dollars. 2,156
In addition to any other sentence that it imposes upon the 2,158
offender, the court shall require the offender to attend an 2,159
alcohol and drug addiction program authorized by section 3793.02 2,160
of the Revised Code. The cost of the treatment shall be paid by 2,161
the offender. If the court determines that the offender is 2,162
unable to pay the cost of attendance at the treatment program, 2,164
the court may order that payment of the cost of the offender's 2,165
attendance at the treatment program be made from that court's 2,166
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 2,168
twenty-three dollars shall be paid to an enforcement and 2,169
education fund established by the legislative authority of the 2,170
law enforcement agency in this state that primarily was 2,171
responsible for the arrest of the offender, as determined by the 2,172
court that imposes the fine. This share shall be used by the 2,173
agency to pay only those costs it incurs in enforcing section 2,174
4511.19 of the Revised Code or a substantially similar municipal 2,175
ordinance and in informing the public of the laws governing the 2,176
53
operation of a motor vehicle while under the influence of 2,177
alcohol, the dangers of operating a motor vehicle while under the 2,178
influence of alcohol, and other information relating to the 2,179
operation of a motor vehicle and the consumption of alcoholic 2,180
beverages. Two hundred seventy-seven dollars of the fine imposed 2,181
pursuant to this division shall be paid to the political 2,182
subdivision that pays the cost of housing the offender during the 2,183
offender's term of incarceration. This share shall be used by 2,185
the political subdivision to pay or reimburse incarceration or 2,186
treatment costs it incurs in housing or providing drug and 2,187
alcohol treatment to persons who violate section 4511.19 of the 2,189
Revised Code or a substantially similar municipal ordinance and 2,190
to pay for ignition interlock devices and electronic house arrest 2,191
equipment for persons who violate that section and shall be paid 2,192
to the credit of the fund that pays the cost of incarceration. 2,193
The balance of the fine shall be disbursed as otherwise provided 2,194
by law.
(b) Regardless of whether the vehicle the offender was 2,196
operating at the time of the offense is registered in the 2,197
offender's name or in the name of another person, the court, in 2,199
addition to the penalties imposed under division (A)(3)(a) of 2,200
this section and all other penalties provided by law and subject 2,201
to section 4503.235 of the Revised Code, shall order the criminal 2,202
forfeiture to the state of the vehicle the offender was operating 2,203
at the time of the offense. The order of criminal forfeiture 2,204
shall be issued and enforced in accordance with section 4503.234 2,205
of the Revised Code. 2,206
(4)(a)(i) If, within six years of the offense, the 2,208
offender has been convicted of or pleaded guilty to three or more 2,209
violations identified in division (A)(2) of this section, and if 2,210
sentence is not required to be imposed under division 2,211
(A)(4)(a)(ii) of this section, the offender is guilty of a felony 2,212
of the fourth degree and, notwithstanding division (A)(4) of 2,213
section 2929.14 of the Revised Code, may be sentenced to a 2,214
54
definite prison term that shall be not less than six months and 2,215
not more than thirty months. The court shall sentence the 2,216
offender in accordance with sections 2929.11 to 2929.19 of the 2,217
Revised Code and shall impose as part of the sentence either a 2,218
mandatory term of local incarceration of sixty consecutive days 2,220
of imprisonment in accordance with division (G)(1) of section 2,221
2929.13 of the Revised Code or a mandatory prison term of sixty 2,222
consecutive days of imprisonment in accordance with division
(G)(2) of that section. If the court requires the offender to 2,223
serve a mandatory term of local incarceration of sixty 2,224
consecutive days of imprisonment in accordance with division 2,225
(G)(1) of section 2929.13 of the Revised Code, the court, 2,226
pursuant to section 2929.17 of the Revised Code, may impose upon 2,227
the offender a sentence that includes a term of electronically 2,228
monitored house arrest, provided that the term of electronically 2,229
monitored house arrest shall not commence until after the 2,230
offender has served the mandatory term of local incarceration. 2,231
(ii) If the offender previously has been convicted of or 2,233
pleaded guilty to a violation of division (A) of section 4511.19 2,234
of the Revised Code under circumstances in which the violation 2,236
was a felony, regardless of when the prior violation and the 2,237
prior conviction or guilty plea occurred, the offender is guilty 2,238
of a felony of the third degree. The court shall sentence the 2,239
offender in accordance with sections 2929.11 to 2929.19 of the 2,240
Revised Code and shall impose as part of the sentence a mandatory 2,241
prison term of sixty consecutive days of imprisonment in 2,242
accordance with division (G)(2) of section 2929.13 of the Revised 2,243
Code. 2,244
(iii) In addition to all other sanctions imposed on an 2,246
offender under division (A)(4)(a)(i) or (ii) of this section, the 2,248
court shall impose upon the offender, pursuant to section 2929.18 2,249
of the Revised Code, a fine of not less than eight hundred nor 2,250
more than ten thousand dollars. 2,251
In addition to any other sanction that it imposes upon the 2,254
55
offender under division (A)(4)(a)(i) or (ii) of this section, the
court shall require the offender to attend an alcohol and drug 2,256
addiction program authorized by section 3793.02 of the Revised 2,257
Code. The cost of the treatment shall be paid by the offender. 2,258
If the court determines that the offender is unable to pay the 2,259
cost of attendance at the treatment program, the court may order 2,260
that payment of the cost of the offender's attendance at the 2,261
treatment program be made from the court's indigent drivers 2,262
alcohol treatment fund.
Of the fine imposed pursuant to this division, two hundred 2,264
ten dollars shall be paid to an enforcement and education fund 2,265
established by the legislative authority of the law enforcement 2,266
agency in this state that primarily was responsible for the 2,267
arrest of the offender, as determined by the court that imposes 2,268
the fine. This share shall be used by the agency to pay only 2,269
those costs it incurs in enforcing section 4511.19 of the Revised 2,270
Code or a substantially similar municipal ordinance and in 2,271
informing the public of the laws governing operation of a motor 2,272
vehicle while under the influence of alcohol, the dangers of 2,273
operation of a motor vehicle while under the influence of 2,274
alcohol, and other information relating to the operation of a 2,275
motor vehicle and the consumption of alcoholic beverages. Four 2,276
hundred forty dollars of the fine imposed pursuant to this 2,277
division shall be paid to the political subdivision that pays the 2,278
cost of housing the offender during the offender's term of 2,279
incarceration. This share shall be used by the political 2,281
subdivision to pay or reimburse incarceration or treatment costs 2,282
it incurs in housing or providing drug and alcohol treatment to 2,283
persons who violate section 4511.19 of the Revised Code or a 2,284
substantially similar municipal ordinance and to pay for ignition 2,285
interlock devices and electronic house arrest equipment for 2,286
persons who violate that section, and shall be paid to the credit 2,287
of the fund that pays the cost of incarceration. The balance of 2,288
the fine shall be disbursed as otherwise provided by law. 2,289
56
(b) Regardless of whether the vehicle the offender was 2,291
operating at the time of the offense is registered in the 2,292
offender's name or in the name of another person, the court, in 2,294
addition to the sanctions imposed under division (A)(4)(a) of 2,295
this section and all other sanctions provided by law and subject 2,297
to section 4503.235 of the Revised Code, shall order the criminal 2,299
forfeiture to the state of the vehicle the offender was operating 2,300
at the time of the offense. The order of criminal forfeiture 2,301
shall be issued and enforced in accordance with section 4503.234 2,302
of the Revised Code. 2,303
(c) As used in division (A)(4)(a) of this section, 2,306
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 2,308
the Revised Code.
If title to a motor vehicle that is subject to an order for 2,310
criminal forfeiture under this section is assigned or transferred 2,311
and division (C)(2) or (3) of section 4503.234 of the Revised 2,312
Code applies, in addition to or independent of any other penalty 2,313
established by law, the court may fine the offender the value of 2,314
the vehicle as determined by publications of the national auto 2,315
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 2,316
(D)(4) of section 4503.234 of the Revised Code. 2,317
(5)(a) Except as otherwise provided in division (A)(6), 2,319
(7), or (8) of this section, the offender is guilty of a 2,321
misdemeanor of the first degree, and the court shall sentence the 2,322
offender to one of the following:
(i) A term of imprisonment of at least three consecutive 2,325
days and a requirement that the offender attend, for three 2,327
consecutive days, a drivers' intervention program that is 2,328
certified pursuant to section 3793.10 of the Revised Code; 2,329
(ii) If the court determines that the offender is not 2,331
conducive to treatment in the program, if the offender refuses to 2,333
attend the program, or if the place of imprisonment can provide a 2,334
57
drivers' intervention program, a term of imprisonment of at least 2,335
six consecutive days.
(b) In addition, the court shall impose upon the offender 2,337
a fine of not less than two hundred fifty and not more than one 2,339
thousand dollars.
The court may require the offender, as a condition of 2,341
probation, to attend and satisfactorily complete any treatment or 2,342
education programs that comply with the minimum standards adopted 2,343
pursuant to Chapter 3793. of the Revised Code by the director of 2,345
alcohol and drug addiction services, in addition to the required 2,346
attendance at a drivers' intervention program, that the operators 2,347
of the drivers' intervention program determine that the offender 2,348
should attend and to report periodically to the court on the 2,349
offender's progress in the programs. The court also may impose 2,350
any other conditions of probation on the offender that it 2,351
considers necessary. 2,352
Of the fine imposed pursuant to this division, twenty-five 2,354
dollars shall be paid to an enforcement and education fund 2,355
established by the legislative authority of the law enforcement 2,356
agency in this state that primarily was responsible for the 2,357
arrest of the offender, as determined by the court that imposes 2,358
the fine. The agency shall use this share to pay only those 2,360
costs it incurs in enforcing section 4511.19 of the Revised Code 2,361
or a substantially similar municipal ordinance and in informing 2,362
the public of the laws governing the operation of a motor vehicle 2,363
while under the influence of alcohol, the dangers of operating a 2,364
motor vehicle while under the influence of alcohol, and other 2,365
information relating to the operation of a motor vehicle and the 2,366
consumption of alcoholic beverages. Fifty dollars of the fine 2,367
imposed pursuant to this division shall be paid to the political 2,368
subdivision that pays the cost of housing the offender during the 2,369
offender's term of incarceration to the credit of the fund that 2,370
pays the cost of the incarceration. The political subdivision 2,371
shall use this share to pay or reimburse incarceration or 2,372
58
treatment costs it incurs in housing or providing drug and 2,373
alcohol treatment to persons who violate section 4511.19 of the 2,374
Revised Code or a substantially similar municipal ordinance and 2,375
to pay for ignition interlock devices and electronic house arrest 2,376
equipment for persons who violate that section. Twenty-five 2,378
dollars of the fine imposed pursuant to this division shall be 2,379
deposited into the county indigent drivers alcohol treatment fund 2,380
or municipal indigent drivers alcohol treatment fund under the 2,381
control of that court, as created by the county or municipal 2,382
corporation pursuant to division (N) of section 4511.191 of the 2,383
Revised Code. The balance of the fine shall be disbursed as 2,384
otherwise provided by law.
(6)(a) Except as otherwise provided in division (A)(8) of 2,387
this section and except as provided in this division, if, within
six years of the offense, the offender has been convicted of or 2,388
pleaded guilty to one violation of division (A) or (B) of section 2,390
4511.19 of the Revised Code, a municipal ordinance relating to 2,392
operating a vehicle while under the influence of alcohol, a drug 2,393
of abuse, or alcohol and a drug of abuse, a municipal ordinance 2,394
relating to operating a vehicle with a prohibited concentration 2,395
of alcohol in the blood, breath, or urine, section 2903.04 of the 2,396
Revised Code in a case in which the offender was subject to the 2,398
sanctions described in division (D) of that section, section 2,399
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal 2,400
ordinance that is substantially similar to section 2903.07 of the 2,402
Revised Code in a case in which the jury or judge found that the 2,404
offender was under the influence of alcohol, a drug of abuse, or 2,405
alcohol and a drug of abuse, or a statute of the United States or 2,406
of any other state or a municipal ordinance of a municipal 2,407
corporation located in any other state that is substantially 2,408
similar to division (A) or (B) of section 4511.19 of the Revised 2,410
Code, the offender is guilty of a misdemeanor of the first 2,411
degree, and the court shall sentence the offender to a term of 2,412
imprisonment of twenty consecutive days and may sentence the 2,413
59
offender pursuant to section 2929.21 of the Revised Code to a 2,414
longer term of imprisonment. As an alternative to the term of 2,416
imprisonment required to be imposed by this division, but subject 2,417
to division (A)(12) of this section, the court may impose upon 2,418
the offender a sentence consisting of both a term of imprisonment 2,419
of ten consecutive days and not less than thirty-six consecutive 2,420
days of electronically monitored house arrest as defined in 2,421
division (A) of section 2929.23 of the Revised Code. The ten 2,422
consecutive days of imprisonment and the period of electronically 2,424
monitored house arrest shall not exceed six months. The ten 2,425
consecutive days of imprisonment do not have to be served prior 2,426
to or consecutively with the period of electronically monitored 2,427
house arrest.
In addition, the court shall impose upon the offender a 2,429
fine of not less than three hundred fifty and not more than one 2,430
thousand five hundred dollars. 2,431
In addition to any other sentence that it imposes upon the 2,433
offender, the court may require the offender to attend a drivers' 2,434
intervention program that is certified pursuant to section 2,435
3793.10 of the Revised Code. If the officials of the drivers' 2,437
intervention program determine that the offender is alcohol 2,438
dependent, they shall notify the court, and the court shall order 2,439
the offender to obtain treatment through an alcohol and drug 2,440
addiction program authorized by section 3793.02 of the Revised 2,441
Code. The offender shall pay the cost of the treatment. 2,442
Of the fine imposed pursuant to this division, thirty-five 2,444
dollars shall be paid to an enforcement and education fund 2,445
established by the legislative authority of the law enforcement 2,446
agency in this state that primarily was responsible for the 2,447
arrest of the offender, as determined by the court that imposes 2,448
the fine. The agency shall use this share to pay only those 2,450
costs it incurs in enforcing section 4511.19 of the Revised Code 2,451
or a substantially similar municipal ordinance and in informing 2,453
the public of the laws governing the operation of a motor vehicle 2,454
60
while under the influence of alcohol, the dangers of operating a 2,455
motor vehicle while under the influence of alcohol, and other 2,456
information relating to the operation of a motor vehicle and the 2,457
consumption of alcoholic beverages. One hundred fifteen dollars 2,458
of the fine imposed pursuant to this division shall be paid to 2,459
the political subdivision that pays the cost of housing the 2,460
offender during the offender's term of incarceration. The 2,462
political subdivision shall use this share to pay or reimburse 2,463
incarceration or treatment costs it incurs in housing or 2,464
providing drug and alcohol treatment to persons who violate
section 4511.19 of the Revised Code or a substantially similar 2,467
municipal ordinance and to pay for ignition interlock devices and 2,468
electronic house arrest equipment for persons who violate that 2,469
section, and this share shall be paid to the credit of the fund 2,470
that pays the cost of the incarceration. Fifty dollars of the 2,471
fine imposed pursuant to this division shall be deposited into 2,472
the county indigent drivers alcohol treatment fund or municipal 2,473
indigent drivers alcohol treatment fund under the control of that 2,474
court, as created by the county or municipal corporation pursuant 2,475
to division (N) of section 4511.191 of the Revised Code. The 2,476
balance of the fine shall be disbursed as otherwise provided by 2,477
law.
(b) Regardless of whether the vehicle the offender was 2,479
operating at the time of the offense is registered in the 2,480
offender's name or in the name of another person, the court, in 2,482
addition to the penalties imposed under division (A)(6)(a) of 2,483
this section and all other penalties provided by law and subject 2,485
to section 4503.235 of the Revised Code, shall order the 2,486
immobilization for ninety days of the vehicle the offender was 2,488
operating at the time of the offense and the impoundment for 2,489
ninety days of the identification license plates of that vehicle. 2,490
The order for the immobilization and impoundment shall be issued 2,491
and enforced in accordance with section 4503.233 of the Revised 2,492
Code.
61
(7)(a) Except as otherwise provided in division (A)(8) of 2,495
this section and except as provided in this division, if, within
six years of the offense, the offender has been convicted of or 2,498
pleaded guilty to two violations of division (A) or (B) of 2,499
section 4511.19 of the Revised Code, a municipal ordinance 2,501
relating to operating a vehicle while under the influence of 2,502
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 2,503
municipal ordinance relating to operating a vehicle with a 2,504
prohibited concentration of alcohol in the blood, breath, or 2,505
urine, section 2903.04 of the Revised Code in a case in which the 2,507
offender was subject to the sanctions described in division (D) 2,508
of that section, section 2903.06, 2903.07, or 2903.08 of the 2,509
Revised Code or a municipal ordinance that is substantially 2,510
similar to section 2903.07 of the Revised Code in a case in which 2,512
the jury or judge found that the offender was under the influence 2,513
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 2,515
statute of the United States or of any other state or a municipal 2,516
ordinance of a municipal corporation located in any other state 2,517
that is substantially similar to division (A) or (B) of section 2,518
4511.19 of the Revised Code, the court shall sentence the 2,520
offender to a term of imprisonment of sixty consecutive days and
may sentence the offender to a longer definite term of 2,521
imprisonment of not more than one year. As an alternative to the 2,522
term of imprisonment required to be imposed by this division, but 2,523
subject to division (A)(12) of this section, the court may impose 2,524
upon the offender a sentence consisting of both a term of 2,525
imprisonment of thirty consecutive days and not less than one 2,527
hundred ten consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the 2,528
Revised Code. The thirty consecutive days of imprisonment and 2,530
the period of electronically monitored house arrest shall not 2,531
exceed one year. The thirty consecutive days of imprisonment do 2,532
not have to be served prior to or consecutively with the period 2,533
of electronically monitored house arrest. 2,534
62
In addition, the court shall impose upon the offender a 2,536
fine of not less than five hundred fifty and not more than two 2,537
thousand five hundred dollars. 2,538
In addition to any other sentence that it imposes upon the 2,540
offender, the court shall require the offender to attend an 2,541
alcohol and drug addiction program authorized by section 3793.02 2,542
of the Revised Code. The offender shall pay the cost of the 2,543
treatment. If the court determines that the offender is unable 2,545
to pay the cost of attendance at the treatment program, the court 2,546
may order that payment of the cost of the offender's attendance 2,547
at the treatment program be made from that court's indigent 2,548
drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 2,550
twenty-three dollars shall be paid to an enforcement and 2,551
education fund established by the legislative authority of the 2,552
law enforcement agency in this state that primarily was 2,553
responsible for the arrest of the offender, as determined by the 2,554
court that imposes the fine. The agency shall use this share to 2,556
pay only those costs it incurs in enforcing section 4511.19 of 2,557
the Revised Code or a substantially similar municipal ordinance 2,559
and in informing the public of the laws governing the operation 2,560
of a motor vehicle while under the influence of alcohol, the 2,561
dangers of operating a motor vehicle while under the influence of 2,562
alcohol, and other information relating to the operation of a 2,563
motor vehicle and the consumption of alcoholic beverages. Two 2,564
hundred seventy-seven dollars of the fine imposed pursuant to 2,565
this division shall be paid to the political subdivision that 2,566
pays the cost of housing the offender during the offender's term 2,567
of incarceration. The political subdivision shall use this share 2,568
to pay or reimburse incarceration or treatment costs it incurs in 2,569
housing or providing drug and alcohol treatment to persons who 2,570
violate section 4511.19 of the Revised Code or a substantially 2,572
similar municipal ordinance and to pay for ignition interlock 2,573
devices and electronic house arrest equipment for persons who 2,574
63
violate that section, and this share shall be paid to the credit 2,575
of the fund that pays the cost of incarceration. The balance of 2,576
the fine shall be disbursed as otherwise provided by law. 2,577
(b) Regardless of whether the vehicle the offender was 2,579
operating at the time of the offense is registered in the 2,580
offender's name or in the name of another person, the court, in 2,582
addition to the penalties imposed under division (A)(7)(a) of 2,583
this section and all other penalties provided by law and subject 2,585
to section 4503.235 of the Revised Code, shall order the 2,586
immobilization for one hundred eighty days of the vehicle the 2,588
offender was operating at the time of the offense and the 2,589
impoundment for one hundred eighty days of the identification 2,590
license plates of that vehicle. The order for the immobilization 2,591
and impoundment shall be issued and enforced in accordance with 2,592
section 4503.233 of the Revised Code. 2,593
(8)(a)(i) If, within six years of the offense, the 2,595
offender has been convicted of or pleaded guilty to three or more 2,597
violations of division (A) or (B) of section 4511.19 of the 2,598
Revised Code, a municipal ordinance relating to operating a 2,599
vehicle while under the influence of alcohol, a drug of abuse, or 2,600
alcohol and a drug of abuse, a municipal ordinance relating to 2,601
operating a vehicle with a prohibited concentration of alcohol in 2,602
the blood, breath, or urine, section 2903.04 of the Revised Code 2,604
in a case in which the offender was subject to the sanctions 2,605
described in division (D) of that section, section 2903.06, 2,606
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 2,608
that is substantially similar to section 2903.07 of the Revised 2,609
Code in a case in which the jury or judge found that the offender 2,610
was under the influence of alcohol, a drug of abuse, or alcohol 2,611
and a drug of abuse, or a statute of the United States or of any 2,613
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 2,614
division (A) or (B) of section 4511.19 of the Revised Code, and 2,617
if sentence is not required to be imposed under division 2,618
64
(A)(8)(a)(ii) of this section, the offender is guilty of a felony 2,619
of the fourth degree and, notwithstanding division (A)(4) of 2,622
section 2929.14 of the Revised Code, may be sentenced to a 2,624
definite prison term that shall be not less than six months and 2,625
not more than thirty months. The court shall sentence the 2,626
offender in accordance with sections 2929.11 to 2929.19 of the 2,627
Revised Code and shall impose as part of the sentence either a 2,629
mandatory term of local incarceration of one hundred twenty 2,631
consecutive days of imprisonment in accordance with division 2,632
(G)(1) of section 2929.13 of the Revised Code or a mandatory 2,634
prison term of one hundred twenty consecutive days of 2,635
imprisonment in accordance with division (G)(2) of that section. 2,636
If the court requires the offender to serve a mandatory term of 2,637
local incarceration of one hundred twenty consecutive days of 2,638
imprisonment in accordance with division (G)(1) of section 2,639
2929.13 of the Revised Code, the court, pursuant to section 2,643
2929.17 of the Revised Code, may impose upon the offender a 2,646
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 2,647
arrest shall not commence until after the offender has served the 2,648
mandatory term of local incarceration. 2,649
(ii) If the offender previously has been convicted of or 2,651
pleaded guilty to a violation of division (A) of section 4511.19 2,652
of the Revised Code under circumstances in which the violation 2,654
was a felony, regardless of when the prior violation and the 2,655
prior conviction or guilty plea occurred, the offender is guilty 2,656
of a felony of the third degree. The court shall sentence the 2,658
offender in accordance with sections 2929.11 to 2929.19 of the 2,659
Revised Code and shall impose as part of the sentence a mandatory 2,660
prison term of one hundred twenty consecutive days of 2,661
imprisonment in accordance with division (G)(2) of section 2,662
2929.13 of the Revised Code.
(iii) In addition to all other sanctions imposed on an 2,664
offender under division (A)(8)(a)(i) or (ii) of this section, the 2,666
65
court shall impose upon the offender, pursuant to section 2929.18 2,667
of the Revised Code, a fine of not less than eight hundred nor 2,669
more than ten thousand dollars. 2,670
In addition to any other sanction that it imposes upon the 2,673
offender under division (A)(8)(a)(i) or (ii) of this section, the 2,674
court shall require the offender to attend an alcohol and drug 2,677
addiction program authorized by section 3793.02 of the Revised 2,678
Code. The cost of the treatment shall be paid by the offender. 2,680
If the court determines that the offender is unable to pay the 2,681
cost of attendance at the treatment program, the court may order 2,682
that payment of the cost of the offender's attendance at the 2,683
treatment program be made from the court's indigent drivers 2,684
alcohol treatment fund.
Of the fine imposed pursuant to this division, two hundred 2,686
ten dollars shall be paid to an enforcement and education fund 2,687
established by the legislative authority of the law enforcement 2,688
agency in this state that primarily was responsible for the 2,689
arrest of the offender, as determined by the court that imposes 2,690
the fine. The agency shall use this share to pay only those 2,692
costs it incurs in enforcing section 4511.19 of the Revised Code 2,693
or a substantially similar municipal ordinance and in informing 2,694
the public of the laws governing operation of a motor vehicle 2,695
while under the influence of alcohol, the dangers of operation of 2,696
a motor vehicle while under the influence of alcohol, and other 2,697
information relating to the operation of a motor vehicle and the 2,698
consumption of alcoholic beverages. Four hundred forty dollars 2,699
of the fine imposed pursuant to this division shall be paid to 2,700
the political subdivision that pays the cost of housing the 2,701
offender during the offender's term of incarceration. The 2,702
political subdivision shall use this share to pay or reimburse 2,704
incarceration or treatment costs it incurs in housing or
providing drug and alcohol treatment to persons who violate 2,706
section 4511.19 of the Revised Code or a substantially similar 2,707
municipal ordinance and to pay for ignition interlock devices and 2,708
66
electronic house arrest equipment for persons who violate that 2,709
section, and this share shall be paid to the credit of the fund 2,710
that pays the cost of incarceration. The balance of the fine 2,711
shall be disbursed as otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 2,713
operating at the time of the offense is registered in the 2,714
offender's name or in the name of another person, the court, in 2,716
addition to the sanctions imposed under division (A)(8)(a) of 2,717
this section and all other sanctions provided by law and subject 2,719
to section 4503.235 of the Revised Code, shall order the criminal 2,721
forfeiture to the state of the vehicle the offender was operating 2,723
at the time of the offense. The order of criminal forfeiture 2,724
shall be issued and enforced in accordance with section 4503.234 2,725
of the Revised Code. 2,726
(c) As used in division (A)(8)(a) of this section, 2,729
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 2,731
the Revised Code.
(d) If title to a motor vehicle that is subject to an 2,733
order for criminal forfeiture under this section is assigned or 2,735
transferred and division (C)(2) or (3) of section 4503.234 of the 2,737
Revised Code applies, in addition to or independent of any other 2,739
penalty established by law, the court may fine the offender the 2,740
value of the vehicle as determined by publications of the
national auto dealer's association. The proceeds from any fine 2,741
imposed under this division shall be distributed in accordance 2,742
with division (D)(4) of section 4503.234 of the Revised Code. 2,743
(9)(a) Except as provided in division (A)(9)(b) of this 2,745
section, upon a showing that imprisonment would seriously affect 2,746
the ability of an offender sentenced pursuant to division (A)(1), 2,747
(2), (3), (4), (5), (6), (7), or (8) of this section to continue 2,748
the offender's employment, the court may authorize that the 2,751
offender be granted work release from imprisonment after the 2,752
offender has served the three, six, ten, twenty, thirty, or sixty 2,753
67
consecutive days of imprisonment or the mandatory term of local 2,754
incarceration of sixty or one hundred twenty consecutive days 2,755
that the court is required by division (A)(1), (2), (3), (4), 2,757
(5), (6), (7), or (8) of this section to impose. No court shall 2,758
authorize work release from imprisonment during the three, six, 2,759
ten, twenty, thirty, or sixty consecutive days of imprisonment or 2,760
the mandatory term of local incarceration or mandatory prison 2,761
term of sixty or one hundred twenty consecutive days that the 2,762
court is required by division (A)(1), (2), (3), (4), (5), (6), 2,763
(7), or (8) of this section to impose. The duration of the work 2,765
release shall not exceed the time necessary each day for the 2,766
offender to commute to and from the place of employment and the 2,767
place of imprisonment and the time actually spent under
employment. 2,768
(b) An offender who is sentenced pursuant to division 2,770
(A)(2), (3), (6), or (7) of this section to a term of 2,771
imprisonment followed by a period of electronically monitored 2,772
house arrest is not eligible for work release from imprisonment, 2,773
but that person shall be permitted work release during the period 2,774
of electronically monitored house arrest. The duration of the 2,775
work release shall not exceed the time necessary each day for the 2,776
offender to commute to and from the place of employment and the 2,777
offender's home or other place specified by the sentencing court 2,778
and the time actually spent under employment. 2,779
(10) Notwithstanding any section of the Revised Code that 2,781
authorizes the suspension of the imposition or execution of a 2,782
sentence, the placement of an offender in any treatment program 2,784
in lieu of imprisonment, or the use of a community control 2,785
sanction for an offender convicted of a felony, no court shall 2,786
suspend the ten, twenty, thirty, or sixty consecutive days of 2,788
imprisonment required to be imposed on an offender by division 2,789
(A)(2), (3), (6), or (7) of this section, no court shall place an 2,790
offender who is sentenced pursuant to division (A)(2), (3), (4), 2,792
(6), (7), or (8) of this section in any treatment program in lieu 2,793
68
of imprisonment until after the offender has served the ten, 2,794
twenty, thirty, or sixty consecutive days of imprisonment or the 2,796
mandatory term of local incarceration or mandatory prison term of 2,798
sixty or one hundred twenty consecutive days required to be
imposed pursuant to division (A)(2), (3), (4), (6), (7), or (8) 2,800
of this section, no court that sentences an offender under 2,801
division (A)(4) or (8) of this section shall impose any sanction 2,803
other than a mandatory term of local incarceration or mandatory 2,804
prison term to apply to the offender until after the offender has 2,805
served the mandatory term of local incarceration or mandatory 2,806
prison term of sixty or one hundred twenty consecutive days 2,807
required to be imposed pursuant to division (A)(4) or (8) of this 2,809
section, and no court that imposes a sentence of imprisonment and 2,810
a period of electronically monitored house arrest upon an 2,811
offender under division (A)(2), (3), (6), or (7) of this section 2,813
shall suspend any portion of the sentence or place the offender 2,814
in any treatment program in lieu of imprisonment or 2,815
electronically monitored house arrest. Notwithstanding any 2,816
section of the Revised Code that authorizes the suspension of the 2,817
imposition or execution of a sentence or the placement of an 2,818
offender in any treatment program in lieu of imprisonment, no 2,819
court, except as specifically authorized by division (A)(1) or 2,820
(5) of this section, shall suspend the three or more consecutive 2,821
days of imprisonment required to be imposed by division (A)(1) or 2,823
(5) of this section or place an offender who is sentenced 2,825
pursuant to division (A)(1) or (5) of this section in any 2,826
treatment program in lieu of imprisonment until after the
offender has served the three or more consecutive days of 2,827
imprisonment required to be imposed pursuant to division (A)(1) 2,828
or (5) of this section. 2,829
(11) No court shall sentence an offender to an alcohol 2,831
treatment program pursuant to division (A)(1), (2), (3), (4), 2,832
(5), (6), (7), or (8) of this section unless the treatment 2,834
program complies with the minimum standards adopted pursuant to 2,835
69
Chapter 3793. of the Revised Code by the director of alcohol and 2,836
drug addiction services. 2,837
(12) No court shall impose the alternative sentence of a 2,839
term of imprisonment plus a term of electronically monitored 2,840
house arrest permitted to be imposed by division (A)(2), (3), 2,841
(6), or (7) of this section, unless within sixty days of the date 2,843
of sentencing, the court issues a written finding, entered into 2,844
the record, that due to the unavailability of space at the 2,845
incarceration facility where the offender is required to serve 2,846
the term of imprisonment imposed upon the offender, the offender 2,847
will not be able to commence serving the term of imprisonment 2,849
within the sixty-day period following the date of sentencing. If 2,850
the court issues such a written finding, the court may impose the 2,851
alternative sentence comprised of a term of imprisonment and a 2,853
term of electronically monitored house arrest permitted to be 2,854
imposed by division (A)(2), (3), (6), or (7) of this section. 2,855
(B) Whoever violates section 4511.192, 4511.251, or 2,857
4511.85 of the Revised Code is guilty of a misdemeanor of the 2,858
first degree. The court, in addition to or independent of all 2,859
other penalties provided by law, may suspend for a period not to 2,860
exceed one year the driver's or commercial driver's license or 2,861
permit or nonresident operating privilege of any person who 2,862
pleads guilty to or is convicted of a violation of section 2,863
4511.192 of the Revised Code. 2,864
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 2,866
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 2,867
guilty of one of the following: 2,868
(1) Except as otherwise provided in division (C)(2) of 2,870
this section, a minor misdemeanor. 2,871
(2) If the offender previously has been convicted of or 2,874
pleaded guilty to one or more violations of section 4511.63, 2,875
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 2,876
Revised Code or a municipal ordinance that is substantially 2,877
similar to any of those sections, a misdemeanor of the fourth 2,880
70
degree.
(D)(1) Whoever violates any provision of sections 4511.01 2,882
to 4511.76 or section 4511.84 of the Revised Code, for which no 2,883
penalty otherwise is provided in this section is guilty of one of 2,884
the following: 2,885
(a) Except as otherwise provided in division (D)(1)(b), 2,888
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor; 2,889
(b) If, within one year of the offense, the offender 2,891
previously has been convicted of or pleaded guilty to one 2,893
violation of any provision of sections 4511.01 to 4511.76 or 2,895
section 4511.84 of the Revised Code for which no penalty 2,896
otherwise is provided in this section or a municipal ordinance 2,897
that is substantially similar to any provision of sections 2,898
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 2,899
which no penalty otherwise is provided in this section, a 2,900
misdemeanor of the fourth degree; 2,902
(c) If, within one year of the offense, the offender 2,904
previously has been convicted of or pleaded guilty to two or more 2,905
violations of any provision described in division (D)(1)(b) of 2,907
this section or any municipal ordinance that is substantially 2,908
similar to any of those provisions, a misdemeanor of the third 2,909
degree. 2,910
(2) When any person is found guilty of a first offense for 2,912
a violation of section 4511.21 of the Revised Code upon a finding 2,913
that the person operated a motor vehicle faster than thirty-five 2,915
miles an hour in a business district of a municipal corporation, 2,916
or faster than fifty miles an hour in other portions, or faster 2,917
than thirty-five miles an hour while passing through a school 2,918
zone during recess or while children are going to or leaving 2,919
school during the opening or closing hours, the person is guilty 2,920
of a misdemeanor of the fourth degree. 2,921
(3) Notwithstanding section 2929.21 of the Revised Code, 2,923
upon a finding that such person operated a motor vehicle in a 2,924
construction zone where a sign was then posted in accordance with 2,925
71
section 4511.98 of the Revised Code, the court, in addition to 2,926
all other penalties provided by law, shall impose a fine of two 2,927
times the usual amount imposed for the violation. No court shall 2,928
impose a fine of two times the usual amount imposed for the 2,929
violation upon an offender who alleges, in an affidavit filed 2,930
with the court prior to the offender's sentencing, that the 2,931
offender is indigent and is unable to pay the fine imposed 2,932
pursuant to this division, provided the court determines the 2,933
offender is an indigent person and is unable to pay the fine. 2,934
(4) Notwithstanding section 2929.21 of the Revised Code, 2,937
upon a finding that a person operated a motor vehicle in 2,938
violation of division (C) of section 4511.213 of the Revised 2,940
Code, the court, in addition to all other penalties provided by 2,941
law, shall impose a fine of two times the usual amount imposed 2,942
for the violation.
(E) Whenever a person is found guilty in a court of record 2,944
of a violation of section 4511.761, 4511.762, or 4511.77 of the 2,945
Revised Code, the trial judge, in addition to or independent of 2,946
all other penalties provided by law, may suspend for any period 2,947
of time not exceeding three years, or revoke the license of any 2,948
person, partnership, association, or corporation, issued under 2,949
section 4511.763 of the Revised Code. 2,950
(F) Whoever violates division (E) or (F) of section 2,952
4511.51, division (A), (D), or (E) of section 4511.521, section 2,953
4511.681, division (A) or (C) of section 4511.69, section 2,954
4511.772, or division (A) or (B) of section 4511.82 of the 2,955
Revised Code is guilty of a minor misdemeanor. 2,956
(G) Whoever violates division (A) of section 4511.75 of 2,958
the Revised Code may be fined an amount not to exceed five 2,959
hundred dollars. A person who is issued a citation for a 2,960
violation of division (A) of section 4511.75 of the Revised Code 2,961
is not permitted to enter a written plea of guilty and waive the 2,962
person's right to contest the citation in a trial, but instead 2,963
must appear in person in the proper court to answer the charge. 2,964
72
(H)(1) Whoever is a resident of this state and violates 2,966
division (A) or (B) of section 4511.81 of the Revised Code shall 2,967
be punished as follows: 2,968
(a) Except as otherwise provided in division (H)(1)(b) of 2,970
this section, the offender is guilty of a minor misdemeanor. 2,972
(b) If the offender previously has been convicted of or 2,974
pleaded guilty to a violation of division (A) or (B) of section 2,975
4511.81 of the Revised Code or of a municipal ordinance that is 2,977
substantially similar to either of those divisions, the offender 2,978
is guilty of a misdemeanor of the fourth degree. 2,979
(2) Whoever is not a resident of this state, violates 2,981
division (A) or (B) of section 4511.81 of the Revised Code, and 2,982
fails to prove by a preponderance of the evidence that the 2,983
offender's use or nonuse of a child restraint system was in 2,984
accordance with the law of the state of which the offender is a 2,986
resident is guilty of a minor misdemeanor on a first offense; on 2,988
a second or subsequent offense, that person is guilty of a 2,989
misdemeanor of the fourth degree. 2,990
(3) Sixty-five per cent of every fine ALL FINES imposed 2,992
pursuant to division (H)(1) or (2) of this section shall be 2,994
forwarded to the treasurer of state for deposit in the "child 2,995
highway safety fund" created by division (G) of section 4511.81 2,996
of the Revised Code. The balance of the fine shall be disbursed 2,997
as otherwise provided by law. 2,998
(I) Whoever violates section 4511.202 of the Revised Code 3,000
is guilty of operating a motor vehicle without being in control 3,001
of it, a minor misdemeanor. 3,002
(J) Whoever violates division (B) of section 4511.74, 3,004
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 3,005
section 4511.83 of the Revised Code is guilty of a misdemeanor of 3,006
the first degree. 3,007
(K) Except as otherwise provided in this division, whoever 3,009
violates division (E) of section 4511.11, division (A) or (C) of 3,010
section 4511.17, or section 4511.18 of the Revised Code is guilty 3,011
73
of a misdemeanor of the third degree. If a violation of division 3,012
(A) or (C) of section 4511.17 of the Revised Code creates a risk 3,013
of physical harm to any person, the offender is guilty of a 3,014
misdemeanor of the first degree. A violation of division (A) or 3,015
(C) of section 4511.17 of the Revised Code that causes serious 3,016
physical harm to property that is owned, leased, or controlled by 3,017
a state or local authority is a felony of the fifth degree. 3,019
(L) Whoever violates division (H) of section 4511.69 of 3,021
the Revised Code shall be punished as follows: 3,022
(1) Except as otherwise provided in division (L)(2) of 3,025
this section, the offender shall be issued a warning. 3,026
(2) If the offender previously has been convicted of or 3,028
pleaded guilty to a violation of division (H) of section 4511.69 3,029
of the Revised Code or of a municipal ordinance that is 3,030
substantially similar to that division, the offender shall not be 3,031
issued a warning but shall be fined twenty-five dollars for each 3,032
parking location that is not properly marked or whose markings 3,034
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 3,036
4511.45 of the Revised Code is guilty of a misdemeanor of the 3,037
fourth degree on a first offense; on a second offense within one 3,038
year after the first offense, the person is guilty of a 3,039
misdemeanor of the third degree; and on each subsequent offense 3,040
within one year after the first offense, the person is guilty of 3,041
a misdemeanor of the second degree. 3,042
(N)(1) Whoever violates division (B) of section 4511.19 of 3,045
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 3,046
(a) Except as otherwise provided in division (N)(1)(b) of 3,049
this section, the offender is guilty of a misdemeanor of the 3,050
fourth degree.
(b) The offender is guilty of a misdemeanor of the third 3,052
degree if, within one year of the offense, the offender has been 3,054
convicted of or pleaded guilty to any violation of the following: 3,055
74
(i) Division (A) or (B) of section 4511.19 of the Revised 3,058
Code;
(ii) A municipal ordinance relating to operating a vehicle 3,061
while under the influence of alcohol, a drug of abuse, or alcohol 3,062
and a drug of abuse; 3,063
(iii) A municipal ordinance relating to operating a 3,065
vehicle with a prohibited concentration of alcohol in the blood, 3,067
breath, or urine; 3,068
(iv) Section 2903.04 of the Revised Code in a case in 3,070
which the offender was subject to the sanctions described in 3,071
division (D) of that section; 3,072
(v) Division (A)(1) of section 2903.06 or division (A)(1) 3,075
of section 2903.08 of the Revised Code or a municipal ordinance 3,076
that is substantially similar to either of those divisions; 3,078
(vi) Division (A)(2), (3), or (4) of section 2903.06 or 3,081
division (A)(2) of section 2903.08 of the Revised Code or a 3,083
municipal ordinance that is substantially similar to any of those 3,084
divisions, or former section 2903.07 of the Revised Code or a 3,086
substantially similar municipal ordinance, in a case in which the 3,088
jury or judge found that the offender was under the influence of 3,089
alcohol, a drug of abuse, or alcohol and a drug of abuse;
(vii) A statute of the United States or of any other state 3,092
or a municipal ordinance of a municipal corporation located in 3,093
any other state that is substantially similar to division (A) or 3,094
(B) of section 4511.19 of the Revised Code. 3,095
(2) In addition to or independent of all other penalties 3,097
provided by law, the offender's driver's or commercial driver's 3,098
license or permit or nonresident operating privilege shall be 3,099
suspended in accordance with, and for the period of time 3,100
specified in, division (E) of section 4507.16 of the Revised 3,101
Code. 3,102
(O) Whoever violates section 4511.62 of the Revised Code 3,105
is guilty of a misdemeanor of the fourth degree.
(P) Whoever violates division (F)(1)(a) or (b) of section 3,108
75
4511.69 of the Revised Code is guilty of a misdemeanor and shall 3,111
be fined not less than two hundred fifty nor more than five
hundred dollars, but in no case shall an offender be sentenced to 3,113
any term of imprisonment. 3,114
Arrest or conviction for a violation of division (F)(1)(a) 3,117
or (b) of section 4511.69 of the Revised Code does not constitute 3,119
a criminal record and need not be reported by the person so 3,120
arrested or convicted in response to any inquiries contained in 3,121
any application for employment, license, or other right or 3,122
privilege, or made in connection with the person's appearance as 3,123
a witness. 3,124
Every fine collected under this division shall be paid by 3,126
the clerk of the court to the political subdivision in which the 3,127
violation occurred. Except as provided in this division, the 3,128
political subdivision shall use the fine moneys it receives under 3,129
this division to pay the expenses it incurs in complying with the 3,131
signage and notice requirements contained in division (E) of
section 4511.69 of the Revised Code. The political subdivision 3,132
may use up to fifty per cent of each fine it receives under this 3,133
division to pay the costs of educational, advocacy, support, and 3,134
assistive technology programs for persons with disabilities, and 3,135
for public improvements within the political subdivision that 3,136
benefit or assist persons with disabilities, if governmental 3,137
agencies or nonprofit organizations offer the programs. 3,138
Sec. 4513.263. (A) As used in this section and in section 3,147
4513.99 of the Revised Code: 3,148
(1) "Automobile" means any commercial tractor, passenger 3,150
car, commercial car, or truck that is required to be 3,151
factory-equipped with an occupant restraining device for the 3,152
operator or any passenger by regulations adopted by the United 3,153
States secretary of transportation pursuant to the "National 3,154
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15 3,155
U.S.C.A. 1392. 3,156
(2) "Occupant restraining device" means a seat safety 3,158
76
belt, shoulder belt, harness, or other safety device for 3,159
restraining a person who is an operator of or passenger in an 3,160
automobile and that satisfies the minimum federal vehicle safety 3,161
standards established by the United States department of 3,162
transportation. 3,163
(3) "Passenger" means any person in an automobile, other 3,165
than its operator, who is occupying a seating position for which 3,166
an occupant restraining device is provided. 3,167
(4) "Commercial tractor," "passenger car," and "commercial 3,169
car" have the same meanings as in section 4501.01 of the Revised 3,170
Code. 3,171
(5) "Vehicle" and "motor vehicle," as used in the 3,173
definitions of the terms set forth in division (A)(4) of this 3,174
section, have the same meanings as in section 4511.01 of the 3,175
Revised Code. 3,176
(6) "Manufacturer" and "supplier" have the same meanings 3,178
as in section 2307.71 of the Revised Code. 3,179
(7) "Tort action" means a civil action for damages for 3,181
injury, death, or loss to person or property. "Tort action" 3,182
includes a product liability claim but does not include a civil 3,183
action for damages for a breach of contract or another agreement 3,184
between persons.
(B) No person shall do any of the following: 3,186
(1) Operate an automobile on any street or highway unless 3,188
that person is wearing all of the available elements of a 3,189
properly adjusted occupant restraining device, or operate a 3,190
school bus that has an occupant restraining device installed for 3,191
use in its operator's seat unless that person is wearing all of 3,192
the available elements of the device, as properly adjusted; 3,193
(2) Operate an automobile on any street or highway unless 3,195
each passenger in the automobile who is subject to the 3,196
requirement set forth in division (B)(3) of this section is 3,197
wearing all of the available elements of a properly adjusted 3,198
occupant restraining device; 3,199
77
(3) Occupy, as a passenger, a seating position on the 3,201
front seat of an automobile being operated on any street or 3,202
highway unless that person is wearing all of the available 3,203
elements of a properly adjusted occupant restraining device; 3,204
(4) Operate a taxicab on any street or highway unless all 3,206
factory-equipped occupant restraining devices in the taxicab are 3,207
maintained in usable form. 3,208
(C) Division (B)(3) of this section does not apply to a 3,210
person who is required by section 4511.81 of the Revised Code to 3,211
be secured in a child restraint device. Division (B)(1) of this 3,212
section does not apply to a person who is an employee of the 3,213
United States postal service or of a newspaper home delivery 3,214
service, during any period in which the person is engaged in the 3,215
operation of an automobile to deliver mail or newspapers to 3,216
addressees. Divisions (B)(1) and (3) of this section do not 3,217
apply to a person who has an affidavit signed by a physician 3,218
licensed to practice in this state under Chapter 4731. of the 3,219
Revised Code or a chiropractor licensed to practice in this state 3,220
under Chapter 4734. of the Revised Code that states that the 3,221
person has a physical impairment that makes use of an occupant 3,222
restraining device impossible or impractical. 3,223
(D) Notwithstanding any provision of law to the contrary, 3,225
no law enforcement officer shall cause an operator of an 3,226
automobile being operated on any street or highway to stop the 3,227
automobile for the sole purpose of determining whether a 3,228
violation of division (B) of this section has been or is being 3,229
committed or for the sole purpose of issuing a ticket, citation, 3,230
or summons for a violation of that nature or causing the arrest 3,232
of or commencing a prosecution of a person for a violation of 3,233
that nature, and no law enforcement officer shall view the 3,235
interior or visually inspect any automobile being operated on any 3,236
street or highway for the sole purpose of determining whether a 3,237
violation of that nature has been or is being committed. 3,239
(E) All fines collected for violations of division (B) of 3,241
78
this section, or for violations of any ordinance or resolution of 3,242
a political subdivision that is substantively comparable to that 3,243
division, shall be forwarded to the treasurer of state for 3,244
deposit as follows: 3,245
(1) Ten EIGHT per cent shall be deposited into the seat 3,247
belt education fund, which is hereby created in the state 3,248
treasury, and shall be used by the department of public safety to 3,249
establish a seat belt education program. 3,250
(2) Ten EIGHT per cent shall be deposited into the 3,252
elementary school program fund, which is hereby created in the 3,253
state treasury, and shall be used by the department of public 3,255
safety to establish and administer elementary school programs 3,256
that encourage seat safety belt use. 3,257
(3) Until July 1, 1999, one per cent, and on and after 3,259
July 1, 1999, two TWO per cent shall be deposited into the Ohio 3,261
ambulance licensing trust fund created by section 4766.05 of the 3,262
Revised Code. 3,263
(4) Twenty-eight per cent shall be deposited into the 3,265
TRAUMA AND emergency medical services fund, which is hereby 3,266
created in the state treasury, and shall be used by the 3,268
department of public safety for the administration of the 3,269
division of emergency medical services and THE state board of 3,270
emergency medical services.
(5) Until July 1, 1999, fifty-one per cent, and on and 3,273
after July 1, 1999, fifty FIFTY-FOUR per cent shall be deposited 3,274
into the TRAUMA AND emergency medical services grants fund, which 3,276
is hereby created in the state treasury, and shall be used by the 3,277
state board of emergency medical services to make grants, in 3,278
accordance with section 4765.07 of the Revised Code and the rules 3,279
that the board adopts under section 4765.11 of the Revised Code, 3,281
to emergency medical service organizations for the training of 3,282
their personnel, for the purchase of equipment, and to improve 3,283
the availability, accessibility, and quality of emergency medical 3,284
services in this state. 3,285
79
(F) The failure of a person to wear all of the available 3,287
elements of a properly adjusted occupant restraining device in 3,288
violation of division (B)(1) or (3) of this section or the 3,289
failure of a person to ensure that each minor who is a passenger 3,290
of an automobile being operated by that person is wearing all of 3,291
the available elements of a properly adjusted occupant 3,292
restraining device in violation of division (B)(2) of this
section shall be considered by the trier of fact in a tort action 3,294
as contributory negligence or other tortious conduct or 3,295
considered for any other relevant purpose if the failure 3,296
contributed to the harm alleged in the tort action and may 3,297
diminish pursuant to section 2315.19 or 2315.20 of the Revised 3,298
Code a recovery of compensatory damages in a tort action; shall 3,299
not be used as a basis for a criminal prosecution of the person 3,300
other than a prosecution for a violation of this section; and 3,301
shall not be admissible as evidence in a criminal action 3,302
involving the person other than a prosecution for a violation of 3,303
this section. 3,304
Sec. 4513.99. (A) Whoever violates division (C), (D), 3,313
(E), or (F) of section 4513.241, section 4513.261, 4513.262, or 3,314
4513.36, or division (B)(3) of section 4513.60 of the Revised 3,315
Code is guilty of a minor misdemeanor. 3,316
(B) Whoever violates section 4513.02 or 4513.021, or 3,318
division (B)(4) of section 4513.263, or division (F) of section 3,319
4513.60 of the Revised Code is guilty of a minor misdemeanor on a 3,320
first offense; on a second or subsequent offense such person is 3,321
guilty of a misdemeanor of the third degree. 3,322
(C) Whoever violates sections 4513.03 to 4513.262 or 3,324
4513.27 to 4513.37 of the Revised Code, for which violation no 3,325
penalty is otherwise provided, is guilty of a minor misdemeanor 3,326
on a first offense; on a second offense within one year after the 3,327
first offense, such person is guilty of a misdemeanor of the 3,328
fourth degree; on each subsequent offense within one year after 3,329
the first offense, such person is guilty of a misdemeanor of the 3,330
80
third degree. 3,331
(D) Whoever violates section 4513.64 of the Revised Code 3,333
is guilty of a minor misdemeanor, and shall also be assessed any 3,334
costs incurred by the county, township, or municipal corporation 3,335
in disposing of such abandoned junk motor vehicle, less any money 3,336
accruing to the county, to the township, or to the municipal 3,337
corporation from such disposal. 3,338
(E) Whoever violates section 4513.65 of the Revised Code 3,340
is guilty of a minor misdemeanor on a first offense; on a second 3,341
offense, such person is guilty of a misdemeanor of the fourth 3,342
degree; on each subsequent offense, such person is guilty of a 3,343
misdemeanor of the third degree. 3,344
(F) Whoever violates division (B)(1) of section 4513.263 3,346
of the Revised Code shall be fined twenty-five THIRTY dollars. 3,347
(G) Whoever violates division (B)(3) of section 4513.263 3,349
of the Revised Code shall be fined fifteen TWENTY dollars. 3,350
(H) Whoever violates section 4513.361 of the Revised Code 3,352
is guilty of a misdemeanor of the first degree. 3,353
Sec. 4765.01. As used in this chapter: 3,362
(A) "First responder" means an individual who holds a 3,364
current, valid certificate issued under section 4765.30 of the 3,365
Revised Code to practice as a first responder. 3,366
(B) "Emergency medical technician-basic" or "EMT-basic" 3,369
means an individual who holds a current, valid certificate issued 3,370
under section 4765.30 of the Revised Code to practice as an 3,371
emergency medical technician-basic. 3,372
(C) "Emergency medical technician-intermediate" or "EMT-I" 3,375
means an individual who holds a current, valid certificate issued 3,377
under section 4765.30 of the Revised Code to practice as an 3,378
emergency medical technician-intermediate.
(D) "Emergency medical technician-paramedic" or 3,380
"paramedic" means an individual who holds a current, valid 3,381
certificate issued under section 4765.30 of the Revised Code to 3,382
practice as an emergency medical technician-paramedic. 3,383
81
(E) "Ambulance" means any motor vehicle that is used, or 3,385
is intended to be used, for the purpose of responding to 3,386
emergency medical situations, transporting emergency patients, 3,387
and administering emergency medical service to patients before, 3,388
during, or after transportation. 3,389
(F) "Cardiac monitoring" means a procedure used for the 3,391
purpose of observing and documenting the rate and rhythm of a 3,392
patient's heart by attaching electrical leads from an 3,393
electrocardiograph monitor to certain points on the patient's 3,394
body surface. 3,395
(G) "Emergency medical service" means any of the services 3,397
described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of 3,398
the Revised Code that are performed by first responders, 3,399
emergency medical technicians-basic, emergency medical 3,401
technicians-intermediate, and paramedics. "Emergency medical 3,402
service" includes such services performed before or during any
transport of a patient, including transports between hospitals 3,403
and transports to and from helicopters. 3,404
(H) "Emergency medical service organization" means a 3,406
public or private organization using first responders, 3,408
EMTs-basic, EMTs-I, or paramedics, or a combination of first 3,409
responders, EMTs-basic, EMTs-I, and paramedics, to provide 3,410
emergency medical services.
(I) "Physician" means an individual who holds a current, 3,412
valid certificate issued under Chapter 4731. of the Revised Code 3,413
authorizing the practice of medicine and surgery or osteopathic 3,414
medicine and surgery. 3,415
(J) "Registered nurse" means an individual who holds a 3,417
current, valid license issued under Chapter 4723. of the Revised 3,418
Code authorizing the practice of nursing as a registered nurse. 3,419
(K) "Volunteer" means a person who provides emergency 3,421
medical services either for no compensation or for compensation 3,422
that does not exceed the actual expenses of service and training 3,423
for INCURRED IN providing such THE services part time OR IN 3,425
82
TRAINING TO PROVIDE THE SERVICES.
(L) "EMERGENCY MEDICAL SERVICE PERSONNEL" MEANS FIRST 3,428
RESPONDERS, EMERGENCY MEDICAL SERVICE TECHNICIANS-BASIC,
EMERGENCY MEDICAL SERVICE TECHNICIANS-INTERMEDIATE, EMERGENCY 3,430
MEDICAL SERVICE TECHNICIANS-PARAMEDIC, AND PERSONS WHO PROVIDE
MEDICAL DIRECTION TO SUCH PERSONS. 3,431
(M) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01 3,434
OF THE REVISED CODE.
(N) "TRAUMA" OR "TRAUMATIC INJURY" MEANS SEVERE DAMAGE TO 3,436
OR DESTRUCTION OF TISSUE THAT SATISFIES BOTH OF THE FOLLOWING 3,437
CONDITIONS:
(1) IT CREATES A SIGNIFICANT RISK OF ANY OF THE FOLLOWING: 3,439
(a) LOSS OF LIFE; 3,441
(b) LOSS OF A LIMB; 3,443
(c) SIGNIFICANT, PERMANENT DISFIGUREMENT; 3,445
(d) SIGNIFICANT, PERMANENT DISABILITY. 3,447
(2) IT IS CAUSED BY ANY OF THE FOLLOWING: 3,449
(a) BLUNT OR PENETRATING INJURY; 3,451
(b) EXPOSURE TO ELECTROMAGNETIC, CHEMICAL, OR RADIOACTIVE 3,454
ENERGY;
(c) DROWNING, SUFFOCATION, OR STRANGULATION; 3,456
(d) A DEFICIT OR EXCESS OF HEAT. 3,458
(O) "TRAUMA VICTIM" OR "TRAUMA PATIENT" MEANS A PERSON WHO 3,460
HAS SUSTAINED A TRAUMATIC INJURY. 3,461
(P) "TRAUMA CARE" MEANS THE ASSESSMENT, DIAGNOSIS, 3,463
TRANSPORTATION, TREATMENT, OR REHABILITATION OF A TRAUMA VICTIM 3,464
BY EMERGENCY MEDICAL SERVICE PERSONNEL OR BY A PHYSICIAN, NURSE, 3,466
PHYSICIAN ASSISTANT, RESPIRATORY THERAPIST, PHYSICAL THERAPIST, 3,467
CHIROPRACTOR, OCCUPATIONAL THERAPIST, SPEECH-LANGUAGE 3,468
PATHOLOGIST, AUDIOLOGIST, OR PSYCHOLOGIST LICENSED TO PRACTICE AS 3,469
SUCH IN THIS STATE OR ANOTHER JURISDICTION. 3,470
(Q) "TRAUMA CENTER" MEANS ALL OF THE FOLLOWING: 3,472
(1) ANY HOSPITAL THAT IS VERIFIED BY THE AMERICAN COLLEGE 3,475
OF SURGEONS AS AN ADULT OR PEDIATRIC TRAUMA CENTER; 3,476
83
(2) UNTIL DECEMBER 31, 2004, ANY HOSPITAL IN THIS STATE 3,478
THAT IS DESIGNATED BY THE DIRECTOR OF HEALTH AS A LEVEL II 3,479
PEDIATRIC TRAUMA CENTER UNDER SECTION 3727.081 OF THE REVISED 3,480
CODE;
(3) ANY HOSPITAL IN ANOTHER STATE THAT IS LICENSED OR 3,483
DESIGNATED UNDER THE LAWS OF THAT STATE AS CAPABLE OF PROVIDING 3,484
SPECIALIZED TRAUMA CARE APPROPRIATE TO THE MEDICAL NEEDS OF THE 3,485
TRAUMA PATIENT.
(R) "PEDIATRIC" MEANS INVOLVING A PATIENT WHO IS LESS THAN 3,487
SIXTEEN YEARS OF AGE. 3,488
(S) "ADULT" MEANS INVOLVING A PATIENT WHO IS NOT A 3,490
PEDIATRIC PATIENT. 3,491
(T) "GERIATRIC" MEANS INVOLVING A PATIENT WHO IS AT LEAST 3,493
SEVENTY YEARS OLD OR EXHIBITS SIGNIFICANT ANATOMICAL OR 3,494
PHYSIOLOGICAL CHARACTERISTICS ASSOCIATED WITH ADVANCED AGING. 3,495
(U) "AIR MEDICAL ORGANIZATION" MEANS AN ORGANIZATION THAT 3,497
PROVIDES EMERGENCY MEDICAL SERVICES, OR TRANSPORTS EMERGENCY 3,498
VICTIMS, BY MEANS OF FIXED OR ROTARY WING AIRCRAFT. 3,499
(V) "EMERGENCY CARE" AND "EMERGENCY FACILITY" HAVE THE SAME 3,501
MEANINGS AS IN SECTION 3727.01 OF THE REVISED CODE. 3,502
(W) "STABILIZE," EXCEPT AS IT IS USED IN DIVISION (B) OF 3,505
SECTION 4765.35 OF THE REVISED CODE WITH RESPECT TO THE MANUAL 3,506
STABILIZATION OF FRACTURES, HAS THE SAME MEANING AS IN SECTION 3,507
1753.28 OF THE REVISED CODE. 3,508
(X) "TRANSFER" HAS THE SAME MEANING AS IN SECTION 1753.28 3,510
OF THE REVISED CODE. 3,511
Sec. 4765.02. There is hereby created the state board of 3,520
emergency medical services within the division of emergency 3,522
medical services of the department of public safety. The board
shall consist of eighteen THE members SPECIFIED IN THIS SECTION 3,524
who are residents of this state. The governor, with the advice 3,525
and consent of the senate, shall appoint seventeen ALL members of 3,526
the board, EXCEPT THE EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY 3,527
DESIGNATED BY THE DIRECTOR OF PUBLIC SAFETY UNDER THIS SECTION TO 3,528
84
BE A MEMBER OF THE BOARD. In making the appointments, the 3,530
governor shall appoint only members with background or experience 3,531
in emergency medical services or trauma care and shall attempt to 3,532
include members representing urban and rural areas and the, 3,533
various geographical regions of the state, AND VARIOUS SCHOOLS OF 3,535
TRAINING.
One member of the board shall be a physician certified by 3,537
the American board of emergency medicine or the American 3,538
osteopathic board of emergency medicine who is in the active IN 3,540
THE practice of emergency medicine and is actively involved with
an emergency medical service organization. The governor shall 3,541
appoint this member from among three persons nominated by the 3,542
Ohio chapter of the American college of emergency physicians AND 3,543
THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION. One 3,544
member shall be a physician certified by the American board of 3,547
surgery or the American osteopathic board of surgery who is
active in the practice of TRAUMA surgery and is actively involved 3,548
with emergency medical services. The governor shall appoint this 3,549
member from among three persons nominated by the Ohio chapter of 3,550
the American college of surgeons AND THREE PERSONS NOMINATED BY 3,551
THE OHIO OSTEOPATHIC ASSOCIATION. One member shall be a 3,552
physician certified by the American academy of pediatricians 3,553
PEDIATRICS OR AMERICAN OSTEOPATHIC BOARD OF PEDIATRICS who is 3,555
active in the practice of pediatric emergency medicine and
actively involved with an emergency medical service organization. 3,557
The governor shall appoint this member from among three persons 3,558
nominated by the Ohio chapter of the American academy of
pediatricians PEDIATRICS. One member shall be the administrator 3,559
of a hospital with an active emergency room AN ADULT OR PEDIATRIC 3,561
TRAUMA CENTER. The governor shall appoint this member from among 3,563
three persons nominated by the Ohio hospital association OHA: 3,565
THE ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS, THREE PERSONS 3,567
NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION, THREE PERSONS 3,568
NOMINATED BY THE ASSOCIATION OF OHIO CHILDREN'S HOSPITALS, AND 3,569
85
THREE PERSONS NOMINATED BY THE HEALTH FORUM OF OHIO. ONE MEMBER 3,570
SHALL BE THE ADMINISTRATOR OF A HOSPITAL THAT IS NOT A TRAUMA 3,571
CENTER. THE GOVERNOR SHALL APPOINT THIS MEMBER FROM AMONG THREE 3,572
PERSONS NOMINATED BY OHA: THE ASSOCIATION FOR HOSPITALS AND 3,573
HEALTH SYSTEMS, THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC 3,574
ASSOCIATION, THREE PERSONS NOMINATED BY THE ASSOCIATION OF OHIO 3,575
CHILDREN'S HOSPITALS, AND THREE PERSONS NOMINATED BY THE HEALTH 3,576
FORUM OF OHIO. One member shall be a registered nurse who is in 3,578
the active practice of emergency nursing. The governor shall 3,579
appoint this member from among three persons nominated by the 3,580
Ohio nurses association and three persons nominated by the Ohio 3,581
state council of the emergency nurses association. One member 3,582
shall be the chief of a fire department that is also an emergency 3,583
medical service organization in which more than fifty per cent of 3,584
the persons who provide emergency medical services are full-time 3,585
paid employees. The governor shall appoint this member from 3,586
among three persons nominated by the Ohio fire chiefs' 3,587
association. One member shall be the chief of a fire department 3,588
that is also an emergency medical service organization in which 3,589
more than fifty per cent of the persons who provide emergency 3,590
medical services are volunteers. The governor shall appoint this 3,591
member from among three persons nominated by the Ohio fire 3,592
chief's CHIEFS' association. One member shall be a person who is 3,594
certified to teach under section 4765.23 of the Revised Code or, 3,595
if the board has not yet certified persons to teach under that 3,596
section, a person who is qualified to be certified to teach under 3,597
that section. The governor shall appoint this member from among 3,598
three persons nominated by the Ohio emergency medical technician 3,599
instructors association and the Ohio instructor/coordinators' 3,600
society. One member shall be an EMT-basic, one shall be an 3,601
EMT-I, and one shall be a paramedic. The governor shall appoint 3,603
these members from among three EMTs-basic, three EMTs-I, and 3,604
three paramedics nominated by the Ohio association of
professional fire fighters and three EMTs-basic, three EMTs-I, 3,606
86
and three paramedics nominated by the northern Ohio fire 3,607
fighters. One member shall be an EMT-basic, one shall be an 3,608
EMT-I, and one shall be a paramedic whom the governor shall 3,609
appoint from among three EMTs-basic, three EMTs-I, and three 3,611
paramedics nominated by the Ohio state firefighter's association. 3,612
One member shall be a person whom the governor shall appoint from 3,613
among an EMT-basic, an EMT-I, and a paramedic nominated by the 3,614
Ohio association of emergency medical services. The governor 3,615
shall appoint one member who is an EMT-basic, EMT-I, or paramedic 3,617
affiliated with an emergency medical services organization. One 3,618
member shall be a member of the Ohio ambulance association whom 3,619
the governor shall appoint from among three persons nominated by 3,620
the Ohio ambulance association. ONE MEMBER SHALL BE A PHYSICIAN 3,621
CERTIFIED BY THE AMERICAN BOARD OF SURGERY, AMERICAN BOARD OF 3,622
OSTEOPATHIC SURGERY, AMERICAN OSTEOPATHIC BOARD OF EMERGENCY 3,623
MEDICINE, OR AMERICAN BOARD OF EMERGENCY MEDICINE WHO IS THE 3,624
CHIEF MEDICAL OFFICER OF AN AIR MEDICAL AGENCY AND IS CURRENTLY 3,626
ACTIVE IN PROVIDING EMERGENCY MEDICAL SERVICES. THE GOVERNOR
SHALL APPOINT THIS MEMBER FROM AMONG THREE PERSONS NOMINATED BY 3,627
THE OHIO ASSOCIATION OF AIR MEDICAL SERVICES. 3,628
The director of public safety shall designate an employee 3,630
of the department of public safety to serve as a member of the 3,631
board at the director's pleasure. This member shall serve as a 3,632
liaison between the department and the division of emergency 3,633
medical services in cooperation with the executive director of 3,634
the board. 3,635
The governor may refuse to appoint any of the persons 3,637
nominated by one or more organizations under this section, EXCEPT 3,638
THE EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY DESIGNATED BY THE 3,640
DIRECTOR OF PUBLIC SAFETY UNDER THIS SECTION TO BE A MEMBER OF 3,641
THE BOARD. However, if the governor refuses to appoint any of 3,642
the persons nominated by one or more organizations under this 3,643
section, IN THAT EVENT, the organization or organizations shall 3,645
continue to nominate the required number of persons to the 3,646
87
governor until the governor does appoint APPOINTS to the board 3,647
one or more of the persons nominated by the organization or 3,649
organizations.
THE DIRECTOR OF PUBLIC SAFETY SHALL DESIGNATE AN EMPLOYEE 3,651
OF THE DEPARTMENT OF PUBLIC SAFETY TO SERVE AS A MEMBER OF THE 3,652
BOARD AT THE DIRECTOR'S PLEASURE. THIS MEMBER SHALL SERVE AS A 3,653
LIAISON BETWEEN THE DEPARTMENT AND THE DIVISION OF EMERGENCY 3,654
MEDICAL SERVICES IN COOPERATION WITH THE EXECUTIVE DIRECTOR OF 3,655
THE BOARD.
Initial appointments to the board by the governor and the 3,657
director of public safety shall be made within ninety days after 3,658
the effective date of this amendment NOVEMBER 12, 1992. Of the 3,660
initial appointments by the governor, five shall be for terms 3,661
ending one year after the effective date of this amendment 3,663
NOVEMBER 12, 1992, six shall be for terms ending two years after 3,664
the effective date of this amendment NOVEMBER 12, 1992, and six 3,665
shall be for terms ending three years after the effective date of 3,667
this amendment NOVEMBER 12, 1992. WITHIN NINETY DAYS AFTER THE 3,668
EFFECTIVE DATE OF THIS AMENDMENT, THE GOVERNOR SHALL APPOINT THE 3,669
MEMBER OF THE BOARD WHO IS THE CHIEF MEDICAL OFFICER OF AN AIR 3,670
MEDICAL AGENCY FOR AN INITIAL TERM ENDING NOVEMBER 12, 2000. 3,671
Thereafter, terms of office of all members appointed by the 3,673
governor shall be for three years, each term ending on the same 3,674
day of the same month as did the term it succeeds. Each member 3,675
shall hold office from the date of appointment until the end of 3,676
the term for which the member was appointed. A member shall 3,678
continue in office subsequent to the expiration date of the 3,679
member's term until the member's successor takes office, or until 3,681
a period of sixty days has elapsed, whichever occurs first. 3,682
Each vacancy shall be filled in the same manner as the 3,684
original appointment. A member appointed to fill a vacancy 3,685
occurring prior to the expiration of the term for which the 3,686
member's predecessor was appointed shall hold office for the 3,688
remainder of the unexpired term. 3,689
88
The term of a member shall expire if the member ceases to 3,691
meet any of the requirements to be appointed as that member. The 3,692
governor may remove any member from office for neglect of duty, 3,693
malfeasance, misfeasance, or nonfeasance, after an adjudication 3,694
hearing held in accordance with Chapter 119. of the Revised Code. 3,695
The members of the board shall serve without compensation 3,697
but shall be reimbursed for their actual and necessary expenses 3,698
incurred in carrying out their duties as board members. 3,699
The board shall organize by annually selecting a chair AND 3,701
VICE-CHAIR from among its members. Ten THE BOARD MAY ADOPT 3,702
BYLAWS TO REGULATE ITS AFFAIRS. A MAJORITY OF ALL members of the 3,703
board shall constitute a quorum. No action shall be taken 3,704
without the concurrence of ten members A MAJORITY OF ALL MEMBERS 3,705
OF THE BOARD. The board shall meet at least four times annually 3,707
and at the call of the chair. The chair shall call a meeting on 3,708
the request of the executive director or the medical director of
the board or on the written request of ten FIVE members. THE 3,709
BOARD SHALL MAINTAIN WRITTEN OR ELECTRONIC RECORDS OF ITS 3,710
MEETINGS.
UPON TWENTY-FOUR HOURS' NOTICE FROM A MEMBER OF THE BOARD, 3,712
THE MEMBER'S EMPLOYER SHALL RELEASE THE MEMBER FROM THE MEMBER'S 3,713
EMPLOYMENT DUTIES TO ATTEND MEETINGS OF THE FULL BOARD. NOTHING 3,714
IN THIS PARAGRAPH REQUIRES THE EMPLOYER OF A MEMBER OF THE BOARD 3,715
TO COMPENSATE THE MEMBER FOR TIME THE MEMBER IS RELEASED FROM 3,716
EMPLOYMENT DUTIES UNDER THIS PARAGRAPH, BUT ANY CIVIL IMMUNITY, 3,717
WORKERS' COMPENSATION, DISABILITY, OR SIMILAR COVERAGE THAT
APPLIES TO A MEMBER OF THE BOARD AS A RESULT OF THE MEMBER'S 3,718
EMPLOYMENT SHALL CONTINUE TO APPLY WHILE THE MEMBER IS RELEASED 3,719
FROM EMPLOYMENT DUTIES UNDER THIS PARAGRAPH. 3,720
Sec. 4765.03. (A) The director of public safety shall 3,729
appoint a full-time executive director for the state board of 3,730
emergency medical services. The executive director shall be 3,731
knowledgeable in emergency medical services AND TRAUMA CARE and 3,732
shall serve at the pleasure of the director of public safety. 3,733
89
The director of public safety shall appoint the executive 3,734
director from among three persons nominated by the board. The 3,735
director of public safety may refuse, for cause, to appoint any 3,736
of the board's nominees. If the director fails to appoint any of 3,737
the board's nominees, the board shall continue to nominate groups 3,738
of three persons until the director does appoint one of the 3,739
board's nominees. The executive director shall serve as the 3,740
chief executive officer of the board and as the executive 3,741
director of the division of emergency medical services. He THE 3,743
EXECUTIVE DIRECTOR shall attend each meeting of the board, except 3,745
meeting THE BOARD MAY EXCLUDE THE EXECUTIVE DIRECTOR FROM 3,746
DISCUSSIONS concerning the appointment or terms of employment OR 3,747
PERFORMANCE of an THE executive director OR MEDICAL DIRECTOR of 3,748
the board. The executive director shall give a surety bond to 3,750
the state in such sum as the board determines, conditioned on the 3,751
faithful performance of the duties of his THE EXECUTIVE 3,752
DIRECTOR'S office. The executive director shall receive a salary 3,754
from the board and shall be reimbursed for his actual and 3,755
necessary expenses incurred in carrying out his duties as 3,756
executive director.
The executive director of the board shall submit a report 3,758
to the director of public safety AT LEAST every three months 3,760
regarding the status of emergency medical services in this state. 3,761
The executive director of the board shall meet with the director 3,762
of public safety at the director's request. 3,763
(B) The board shall appoint a medical director, who shall 3,765
serve at the pleasure of the board. The medical director shall 3,766
be a physician certified by the American board of emergency 3,767
medicine or the American osteopathic board of emergency medicine 3,768
who is active in the practice of emergency medicine and has been 3,769
actively involved with an emergency medical service organization 3,770
for at least five years prior to his appointment BEING APPOINTED. 3,772
The board may accept SHALL CONSIDER ANY recommendations for this 3,773
appointment from the Ohio chapter of the American college of 3,775
90
emergency physicians, THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF 3,776
SURGEONS, THE OHIO CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS, 3,777
the Ohio osteopathic association, and the Ohio state medical 3,778
association.
The medical director shall direct the executive director 3,780
and advise the board with regard to ADULT AND PEDIATRIC TRAUMA 3,781
AND emergency medical services issues. He THE MEDICAL DIRECTOR 3,784
shall attend each meeting of the board, except meetings THE BOARD 3,786
MAY EXCLUDE THE MEDICAL DIRECTOR FROM DISCUSSIONS concerning the 3,787
appointment OR PERFORMANCE of a THE medical director OR EXECUTIVE 3,788
DIRECTOR of the board. The medical director shall be employed 3,789
and paid by the board as a consultant and shall be reimbursed for 3,790
his actual and necessary expenses incurred in carrying out his 3,791
duties as medical director. 3,792
(C) The board may appoint employees as it determines 3,794
necessary. The board shall prescribe the duties and titles of 3,795
its employees. 3,796
Sec. 4765.04. (A) THE FIREFIGHTER AND FIRE SAFETY 3,798
INSPECTOR TRAINING COMMITTEE OF THE STATE BOARD OF EMERGENCY 3,799
MEDICAL SERVICES IS HEREBY CREATED AND SHALL CONSIST OF THE 3,800
MEMBERS OF THE BOARD WHO ARE CHIEFS OF FIRE DEPARTMENTS, AND THE 3,801
MEMBERS OF THE BOARD WHO ARE EMERGENCY MEDICAL TECHNICIANS-BASIC, 3,802
EMERGENCY MEDICAL TECHNICIANS-INTERMEDIATE, AND EMERGENCY MEDICAL 3,804
TECHNICIANS-PARAMEDIC APPOINTED FROM AMONG PERSONS NOMINATED BY 3,805
THE OHIO ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS OR THE 3,806
NORTHERN OHIO FIRE FIGHTERS AND FROM AMONG PERSONS NOMINATED BY 3,808
THE OHIO STATE FIREFIGHTER'S ASSOCIATION. EACH MEMBER OF THE 3,810
COMMITTEE, EXCEPT THE CHAIRPERSON, MAY DESIGNATE A PERSON WITH 3,811
FIRE EXPERIENCE TO SERVE IN THAT MEMBER'S PLACE. THE MEMBERS OF 3,812
THE COMMITTEE OR THEIR DESIGNEES SHALL SELECT A CHAIRPERSON FROM 3,813
AMONG THE MEMBERS OR THEIR DESIGNEES.
(B) THE TRAUMA COMMITTEE OF THE STATE BOARD OF EMERGENCY 3,816
MEDICAL SERVICES IS HEREBY CREATED AND SHALL CONSIST OF THE 3,817
FOLLOWING MEMBERS APPOINTED BY THE DIRECTOR OF PUBLIC SAFETY: 3,818
91
(1) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,821
SURGERY OR AMERICAN OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY 3,823
PRACTICES GENERAL TRAUMA SURGERY, APPOINTED FROM AMONG THREE 3,824
PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF 3,826
SURGEONS, THREE PERSONS NOMINATED BY THE OHIO STATE MEDICAL 3,827
ASSOCIATION, AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC 3,828
ASSOCIATION; 3,829
(2) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,832
SURGERY OR THE AMERICAN OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY 3,834
PRACTICES ORTHOPEDIC TRAUMA SURGERY, APPOINTED FROM AMONG THREE 3,835
PERSONS NOMINATED BY THE OHIO ORTHOPEDIC SOCIETY AND THREE 3,836
PERSONS NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION; 3,837
(3) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,840
NEUROLOGICAL SURGEONS OR THE AMERICAN OSTEOPATHIC BOARD OF 3,842
SURGERY AND ACTIVELY PRACTICES NEUROSURGERY ON TRAUMA VICTIMS, 3,843
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO STATE 3,844
NEUROLOGICAL SOCIETY AND THREE PERSONS NOMINATED BY THE OHIO 3,845
OSTEOPATHIC ASSOCIATION; 3,846
(4) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,848
SURGEONS OR AMERICAN OSTEOPATHIC BOARD OF SURGEONS AND ACTIVELY 3,849
SPECIALIZES IN TREATING BURN VICTIMS, APPOINTED FROM AMONG THREE 3,850
PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF 3,852
SURGEONS AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC 3,853
ASSOCIATION;
(5) A DENTIST WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,855
ORAL AND MAXILLOFACIAL SURGERY AND ACTIVELY PRACTICES ORAL AND 3,857
MAXILLOFACIAL SURGERY, APPOINTED FROM AMONG THREE PERSONS 3,858
NOMINATED BY THE OHIO DENTAL ASSOCIATION;
(6) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,861
PHYSICAL MEDICINE AND REHABILITATION OR AMERICAN OSTEOPATHIC 3,862
BOARD OF REHABILITATION MEDICINE AND ACTIVELY PROVIDES 3,863
REHABILITATIVE CARE TO TRAUMA VICTIMS, APPOINTED FROM AMONG THREE 3,864
PERSONS NOMINATED BY THE OHIO SOCIETY OF PHYSICAL MEDICINE AND 3,866
REHABILITATION AND THREE PERSONS NOMINATED BY THE OHIO 3,867
92
OSTEOPATHIC ASSOCIATION;
(7) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,871
SURGERY OR AMERICAN OSTEOPATHIC BOARD OF SURGERY WITH SPECIAL 3,873
QUALIFICATIONS IN PEDIATRIC SURGERY AND ACTIVELY PRACTICES 3,874
PEDIATRIC TRAUMA SURGERY, APPOINTED FROM AMONG THREE PERSONS 3,875
NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN ACADEMY OF 3,877
PEDIATRICS AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC 3,878
ASSOCIATION; 3,879
(8) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,882
EMERGENCY MEDICINE OR AMERICAN OSTEOPATHIC BOARD OF EMERGENCY 3,883
MEDICINE, ACTIVELY PRACTICES EMERGENCY MEDICINE, AND IS ACTIVELY 3,885
INVOLVED IN EMERGENCY MEDICAL SERVICES, APPOINTED FROM AMONG 3,886
THREE PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN 3,888
COLLEGE OF EMERGENCY PHYSICIANS AND THREE PERSONS NOMINATED BY 3,889
THE OHIO OSTEOPATHIC ASSOCIATION; 3,890
(9) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,893
PEDIATRICS, AMERICAN OSTEOPATHIC BOARD OF PEDIATRICS, OR AMERICAN 3,894
BOARD OF EMERGENCY MEDICINE, IS SUB-BOARDED IN PEDIATRIC 3,895
EMERGENCY MEDICINE, ACTIVELY PRACTICES PEDIATRIC EMERGENCY 3,897
MEDICINE, AND IS ACTIVELY INVOLVED IN EMERGENCY MEDICAL SERVICES, 3,899
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER 3,900
OF THE AMERICAN ACADEMY OF PEDIATRICS, THREE PERSONS NOMINATED BY 3,903
THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, 3,905
AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION; 3,906
(10) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF 3,909
SURGERY, AMERICAN OSTEOPATHIC BOARD OF SURGERY, OR AMERICAN BOARD 3,911
OF EMERGENCY MEDICINE AND IS THE CHIEF MEDICAL OFFICER OF AN AIR 3,912
MEDICAL ORGANIZATION, APPOINTED FROM AMONG THREE PERSONS 3,913
NOMINATED BY THE OHIO ASSOCIATION OF AIR MEDICAL SERVICES; 3,915
(11) A CORONER OR MEDICAL EXAMINER APPOINTED FROM AMONG 3,917
THREE PEOPLE NOMINATED BY THE OHIO STATE CORONERS' ASSOCIATION; 3,919
(12) A REGISTERED NURSE WHO ACTIVELY PRACTICES TRAUMA 3,921
NURSING AT AN ADULT OR PEDIATRIC TRAUMA CENTER, APPOINTED FROM 3,922
AMONG THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION OF TRAUMA 3,925
93
NURSE COORDINATORS;
(13) A REGISTERED NURSE WHO ACTIVELY PRACTICES EMERGENCY 3,927
NURSING AND IS ACTIVELY INVOLVED IN EMERGENCY MEDICAL SERVICES, 3,928
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER 3,930
OF THE EMERGENCY NURSES' ASSOCIATION; 3,931
(14) THE CHIEF TRAUMA REGISTRAR OF AN ADULT OR PEDIATRIC 3,933
TRAUMA CENTER, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY 3,934
THE ALLIANCE OF OHIO TRAUMA REGISTRARS; 3,935
(15) THE ADMINISTRATOR OF AN ADULT OR PEDIATRIC TRAUMA 3,937
CENTER, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY OHA: THE 3,938
ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS, THREE PERSONS 3,939
NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION, THREE PERSONS 3,940
NOMINATED BY THE ASSOCIATION OF OHIO CHILDREN'S HOSPITALS, AND 3,941
THREE PERSONS NOMINATED BY THE HEALTH FORUM OF OHIO; 3,942
(16) THE ADMINISTRATOR OF A HOSPITAL THAT IS NOT A TRAUMA 3,944
CENTER AND ACTIVELY PROVIDES EMERGENCY CARE TO ADULT OR PEDIATRIC 3,945
TRAUMA PATIENTS, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY 3,946
OHA: THE ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS, THREE 3,947
PERSONS NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION, THREE 3,948
PERSONS NOMINATED BY THE ASSOCIATION OF OHIO CHILDREN'S 3,949
HOSPITALS, AND THREE PERSONS NOMINATED BY THE HEALTH FORUM OF 3,950
OHIO;
(17) THE OPERATOR OF AN AMBULANCE COMPANY THAT ACTIVELY 3,952
PROVIDES TRAUMA CARE TO EMERGENCY PATIENTS, APPOINTED FROM AMONG 3,953
THREE PERSONS NOMINATED BY THE OHIO AMBULANCE ASSOCIATION; 3,956
(18) THE CHIEF OF A FIRE DEPARTMENT THAT ACTIVELY PROVIDES 3,958
TRAUMA CARE TO EMERGENCY PATIENTS, APPOINTED FROM AMONG THREE 3,960
PERSONS NOMINATED BY THE OHIO FIRE CHIEFS' ASSOCIATION; 3,962
(19) AN EMT OR PARAMEDIC WHO IS CERTIFIED UNDER THIS 3,965
CHAPTER AND ACTIVELY PROVIDES TRAUMA CARE TO EMERGENCY PATIENTS, 3,967
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO 3,968
ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, THREE PERSONS NOMINATED 3,970
BY THE NORTHERN OHIO FIRE FIGHTERS, THREE PERSONS NOMINATED BY 3,971
THE OHIO STATE FIREFIGHTERS' ASSOCIATION, AND THREE PERSONS 3,973
94
NOMINATED BY THE OHIO ASSOCIATION OF EMERGENCY MEDICAL SERVICES; 3,975
(20) A PERSON WHO ACTIVELY ADVOCATES FOR TRAUMA VICTIMS, 3,977
APPOINTED FROM THREE PERSONS NOMINATED BY THE OHIO BRAIN INJURY 3,978
ASSOCIATION AND THREE PERSONS NOMINATED BY THE GOVERNOR'S COUNCIL 3,980
ON PEOPLE WITH DISABILITIES; 3,981
(21) A PHYSICIAN OR NURSE WHO HAS SUBSTANTIAL 3,983
ADMINISTRATIVE RESPONSIBILITY FOR TRAUMA CARE PROVIDED IN OR BY 3,984
AN ADULT OR PEDIATRIC TRAUMA CENTER, APPOINTED FROM AMONG THREE 3,985
PERSONS NOMINATED BY OHA: THE ASSOCIATION FOR HOSPITALS AND 3,986
HEALTH SYSTEMS, THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC 3,987
ASSOCIATION, THREE PERSONS NOMINATED BY THE ASSOCIATION OF OHIO 3,988
CHILDREN'S HOSPITALS, AND THREE PERSONS NOMINATED BY THE HEALTH 3,989
FORUM OF OHIO;
(22) THREE REPRESENTATIVES OF HOSPITALS THAT ARE NOT 3,991
TRAUMA CENTERS AND ACTIVELY PROVIDE EMERGENCY CARE TO TRAUMA 3,992
PATIENTS, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY OHA: 3,994
THE ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS, THREE PERSONS 3,995
NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION, THREE PERSONS 3,996
NOMINATED BY THE ASSOCIATION OF OHIO CHILDREN'S HOSPITALS, AND 3,997
THREE PERSONS NOMINATED BY THE HEALTH FORUM OF OHIO. THE 3,998
REPRESENTATIVES MAY BE HOSPITAL ADMINISTRATORS, PHYSICIANS, 3,999
NURSES, OR OTHER CLINICAL PROFESSIONALS. 4,000
MEMBERS OF THE COMMITTEE SHALL HAVE SUBSTANTIAL EXPERIENCE 4,002
IN THE CATEGORIES THEY REPRESENT, SHALL BE RESIDENTS OF THIS 4,003
STATE, AND MAY BE MEMBERS OF THE STATE BOARD OF EMERGENCY MEDICAL 4,004
SERVICES. IN APPOINTING MEMBERS OF THE COMMITTEE, THE DIRECTOR 4,005
SHALL ATTEMPT TO INCLUDE MEMBERS REPRESENTING URBAN AND RURAL 4,006
AREAS, VARIOUS GEOGRAPHICAL AREAS OF THE STATE, AND VARIOUS 4,007
SCHOOLS OF TRAINING. THE DIRECTOR SHALL NOT APPOINT TO THE 4,009
COMMITTEE MORE THAN ONE MEMBER WHO IS EMPLOYED BY OR PRACTICES AT 4,010
THE SAME HOSPITAL, HEALTH SYSTEM, OR EMERGENCY MEDICAL SERVICE 4,011
ORGANIZATION.
THE DIRECTOR MAY REFUSE TO APPOINT ANY OF THE PERSONS 4,013
NOMINATED BY AN ORGANIZATION OR ORGANIZATIONS UNDER THIS 4,014
95
DIVISION. IN THAT EVENT, THE ORGANIZATION OR ORGANIZATIONS SHALL 4,016
CONTINUE TO NOMINATE THE REQUIRED NUMBER OF PERSONS UNTIL THE 4,017
DIRECTOR APPOINTS TO THE COMMITTEE ONE OR MORE OF THE PERSONS 4,018
NOMINATED BY THE ORGANIZATION OR ORGANIZATIONS.
INITIAL APPOINTMENTS TO THE COMMITTEE SHALL BE MADE BY THE 4,020
DIRECTOR NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF 4,021
THIS SECTION. MEMBERS OF THE COMMITTEE SHALL SERVE AT THE 4,022
PLEASURE OF THE DIRECTOR, EXCEPT THAT ANY MEMBER OF THE COMMITTEE 4,023
WHO CEASES TO BE QUALIFIED FOR THE POSITION TO WHICH THE MEMBER 4,024
WAS APPOINTED SHALL CEASE TO BE A MEMBER OF THE COMMITTEE. 4,025
VACANCIES ON THE COMMITTEE SHALL BE FILLED IN THE SAME MANNER AS 4,026
ORIGINAL APPOINTMENTS. 4,027
THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT 4,029
COMPENSATION, BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY 4,030
EXPENSES INCURRED IN CARRYING OUT DUTIES AS MEMBERS OF THE 4,031
COMMITTEE. 4,032
THE COMMITTEE SHALL SELECT A CHAIRPERSON AND 4,034
VICE-CHAIRPERSON FROM AMONG ITS MEMBERS. A MAJORITY OF ALL 4,035
MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM. NO ACTION 4,036
SHALL BE TAKEN WITHOUT THE CONCURRENCE OF A MAJORITY OF ALL 4,037
MEMBERS OF THE COMMITTEE. THE COMMITTEE SHALL MEET AT THE CALL 4,038
OF THE CHAIR, UPON WRITTEN REQUEST OF FIVE MEMBERS OF THE 4,039
COMMITTEE, AND AT THE DIRECTION OF THE STATE BOARD OF EMERGENCY 4,040
MEDICAL SERVICES. THE COMMITTEE SHALL NOT MEET AT TIMES OR 4,041
LOCATIONS THAT CONFLICT WITH MEETINGS OF THE BOARD. THE 4,042
EXECUTIVE DIRECTOR AND MEDICAL DIRECTOR OF THE STATE BOARD OF 4,043
EMERGENCY MEDICAL SERVICES MAY PARTICIPATE IN ANY MEETING OF THE 4,044
COMMITTEE AND SHALL DO SO AT THE REQUEST OF THE COMMITTEE. 4,045
THE COMMITTEE SHALL ADVISE AND ASSIST THE STATE BOARD OF 4,047
EMERGENCY MEDICAL SERVICES IN MATTERS RELATED TO ADULT AND 4,049
PEDIATRIC TRAUMA CARE AND THE ESTABLISHMENT AND OPERATION OF THE 4,051
STATE TRAUMA REGISTRY. IN MATTERS RELATING TO THE STATE TRAUMA 4,052
REGISTRY, THE BOARD AND THE COMMITTEE SHALL CONSULT WITH TRAUMA 4,053
REGISTRARS FROM ADULT AND PEDIATRIC TRAUMA CENTERS IN THE STATE.
96
THE COMMITTEE MAY APPOINT A SUBCOMMITTEE TO ADVISE AND ASSIST 4,055
WITH THE TRAUMA REGISTRY. THE SUBCOMMITTEE MAY INCLUDE PERSONS 4,056
WITH EXPERTISE RELEVANT TO THE TRAUMA REGISTRY WHO ARE NOT 4,057
MEMBERS OF THE BOARD OR COMMITTEE. 4,058
(C) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES MAY 4,061
APPOINT OTHER COMMITTEES AND SUBCOMMITTEES AS IT CONSIDERS 4,062
NECESSARY.
(D) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES, AND ANY 4,065
OF ITS COMMITTEES OR SUBCOMMITTEES, MAY REQUEST ASSISTANCE FROM 4,066
ANY STATE AGENCY. THE BOARD AND ITS COMMITTEES AND SUBCOMMITTEES 4,067
MAY PERMIT PERSONS WHO ARE NOT MEMBERS OF THOSE BODIES TO 4,068
PARTICIPATE IN DELIBERATIONS OF THOSE BODIES, BUT NO PERSON WHO 4,069
IS NOT A MEMBER OF THE BOARD SHALL VOTE ON THE BOARD AND NO 4,070
PERSON WHO IS NOT A MEMBER OF A COMMITTEE CREATED UNDER DIVISION 4,071
(A) OR (B) OF THIS SECTION SHALL VOTE ON THAT COMMITTEE. 4,074
(E) SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO 4,076
THE COMMITTEES ESTABLISHED UNDER DIVISION (A) OR (B) OF THIS 4,077
SECTION.
Sec. 4765.05. As used in this section, "prehospital 4,086
emergency medical services" means an emergency medical services 4,087
system that provides medical services to patients who require 4,088
immediate assistance, because of illness or injury, prior to 4,089
their arrival at an emergency medical facility. 4,090
The state board of emergency medical services shall divide 4,092
the state into prehospital emergency medical services regions for 4,093
purposes of overseeing the delivery of ADULT AND PEDIATRIC 4,094
prehospital emergency medical services. These regions shall 4,095
consist of the same geographic regions as the health service 4,096
areas designated by the director of health under section 3702.58 4,097
of the Revised Code. For each region, the board shall appoint 4,098
either a physician to serve as the regional director or a 4,099
physician advisory board to serve as the regional advisory board. 4,100
The board shall specify the duties of each regional director and 4,101
regional advisory board. Regional directors and members of 4,102
97
regional advisory boards shall serve without compensation, but 4,103
shall be reimbursed for their actual and necessary expenses 4,104
incurred in carrying out their duties as regional directors and 4,105
members of regional advisory boards. 4,106
Sec. 4765.06. (A) The state board of emergency medical 4,115
services shall establish an emergency medical services incidence 4,116
reporting system for the collection of information regarding the 4,117
delivery of emergency medical services in this state and the 4,118
frequency at which the services are provided. All emergency 4,119
medical service organizations shall submit to the board any 4,120
information that the board determines is necessary for 4,121
maintaining the incidence reporting system. 4,122
(B) The board shall establish a STATE trauma system 4,124
registry to be used for the collection of information regarding 4,126
the care of ADULT AND PEDIATRIC trauma victims in this state. 4,127
The registry shall provide for the reporting of ADULT AND 4,129
PEDIATRIC trauma-related deaths, identification of ADULT AND 4,130
PEDIATRIC trauma patients, monitoring of ADULT AND PEDIATRIC 4,131
trauma patient care data, determination of the total amount of 4,132
uncompensated ADULT AND PEDIATRIC trauma care provided annually 4,133
by each facility that provides care to trauma victims, and 4,134
collection of any other information specified by the board. All 4,135
persons designated by the board shall submit to the board any
information it determines is necessary for maintaining the STATE 4,137
TRAUMA registry. At the request of the board any state agency
possessing information regarding ADULT OR PEDIATRIC trauma 4,138
patient care shall provide the information to the board. The 4,140
board shall maintain the STATE TRAUMA registry in accordance with 4,141
rules adopted under section 4765.11 of the Revised Code. 4,143
In accordance with standards established in rules adopted 4,145
under section 4765.11 of the Revised Code, the board shall 4,146
maintain the confidentiality of any information collected under 4,147
this section that would identify a specific patient of emergency 4,148
medical services or trauma care, except as otherwise provided in 4,149
98
section 149.43 of the Revised Code. 4,150
RULES RELATING TO THE STATE TRAUMA REGISTRY ADOPTED UNDER 4,152
THIS SECTION AND SECTION 4765.11 OF THE REVISED CODE SHALL NOT 4,153
PROHIBIT THE OPERATION OF OTHER TRAUMA REGISTRIES AND MAY PROVIDE 4,154
FOR THE REPORTING OF INFORMATION TO THE STATE TRAUMA REGISTRY BY 4,156
OR THROUGH OTHER TRAUMA REGISTRIES IN A MANNER CONSISTENT WITH
INFORMATION OTHERWISE REPORTED TO THE STATE TRAUMA REGISTRY. 4,157
OTHER TRAUMA REGISTRIES MAY REPORT AGGREGATE INFORMATION TO THE 4,158
STATE TRAUMA REGISTRY, PROVIDED THE INFORMATION CAN BE MATCHED TO 4,159
THE PERSON THAT REPORTED IT. INFORMATION MAINTAINED BY ANOTHER 4,160
TRAUMA REGISTRY AND REPORTED TO THE STATE TRAUMA REGISTRY IN LIEU 4,161
OF BEING REPORTED DIRECTLY TO THE STATE TRAUMA REGISTRY IS A 4,163
PUBLIC RECORD AND SHALL BE MAINTAINED, MADE AVAILABLE TO THE
PUBLIC, HELD IN CONFIDENCE, RISK ADJUSTED, AND NOT SUBJECT TO 4,164
DISCOVERY OR INTRODUCTION INTO EVIDENCE IN A CIVIL ACTION AS 4,166
PROVIDED IN SECTION 149.43 OF THE REVISED CODE AND THIS SECTION. 4,167
ANY PERSON WHO PROVIDES, MAINTAINS, OR RISK ADJUSTS SUCH
INFORMATION SHALL COMPLY WITH THIS SECTION AND RULES ADOPTED 4,169
UNDER IT IN PERFORMING THAT FUNCTION AND HAS THE SAME IMMUNITIES 4,171
WITH RESPECT TO THAT FUNCTION AS A PERSON WHO PERFORMS THAT 4,172
FUNCTION WITH RESPECT TO THE STATE TRAUMA REGISTRY.
(C) THE BOARD AND ANY EMPLOYEE OR CONTRACTOR OF THE BOARD 4,175
OR THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT MAKE PUBLIC 4,176
INFORMATION IT RECEIVES UNDER CHAPTER 4765. OF THE REVISED CODE 4,179
THAT IDENTIFIES OR WOULD TEND TO IDENTIFY A SPECIFIC RECIPIENT OF 4,180
EMERGENCY MEDICAL SERVICES OR ADULT OR PEDIATRIC TRAUMA CARE. 4,181
(D) NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF 4,184
THIS AMENDMENT, THE BOARD SHALL ADOPT AND IMPLEMENT RULES UNDER 4,185
SECTION 4765.11 OF THE REVISED CODE THAT PROVIDE WRITTEN 4,186
STANDARDS AND PROCEDURES FOR RISK ADJUSTMENT OF INFORMATION 4,187
RECEIVED BY THE BOARD UNDER CHAPTER 4765. OF THE REVISED CODE. 4,190
THE RULES SHALL BE DEVELOPED IN CONSULTATION WITH APPROPRIATE 4,192
MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL SERVICE ORGANIZATIONS 4,193
AND MAY PROVIDE FOR RISK ADJUSTMENT BY A CONTRACTOR OF THE BOARD. 4,194
99
BEFORE RISK ADJUSTMENT STANDARDS AND PROCEDURES ARE IMPLEMENTED, 4,195
NO MEMBER OF THE BOARD AND NO EMPLOYEE OR CONTRACTOR OF THE BOARD 4,196
OR THE DEPARTMENT OF PUBLIC SAFETY SHALL MAKE PUBLIC INFORMATION 4,197
RECEIVED BY THE BOARD UNDER CHAPTER 4765. OF THE REVISED CODE 4,199
THAT IDENTIFIES OR WOULD TEND TO IDENTIFY A SPECIFIC PROVIDER OF 4,200
EMERGENCY MEDICAL SERVICES OR ADULT OR PEDIATRIC TRAUMA CARE. 4,201
AFTER RISK ADJUSTMENT STANDARDS AND PROCEDURES ARE IMPLEMENTED, 4,203
THE BOARD SHALL MAKE PUBLIC SUCH INFORMATION ONLY ON A RISK 4,204
ADJUSTED BASIS.
(E) THE BOARD SHALL ADOPT RULES UNDER SECTION 4765.11 OF 4,207
THE REVISED CODE THAT SPECIFY PROCEDURES FOR ENSURING THE 4,209
CONFIDENTIALITY OF INFORMATION THAT IS NOT TO BE MADE PUBLIC 4,210
UNDER THIS SECTION. THE RULES SHALL SPECIFY THE CIRCUMSTANCES IN 4,211
WHICH DELIBERATIONS OF THE PERSONS PERFORMING RISK ADJUSTMENT 4,212
FUNCTIONS UNDER THIS SECTION ARE NOT OPEN TO THE PUBLIC AND 4,213
RECORDS OF THOSE DELIBERATIONS ARE MAINTAINED IN CONFIDENCE. 4,214
NOTHING IN THIS SECTION PROHIBITS THE BOARD FROM MAKING PUBLIC 4,215
STATISTICAL INFORMATION THAT DOES NOT IDENTIFY OR TEND TO 4,216
IDENTIFY A SPECIFIC RECIPIENT OR PROVIDER OF EMERGENCY MEDICAL 4,217
SERVICES OR ADULT OR PEDIATRIC TRAUMA CARE. 4,218
(F) No provider that furnishes information, data, reports, 4,220
or records to the board with respect to any patient the provider 4,221
examined or treated shall, because of this furnishing, be deemed 4,222
liable in damages to any person or be held to answer for betrayal 4,223
of a professional confidence pursuant to section 4731.22 of the 4,224
Revised Code IN THE ABSENCE OF WILLFUL OR WANTON MISCONDUCT. No 4,225
such information, data, reports, or records shall be subject to 4,227
introduction in evidence in any civil action against the 4,228
provider. No provider that furnishes information, data, reports, 4,229
or records to the board shall be liable for the misuse or 4,230
improper release of the information, data, reports, or records by 4,231
the board, any other public agency, or any other person. 4,232
This section does not restrict, and shall not be construed 4,234
to restrict, public access to any information used or considered 4,235
100
by the board in preparing any report, unless the information is 4,236
not a public record under section 149.43 of the Revised Code NO 4,238
PERSON WHO PERFORMS RISK ADJUSTMENT FUNCTIONS UNDER THIS SECTION
SHALL, BECAUSE OF PERFORMING SUCH FUNCTIONS, BE HELD LIABLE IN A 4,239
CIVIL ACTION FOR BETRAYAL OF PROFESSIONAL CONFIDENCE OR OTHERWISE 4,240
IN THE ABSENCE OF WILLFUL OR WANTON MISCONDUCT. 4,241
Sec. 4765.07. (A) The state board of emergency medical 4,250
services shall establish an emergency medical services ADOPT 4,251
RULES UNDER SECTION 4765.11 OF THE REVISED CODE TO ESTABLISH AND 4,252
ADMINISTER A grant program under which grants are equitably 4,253
distributed ACCORDING TO THE FOLLOWING PRIORITIES: 4,254
(1) FIRST PRIORITY SHALL BE GIVEN to emergency medical 4,257
service organizations for the training of their personnel, for 4,258
the purchase of equipment AND VEHICLES, and to improve the 4,259
availability, accessibility, and quality of emergency medical 4,260
services in this state. The IN THIS CATEGORY, THE BOARD SHALL 4,262
GIVE PRIORITY TO GRANTS THAT FUND TRAINING AND EQUIPPING OF 4,263
EMERGENCY MEDICAL SERVICE PERSONNEL. 4,264
(2) SECOND PRIORITY SHALL BE GIVEN TO ENTITIES THAT 4,266
RESEARCH THE CAUSES, NATURE, AND EFFECTS OF TRAUMATIC INJURIES, 4,267
EDUCATE THE PUBLIC ABOUT INJURY PREVENTION, AND IMPLEMENT, TEST, 4,268
AND EVALUATE INJURY PREVENTION STRATEGIES. 4,269
(3) THIRD PRIORITY SHALL BE GIVEN TO ENTITIES THAT 4,271
RESEARCH, TEST, AND EVALUATE PROCEDURES THAT PROMOTE THE 4,272
REHABILITATION, RETRAINING, AND REEMPLOYMENT OF ADULT OR 4,273
PEDIATRIC TRAUMA VICTIMS AND SOCIAL SERVICE SUPPORT MECHANISMS 4,274
FOR ADULT OR PEDIATRIC TRAUMA VICTIMS AND THEIR FAMILIES. 4,275
(4) FOURTH PRIORITY SHALL BE GIVEN TO ENTITIES THAT 4,277
RESEARCH, TEST, AND EVALUATE MEDICAL PROCEDURES RELATED TO ADULT 4,279
AND PEDIATRIC TRAUMA CARE.
(B) THE grant program shall be funded with moneys provided 4,283
under FROM THE TRAUMA AND EMERGENCY MEDICAL SERVICES GRANTS FUND 4,284
CREATED BY section 4513.263 of the Revised Code. The board shall 4,285
administer the grant program in accordance with procedures 4,286
101
established in rules adopted under section 4765.11 of the Revised 4,287
Code. The board shall give priority, in distributing grants, to 4,288
those grants that will be used to provide training to personnel. 4,289
Sec. 4765.09. The state board of emergency medical 4,298
services shall prepare recommendations for the operation of 4,299
ambulance service organizations, AIR MEDICAL ORGANIZATIONS, and 4,301
emergency medical service organizations. Within thirty days 4,302
following each meeting of the board THE PREPARATION OR 4,303
MODIFICATION OF RECOMMENDATIONS, the board shall notify the board 4,304
of county commissioners of any county, the board of township 4,306
trustees of any township, the board of trustees of any joint 4,307
ambulance district, or the board of trustees of any joint 4,308
emergency medical services district in which there exist 4,309
ambulance service organizations, AIR MEDICAL ORGANIZATIONS, or 4,310
emergency medical service organizations of any board 4,312
recommendations for the operation of such organizations. The 4,313
recommendations shall include, but not be limited to:
(A) The definition and classification of ambulances AND 4,315
MEDICAL AIRCRAFT; 4,316
(B) The design, equipment, and supplies for ambulances AND 4,318
MEDICAL AIRCRAFT, INCLUDING SPECIAL EQUIPMENT, SUPPLIES, 4,319
TRAINING, AND STAFFING REQUIRED TO ASSIST PEDIATRIC AND GERIATRIC 4,320
EMERGENCY VICTIMS;
(C) The minimum number and type of personnel for the 4,322
operation of ambulances AND MEDICAL AIRCRAFT; 4,323
(D) The communication systems necessary for the operation 4,325
of ambulances AND MEDICAL AIRCRAFT; 4,326
(E) Reports to be made by persons holding certificates of 4,328
accreditation or approval issued under section 4765.17 of the 4,329
Revised Code and certificates to practice issued under section 4,330
4765.30 of the Revised Code to ascertain compliance with this 4,331
chapter and the rules and recommendations adopted thereunder and 4,332
to ascertain the quantity and quality of ambulance service 4,333
organizations, AIR MEDICAL ORGANIZATIONS, and emergency medical 4,335
102
service organizations throughout the state. 4,336
Sec. 4765.10. (A) The state board of emergency medical 4,345
services shall do all of the following: 4,346
(1) Administer and enforce the provisions of this chapter 4,348
and the rules adopted under it; 4,349
(2) Approve, in accordance with procedures established in 4,351
rules adopted under section 4765.11 of the Revised Code, 4,352
examinations that demonstrate competence to have a certificate to 4,353
practice renewed without completing a continuing education 4,354
program; 4,355
(3) Advise applicants for state or federal emergency 4,357
medical services funds, review and comment on applications for 4,358
these funds, and approve the use of all state and federal funds 4,359
designated solely for emergency medical service programs unless 4,360
federal law requires another state agency to approve the use of 4,361
all such federal funds; 4,362
(4) Serve as a statewide clearinghouse for discussion, 4,364
inquiry, and complaints concerning emergency medical services; 4,365
(5) Make recommendations to the general assembly on 4,367
legislation to improve the delivery of emergency medical 4,368
services; 4,369
(6) Maintain a toll-free long distance telephone number 4,371
through which it shall respond to questions about emergency 4,372
medical services; 4,373
(7) Work with the APPROPRIATE state fire marshal's office 4,376
OFFICES in coordinating the training of firefighters and 4,377
emergency medical services SERVICE personnel when possible. The 4,379
office OTHER STATE OFFICES THAT ARE INVOLVED IN THE TRAINING OF 4,381
FIREFIGHTERS OR EMERGENCY MEDICAL SERVICE PERSONNEL shall 4,382
cooperate with the board AND ITS COMMITTEES AND SUBCOMMITTEES to 4,383
achieve this goal.
(8) Provide a liaison to the state emergency operation 4,385
center during those periods when a disaster, as defined in 4,386
section 5502.21 of the Revised Code, has occurred in this state 4,387
103
and the governor has declared an emergency as defined in that 4,388
section.
(B) The board may do any of the following: 4,390
(1) Investigate complaints concerning emergency medical 4,392
services and emergency medical service organizations as it 4,393
determines necessary; 4,394
(2) Enter into reciprocal agreements with other states 4,396
that have standards for accreditation of emergency medical 4,397
services training programs and for certification of first 4,399
responders, EMTs-basic, EMTs-I, paramedics, firefighters, or fire 4,400
safety inspectors that are substantially similar to those 4,402
established under this chapter and the rules adopted under it; 4,403
(3) Establish a statewide public information system and 4,405
public education programs regarding emergency medical services; 4,406
(4) Establish an injury prevention program. 4,408
(C) In accordance with rules adopted under section 4765.11 4,410
of the Revised Code, the board shall maintain the confidentiality 4,411
of any information it collects or receives under this chapter 4,412
that would identify a specific patient or recipient of emergency 4,413
medical services or trauma care, except as otherwise provided in 4,414
section 149.43 of the Revised Code. In any report prepared by 4,415
the board, information regarding patients or recipients of 4,416
emergency medical services or trauma care shall be presented only 4,417
in aggregate statistical form. 4,418
Sec. 4765.11. (A) The state board of emergency medical 4,427
services shall adopt, and may amend and rescind, rules in 4,428
accordance with Chapter 119. of the Revised Code and division (C) 4,429
of this section that establish all of the following: 4,430
(1) Procedures for its governance and the control of its 4,432
actions and business affairs; 4,433
(2) Standards for the performance of emergency medical 4,435
services by first responders, emergency medical 4,436
technicians-basic, emergency medical technicians-intermediate, 4,437
and emergency medical technicians-paramedic; 4,438
104
(3) Application fees for certificates of accreditation, 4,440
certificates of approval, certificates to teach, and certificates 4,441
to practice, which shall be deposited into the TRAUMA AND 4,442
emergency medical services fund created in section 4513.263 of 4,444
the Revised Code;
(4) Procedures CRITERIA for determining when the 4,446
application or renewal fee for a certificate to practice may be 4,447
waived because an applicant cannot afford to pay the fee; 4,448
(5) Procedures for issuance and renewal of certificates of 4,450
accreditation, certificates of approval, certificates to teach, 4,451
and certificates to practice, INCLUDING ANY PROCEDURES NECESSARY 4,452
TO ENSURE THAT ADEQUATE NOTICE OF RENEWAL IS PROVIDED IN 4,453
ACCORDANCE WITH DIVISION (D) OF SECTION 4765.30 OF THE REVISED 4,454
CODE;
(6) Procedures for suspending or revoking certificates of 4,456
accreditation, certificates of approval, certificates to teach, 4,457
and certificates to practice; 4,458
(7) Grounds for suspension or revocation of a certificate 4,460
to practice issued under section 4765.30 of the Revised Code and 4,461
for taking any other disciplinary action against a first 4,462
responder, EMT-basic, EMT-I, or paramedic; 4,463
(8) Procedures for taking disciplinary action against a 4,465
first responder, EMT-basic, EMT-I, or paramedic; 4,466
(9) Standards for certificates of accreditation and 4,468
certificates of approval; 4,469
(10) Qualifications for certificates to teach; 4,471
(11) Requirements for a certificate to practice; 4,473
(12) The curricula, number of hours of instruction and 4,475
training, and instructional materials to be used in ADULT AND 4,476
PEDIATRIC emergency medical services training programs and ADULT 4,478
AND PEDIATRIC emergency medical services continuing education 4,480
programs;
(13) Procedures for conducting courses in recognizing 4,482
symptoms of life-threatening allergic reactions and in 4,483
105
calculating proper dosage levels and administering injections of 4,484
epinephrine to persons ADULT AND PEDIATRIC PATIENTS who suffer 4,485
life-threatening allergic reactions; 4,487
(14) Examinations for certificates to practice; 4,489
(15) Procedures for administering examinations for 4,491
certificates to practice; 4,492
(16) Procedures for approving examinations that 4,494
demonstrate competence to have a certificate to practice renewed 4,495
without completing an emergency medical services continuing 4,496
education program; 4,497
(17) Procedures for granting extensions and exemptions of 4,499
emergency medical services continuing education requirements; 4,500
(18) Procedures for approving the additional emergency 4,502
medical services first responders are authorized by division (C) 4,503
of section 4765.35 of the Revised Code to perform, EMTs-basic are 4,504
authorized by division (C) of section 4765.37 of the Revised Code 4,506
to perform, EMTs-I are authorized by division (B)(5) of section 4,507
4765.38 of the Revised Code to perform, and paramedics are
authorized by division (B)(6) of section 4765.39 of the Revised 4,508
Code to perform;
(19) Standards and procedures for maintaining the trauma 4,510
system registry established under IMPLEMENTING THE REQUIREMENTS 4,511
OF section 4765.06 of the Revised Code, including designations of 4,513
the persons who are required to report information to the board 4,514
and the types of information to be reported; 4,515
(20) Standards for protecting the confidentiality of all 4,517
information the board collects or receives under this chapter 4,518
that would identify a specific patient or recipient of emergency 4,519
medical services or trauma care, except as otherwise provided in 4,520
section 149.43 of the Revised Code; 4,521
(21) Procedures for administering the emergency medical 4,523
services grant program established under section 4765.07 of the 4,524
Revised Code; 4,525
(22)(21) Procedures consistent with Chapter 119. of the 4,527
106
Revised Code for appealing decisions of the board; 4,528
(22) MINIMUM QUALIFICATIONS AND PEER REVIEW AND QUALITY 4,530
IMPROVEMENT REQUIREMENTS FOR PERSONS WHO PROVIDE MEDICAL 4,531
DIRECTION TO EMERGENCY MEDICAL SERVICE PERSONNEL. 4,532
(B) The board may adopt, and may amend and rescind, rules 4,534
in accordance with Chapter 119. of the Revised Code and division 4,535
(C) of this section that establish the following: 4,536
(1) Specifications of information that may be collected 4,538
under the trauma system registry and incidence reporting system 4,539
created under section 4765.06 of the Revised Code; 4,540
(2) Standards and procedures for implementing any of the 4,542
recommendations made by the advisory groups established ANY 4,543
COMMITTEES OF THE BOARD OR under section 4765.04 4765.57 of the 4,545
Revised Code;
(3) Requirements that a person must meet to receive a 4,547
certificate to practice as a first responder pursuant to division 4,548
(A)(2) of section 4765.30 of the Revised Code; 4,549
(4) Any other rules necessary to implement this chapter. 4,551
(C) IN DEVELOPING AND ADMINISTERING RULES ADOPTED UNDER 4,553
THIS CHAPTER, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL 4,554
CONSULT WITH REGIONAL DIRECTORS AND REGIONAL PHYSICIAN ADVISORY 4,555
BOARDS CREATED BY SECTION 4765.05 OF THE REVISED CODE AND 4,556
EMPHASIZE THE SPECIAL NEEDS OF PEDIATRIC AND GERIATRIC PATIENTS. 4,558
(D) Except as otherwise provided in this division, before 4,560
adopting, amending, or rescinding any rule under this chapter, 4,561
the board shall submit the proposed rule to the director of 4,562
public safety for review. The director may review the proposed 4,564
rule for not more than sixty days after the date it is submitted. 4,565
If, within this sixty-day period, the director approves the 4,566
proposed rule or does not notify the board that the rule is
disapproved, the board may adopt, amend, or rescind the rule as 4,568
proposed. If, within this sixty-day period, the director
notifies the board that the proposed rule is disapproved, the 4,569
board shall not adopt, amend, or rescind the rule as proposed 4,570
107
unless at least twelve members of the board vote to adopt, amend, 4,571
or rescind it. 4,572
This division does not apply to an emergency rule adopted 4,574
in accordance with section 119.03 of the Revised Code. 4,575
Sec. 4765.12. (A) NOT LATER THAN TWO YEARS AFTER THE 4,578
EFFECTIVE DATE OF THIS SECTION, THE STATE BOARD OF EMERGENCY
MEDICAL SERVICES SHALL DEVELOP AND DISTRIBUTE GUIDELINES FOR THE 4,580
CARE OF TRAUMA VICTIMS BY EMERGENCY MEDICAL SERVICE PERSONNEL AND 4,581
FOR THE CONDUCT OF PEER REVIEW AND QUALITY ASSURANCE PROGRAMS BY 4,582
EMERGENCY MEDICAL SERVICE ORGANIZATIONS. THE GUIDELINES SHALL BE 4,583
CONSISTENT WITH THE STATE TRAUMA TRIAGE PROTOCOLS ADOPTED IN 4,584
RULES UNDER SECTIONS 4765.11 AND 4765.40 OF THE REVISED CODE AND 4,586
SHALL PLACE EMPHASIS ON THE SPECIAL NEEDS OF PEDIATRIC AND 4,587
GERIATRIC TRAUMA VICTIMS. IN DEVELOPING THE GUIDELINES, THE 4,588
BOARD SHALL CONSULT WITH ENTITIES WITH INTERESTS IN TRAUMA AND 4,589
EMERGENCY MEDICAL SERVICES AND SHALL CONSIDER ANY RELEVANT 4,590
GUIDELINES ADOPTED BY NATIONAL ORGANIZATIONS, INCLUDING THE 4,592
AMERICAN COLLEGE OF SURGEONS, AMERICAN COLLEGE OF EMERGENCY 4,593
PHYSICIANS, AND AMERICAN ACADEMY OF PEDIATRICS. THE BOARD SHALL 4,595
DISTRIBUTE THE GUIDELINES, AND AMENDMENTS TO THE GUIDELINES, TO 4,596
EACH EMERGENCY MEDICAL SERVICE ORGANIZATION, REGIONAL DIRECTOR, 4,597
REGIONAL PHYSICIAN ADVISORY BOARD, CERTIFIED EMERGENCY MEDICAL 4,598
SERVICE INSTRUCTOR, AND PERSON WHO REGULARLY PROVIDES MEDICAL
DIRECTION TO EMERGENCY MEDICAL SERVICE PERSONNEL IN THIS STATE. 4,599
(B) NOT LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF 4,602
THIS SECTION, EACH EMERGENCY MEDICAL SERVICE ORGANIZATION IN THIS 4,603
STATE SHALL IMPLEMENT ONGOING PEER REVIEW AND QUALITY ASSURANCE 4,604
PROGRAMS DESIGNED TO IMPROVE THE AVAILABILITY AND QUALITY OF THE 4,605
EMERGENCY MEDICAL SERVICES IT PROVIDES. THE FORM AND CONTENT OF 4,606
THE PROGRAMS SHALL BE DETERMINED BY EACH EMERGENCY MEDICAL 4,607
SERVICE ORGANIZATION. IN IMPLEMENTING THE PROGRAMS, EACH 4,608
EMERGENCY MEDICAL SERVICE ORGANIZATION SHALL CONSIDER HOW TO 4,609
IMPROVE ITS ABILITY TO PROVIDE EFFECTIVE TRAUMA CARE, 4,610
PARTICULARLY FOR PEDIATRIC AND GERIATRIC TRAUMA VICTIMS, AND 4,611
108
SHALL TAKE INTO ACCOUNT THE TRAUMA CARE GUIDELINES DEVELOPED BY 4,612
THE STATE BOARD OF EMERGENCY MEDICAL SERVICES UNDER THIS SECTION. 4,614
INFORMATION GENERATED SOLELY FOR USE IN A PEER REVIEW OR 4,616
QUALITY ASSURANCE PROGRAM CONDUCTED ON BEHALF OF AN EMERGENCY 4,617
MEDICAL SERVICE ORGANIZATION IS NOT A PUBLIC RECORD UNDER SECTION 4,618
149.43 OF THE REVISED CODE. SUCH INFORMATION, AND ANY DISCUSSION 4,620
CONDUCTED IN THE COURSE OF A PEER REVIEW OR QUALITY ASSURANCE 4,621
PROGRAM CONDUCTED ON BEHALF OF AN EMERGENCY MEDICAL SERVICE 4,623
ORGANIZATION, IS NOT SUBJECT TO DISCOVERY IN A CIVIL ACTION AND 4,624
SHALL NOT BE INTRODUCED INTO EVIDENCE IN A CIVIL ACTION AGAINST 4,625
THE EMERGENCY MEDICAL SERVICE ORGANIZATION ON WHOSE BEHALF THE 4,626
INFORMATION WAS GENERATED OR THE DISCUSSION OCCURRED.
NO EMERGENCY MEDICAL SERVICE ORGANIZATION ON WHOSE BEHALF A 4,628
PEER REVIEW OR QUALITY ASSURANCE PROGRAM IS CONDUCTED, AND NO 4,629
PERSON WHO CONDUCTS SUCH A PROGRAM, BECAUSE OF PERFORMING SUCH 4,630
FUNCTIONS, SHALL BE LIABLE IN A CIVIL ACTION FOR BETRAYAL OF 4,631
PROFESSIONAL CONFIDENCE OR OTHERWISE IN THE ABSENCE OF WILLFUL OR 4,632
WANTON MISCONDUCT.
Sec. 4765.15. A person seeking to operate an emergency 4,641
medical services training program shall submit a completed 4,642
application for accreditation to the state board of emergency 4,643
medical services on a form the board shall prescribe and furnish. 4,644
The application shall be accompanied by the appropriate 4,645
application fee established in rules adopted under section 4,646
4765.11 of the Revised Code. 4,647
A person seeking to operate an emergency medical services 4,649
continuing education program shall submit a completed application 4,650
for approval to the board on a form the board shall prescribe and 4,651
furnish. The application shall be accompanied by the appropriate 4,652
application fee established in rules adopted under section 4,653
4765.11 of the Revised Code. 4,654
The board shall administer the accreditation and approval 4,656
processes pursuant to rules adopted under section 4765.11 of the 4,657
Revised Code. In administering these processes, the board may 4,658
109
authorize OTHER persons or other entities to evaluate 4,659
applications for accreditation or approval and may accept the 4,660
recommendations made by the entities THOSE PERSONS. 4,662
The board may cause an investigation to be made into the 4,664
accuracy of the information submitted in any application for 4,665
accreditation or approval. If an investigation indicates that 4,666
false, misleading, or incomplete information has been submitted 4,667
to the board in connection with any application for accreditation 4,668
or approval, the board shall conduct a hearing on the matter in 4,669
accordance with Chapter 119. of the Revised Code. 4,670
Sec. 4765.16. (A) All courses offered through an 4,679
emergency medical services training program or an emergency 4,680
medical services continuing education program, other than 4,681
ambulance driving, shall be developed under the direction of a 4,682
physician who specializes in emergency medicine. EACH COURSE 4,683
THAT DEALS WITH TRAUMA CARE SHALL BE DEVELOPED IN CONSULTATION 4,685
WITH A PHYSICIAN WHO SPECIALIZES IN TRAUMA SURGERY. On and after 4,686
the date the state board of emergency medical services begins 4,687
issuing certificates to teach under section 4765.23 of the 4,688
Revised Code, each EACH course offered through a training program 4,689
or continuing education program shall be taught by a person who 4,691
holds the appropriate certificate to teach issued under that 4,692
section 4765.23 OF THE REVISED CODE. 4,693
(B) A training program for first responders shall meet the 4,695
standards established in rules adopted by the STATE board OF 4,696
EMERGENCY MEDICAL SERVICES under section 4765.11 of the Revised 4,697
Code. The program shall include courses in both of the following 4,698
areas for at least the number of hours established by the board's 4,699
rules:
(1) Emergency victim care; 4,701
(2) Reading and interpreting a trauma victim's vital 4,703
signs.
(C) A training program for emergency medical 4,705
technicians-basic shall meet the standards established in rules 4,706
110
adopted by the state board of emergency medical services under 4,707
section 4765.11 of the Revised Code. The program shall include 4,709
courses in each of the following areas for at least the number of 4,710
hours established by the board's rules:
(1) Emergency victim care; 4,712
(2) Reading and interpreting a trauma victim's vital 4,714
signs; 4,715
(3) TRIAGE PROTOCOLS FOR ADULT AND PEDIATRIC TRAUMA 4,717
VICTIMS;
(4) In-hospital training; 4,719
(4)(5) Clinical training; 4,721
(5)(6) Training as an ambulance driver. 4,723
Each operator of a training program for emergency medical 4,725
technicians-basic shall allow any pupil in the twelfth grade in a 4,727
secondary school who is at least seventeen years old and who
otherwise meets the requirements for admission into such a 4,728
training program to be admitted to and complete the program and, 4,729
as part of the training, to ride in an ambulance with emergency 4,730
medical technicians-basic, emergency medical 4,731
technicians-intermediate, and emergency medical 4,732
technicians-paramedic. Each emergency medical service
organization shall allow pupils participating in training 4,733
programs to ride in an ambulance with emergency medical 4,734
technicians-basic, advanced emergency medical
technicians-intermediate, and emergency medical 4,735
technicians-paramedic. 4,736
(D) A training program for emergency medical 4,738
technicians-intermediate shall meet the standards established in 4,739
rules adopted by the board under section 4765.11 of the Revised 4,740
Code. The program shall include, OR REQUIRE AS A PREREQUISITE, 4,741
THE TRAINING SPECIFIED IN DIVISION (C) OF THIS SECTION AND 4,742
courses in each of the following areas for at least the number of 4,743
hours established by the board's rules: 4,744
(1) Recognizing symptoms of life-threatening allergic 4,746
111
reactions and in calculating proper dosage levels and 4,747
administering injections of epinephrine to persons who suffer 4,748
life-threatening allergic reactions, conducted in accordance with 4,749
rules adopted by the board under section 4765.11 of the Revised 4,750
Code; 4,751
(2) Venous access procedures; 4,753
(3) Cardiac monitoring and electrical interventions to 4,755
support or correct the cardiac function. 4,756
(E) A training program for emergency medical 4,758
technicians-paramedic shall meet the standards established in 4,759
rules adopted by the board under section 4765.11 of the Revised 4,760
Code. The program shall include, OR REQUIRE AS A PREREQUISITE, 4,761
THE TRAINING SPECIFIED IN DIVISIONS (C) AND (D) OF THIS SECTION 4,762
AND courses in each of the following areas for at least the 4,764
number of hours established by the board's rules: 4,765
(1) Medical terminology; 4,767
(2) Venous access procedures; 4,769
(3) Airway procedures; 4,771
(4) Patient assessment and triage; 4,773
(5) Acute cardiac care, including administration of 4,775
parenteral injections, electrical interventions, and other 4,776
emergency medical services; 4,777
(6) Emergency and trauma victim care beyond that required 4,779
under division (B)(C) of this section; 4,780
(7) Clinical training beyond that required under division 4,782
(B)(C) of this section. 4,783
(F) A continuing education program for first responders, 4,786
EMTs-basic, EMTs-I, or paramedics shall meet the standards 4,787
established in rules adopted by the board under section 4765.11 4,788
of the Revised Code. A continuing education program shall 4,789
include instruction and training in subjects established by the 4,790
board's rules for at least the number of hours established by the 4,791
board's rules.
Sec. 4765.30. (A)(1) The state board of emergency medical 4,800
112
services shall issue a certificate to practice as a first 4,802
responder to an applicant who meets all of the following 4,803
conditions:
(a) Except as provided in division (A)(2) of this section, 4,806
is a volunteer for a nonprofit emergency medical service
organization or a nonprofit fire department; 4,807
(b) Holds the appropriate certificate of completion issued 4,809
in accordance with section 4765.24 of the Revised Code; 4,810
(c) Passes the appropriate examination conducted under 4,812
section 4765.29 of the Revised Code; 4,813
(d) Is not in violation of any provision of this chapter 4,815
or the rules adopted under it; 4,816
(e) Meets any other certification requirements established 4,818
in rules adopted under section 4765.11 of the Revised Code. 4,820
(2) The board may waive the requirement to be a volunteer 4,822
for a nonprofit entity if the applicant meets other requirements 4,823
established in rules adopted under division (B)(3) of section 4,824
4765.11 of the Revised Code relative to a person's eligibility to 4,825
practice as a first responder.
(B) The state board of emergency medical services shall 4,827
issue a certificate to practice as an emergency medical 4,828
technician-basic to an applicant who meets all of the following 4,829
conditions:
(1) Holds a certificate of completion in emergency medical 4,831
services training-basic issued in accordance with section 4765.24 4,832
of the Revised Code; 4,833
(2) Passes the examination for emergency medical 4,835
technicians-basic conducted under section 4765.29 of the Revised 4,836
Code;
(3) Is not in violation of any provision of this chapter 4,838
or the rules adopted under it; 4,839
(4) Meets any other certification requirements established 4,841
in rules adopted under section 4765.11 of the Revised Code. 4,842
(C) The state board of emergency medical services shall 4,844
113
issue a certificate to practice as an emergency medical 4,846
technician-intermediate or emergency medical technician-paramedic
to an applicant who meets all of the following conditions: 4,847
(1) Holds a certificate to practice as an emergency 4,849
medical technician-basic; 4,850
(2) Holds the appropriate certificate of completion issued 4,852
in accordance with section 4765.24 of the Revised Code; 4,853
(3) Passes the appropriate examination conducted under 4,855
section 4765.29 of the Revised Code; 4,856
(4) Is not in violation of any provision of this chapter 4,858
or the rules adopted under it; 4,859
(5) Meets any other certification requirements established 4,861
in rules adopted under section 4765.11 of the Revised Code. 4,862
(D) A certificate to practice is valid for three years and 4,864
may be renewed by the board pursuant to procedures established in 4,865
rules adopted under section 4765.11 of the Revised Code. An NOT 4,867
LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION DATE OF AN
INDIVIDUAL'S CERTIFICATE TO PRACTICE, THE BOARD SHALL NOTIFY THE 4,868
INDIVIDUAL OF THE SCHEDULED EXPIRATION AND FURNISH AN APPLICATION 4,869
FOR RENEWAL.
AN application for renewal shall be accompanied by the 4,871
appropriate renewal fee established in rules adopted under 4,872
section 4765.11 of the Revised Code, unless the board waives the 4,873
fee on determining pursuant to those rules that the applicant 4,874
cannot afford to pay the fee. Except as provided in division (B) 4,875
of section 4765.31 of the Revised Code, the application shall 4,876
include evidence of either of the following: 4,877
(1) That the applicant received a certificate of 4,879
completion from the appropriate emergency medical services 4,880
continuing education program pursuant to section 4765.24 of the 4,881
Revised Code; 4,882
(2) That the applicant has successfully passed an 4,884
examination approved by the board under division (A) of section 4,885
4765.10 THAT DEMONSTRATES THE COMPETENCE TO HAVE A CERTIFICATE 4,886
114
RENEWED WITHOUT COMPLETING AN EMERGENCY MEDICAL SERVICES 4,887
CONTINUING EDUCATION PROGRAM. THE BOARD SHALL APPROVE SUCH 4,888
EXAMINATIONS IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4,889
4765.11 of the Revised Code.
(E) The board shall not require an applicant for renewal 4,891
of a certificate to practice to take an examination as a 4,892
condition of renewing the certificate. This division does not 4,893
preclude the use of examinations by operators of approved 4,894
emergency medical services continuing education programs as a 4,895
condition for issuance of a certificate of completion in 4,896
emergency medical services continuing education. 4,897
Sec. 4765.32. A current, valid certificate of 4,906
accreditation issued under the provisions of former section 4,907
3303.11 or 3303.23 of the Revised Code shall remain valid until 4,908
one year after the expiration date of the certificate as 4,909
determined by the provisions of those sections and shall confer 4,910
the same privileges and impose the same responsibilities and 4,911
requirements as a certificate of accreditation issued by the 4,912
state board of emergency medical services under section 4765.17 4,913
of the Revised Code. 4,914
A current, valid certificate of competency of an emergency 4,916
medical technician-ambulance, advanced emergency medical 4,917
technician-ambulance, or emergency medical technician-paramedic 4,918
issued under the provisions of former section 3303.15 of the 4,919
Revised Code shall remain valid for two years after the 4,920
expiration date of the certificate as determined by the 4,921
provisions of that section and shall confer the same privileges 4,922
and impose the same responsibilities and requirements as a 4,923
certificate to practice issued by the state board of emergency 4,924
medical services under section 4765.30 of the Revised Code. 4,925
A certificate to practice as an emergency medical 4,927
technician-ambulance that is valid on the effective date of this 4,928
amendment NOVEMBER 24, 1995, shall be considered a certificate to 4,930
practice as an emergency medical technician-basic. A certificate 4,931
115
to practice as an advanced emergency medical technician-ambulance
that is valid on the effective date of this amendment NOVEMBER 4,933
24, 1995, shall be considered a certificate to practice as an 4,934
emergency medical technician-intermediate.
Sec. 4765.35. (A) A first responder shall perform the 4,944
emergency medical services described in this section in
accordance with this chapter and any rules adopted under it. 4,945
(B) A first responder may provide limited emergency 4,948
medical services to patients until the arrival of an emergency 4,949
medical technician-basic, emergency medical
technician-intermediate, or emergency medical 4,950
technician-paramedic. In an emergency, a first responder may 4,951
render emergency medical services such as opening and maintaining
an airway, giving mouth to barrier ventilation, chest 4,952
compressions, electrical interventions with automated 4,953
defibrillators to support or correct the cardiac function and 4,954
other methods determined by the board, controlling of hemorrhage,
manual stabilization of fractures, bandaging, and assisting in 4,955
childbirth, AND DETERMINING TRIAGE OF TRAUMA VICTIMS. 4,956
(C) A first responder may perform any other emergency 4,959
medical services approved pursuant to rules adopted under section 4,960
4765.11 of the Revised Code. The board shall determine whether 4,961
the nature of any such service requires that a first responder 4,962
receive authorization prior to performing the service. 4,963
(D)(1) Except as provided in division (D)(2) of this 4,966
section, if the board determines under division (C) of this 4,967
section that a service requires prior authorization, the service 4,968
shall be performed only pursuant to the written or verbal 4,969
authorization of a physician or of the cooperating physician 4,970
advisory board, or pursuant to an authorization transmitted 4,971
through a direct communication device by a physician or
registered nurse designated by a physician. 4,972
(2) If communications fail during an emergency situation 4,974
or the required response time prohibits communication, a first 4,975
116
responder may perform services subject to this division, if, in 4,976
the judgment of the first responder, the life of the patient is 4,977
in immediate danger. Services performed under these
circumstances shall be performed in accordance with the written 4,978
protocols established under section FOR TRIAGE OF ADULT AND 4,980
PEDIATRIC TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER 4,981
SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY 4,982
APPLICABLE PROTOCOLS ADOPTED by the emergency medical service 4,984
organization with which the first responder is affiliated. 4,985
Sec. 4765.37. (A) An emergency medical technician-basic 4,995
shall perform the emergency medical services described in this 4,997
section in accordance with this chapter and any rules adopted 4,998
under it by the state board of emergency medical services. 4,999
(B) An emergency medical technician-basic may operate, or 5,003
be responsible for operation of, an ambulance and may provide
emergency medical services to patients. In an emergency, an 5,005
EMT-basic may determine the nature and extent of illness or 5,006
injury and establish priority for required emergency medical 5,007
services. An EMT-basic may render emergency medical services 5,009
such as opening and maintaining an airway, giving positive 5,010
pressure ventilation, cardiac resuscitation, electrical 5,011
interventions with automated defibrillators to support or correct 5,012
the cardiac function and other methods determined by the board, 5,013
controlling of hemorrhage, treatment of shock, immobilization of 5,014
fractures, bandaging, assisting in childbirth, management of 5,015
mentally disturbed patients, and initial care of poison and burn 5,016
patients, AND DETERMINING TRIAGE OF ADULT AND PEDIATRIC TRAUMA 5,017
VICTIMS. Where patients must in an emergency be extricated from 5,018
entrapment, an EMT-basic may assess the extent of injury and 5,020
render all possible emergency medical services and protection to 5,021
the entrapped patient; provide light rescue services if an 5,022
ambulance has not been accompanied by a specialized unit; and 5,023
after extrication, provide additional care in sorting of the 5,024
injured in accordance with standard emergency procedures. 5,025
117
(C) An EMT-basic may perform any other emergency medical 5,028
services approved pursuant to rules adopted under section 4765.11 5,029
of the Revised Code. The board shall determine whether the 5,030
nature of any such service requires that an EMT-basic receive 5,032
authorization prior to performing the service. 5,033
(D)(1) Except as provided in division (D)(2) of this 5,035
section, if the board determines under division (C) of this 5,036
section that a service requires prior authorization, the service 5,037
shall be performed only pursuant to the written or verbal 5,038
authorization of a physician or of the cooperating physician 5,039
advisory board, or pursuant to an authorization transmitted 5,040
through a direct communication device by a physician or 5,041
registered nurse designated by a physician. 5,042
(2) If communications fail during an emergency situation 5,044
or the required response time prohibits communication, an 5,046
EMT-basic may perform services subject to this division, if, in 5,047
the judgment of the EMT-basic, the life of the patient is in 5,048
immediate danger. Services performed under these circumstances 5,049
shall be performed in accordance with the written protocols 5,050
established under section FOR TRIAGE OF ADULT AND PEDIATRIC 5,051
TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER SECTIONS 5,053
4765.11 AND 4765.40 of the Revised Code AND ANY APPLICABLE
PROTOCOLS ADOPTED by the emergency medical service organization 5,055
with which the EMT-basic is affiliated. 5,056
Sec. 4765.38. (A) An emergency medical 5,065
technician-intermediate shall perform the emergency medical 5,067
services described in this section in accordance with this 5,068
chapter and any rules adopted under it. 5,069
(B) An EMT-I may do any of the following: 5,072
(1) Establish and maintain an intravenous lifeline that 5,074
has been approved by a cooperating physician or physician 5,075
advisory board; 5,076
(2) Perform cardiac monitoring; 5,078
(3) Perform electrical interventions to support or correct 5,080
118
the cardiac function; 5,081
(4) Administer epinephrine; 5,083
(5) DETERMINE TRIAGE OF ADULT AND PEDIATRIC TRAUMA 5,085
VICTIMS;
(6) Perform any other emergency medical services approved 5,087
pursuant to rules adopted under section 4765.11 of the Revised 5,088
Code. 5,089
(C)(1) Except as provided in division (C)(2) of this 5,091
section, the services described in division (B) of this section 5,092
shall be performed by an EMT-I only pursuant to the written or 5,094
verbal authorization of a physician or of the cooperating
physician advisory board, or pursuant to an authorization 5,095
transmitted through a direct communication device by a physician 5,096
or registered nurse designated by a physician. 5,097
(2) If communications fail during an emergency situation 5,099
or the required response time prohibits communication, an EMT-I 5,101
may perform any of the services described in division (B) of this 5,103
section, if, in the judgment of the EMT-I, the life of the 5,104
patient is in immediate danger. Services performed under these 5,105
circumstances shall be performed in accordance with the written 5,106
protocols established under section FOR TRIAGE OF ADULT AND 5,107
PEDIATRIC TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER 5,109
SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY 5,110
APPLICABLE PROTOCOLS ADOPTED by the emergency medical service 5,111
organization with which the EMT-I is affiliated. 5,112
Sec. 4765.39. (A) An emergency medical 5,121
technician-paramedic shall perform the emergency medical services 5,122
described in this section in accordance with this chapter and any 5,123
rules adopted under it. 5,124
(B) A paramedic may do any of the following: 5,126
(1) Perform cardiac monitoring; 5,128
(2) Perform electrical interventions to support or correct 5,130
the cardiac function; 5,131
(3) Perform airway procedures; 5,133
119
(4) Perform relief of pneumothorax; 5,135
(5) Administer appropriate drugs and intravenous fluids; 5,137
(6) DETERMINE TRIAGE OF ADULT AND PEDIATRIC TRAUMA 5,139
VICTIMS;
(7) Perform any other emergency medical services, 5,141
including life support or intensive care techniques, approved 5,142
pursuant to rules adopted under section 4765.11 of the Revised 5,143
Code. 5,144
(C)(1) Except as provided in division (C)(2) of this 5,146
section, the services described in division (B) of this section 5,147
shall be performed by a paramedic only pursuant to the written or 5,148
verbal authorization of a physician or of the cooperating 5,149
physician advisory board, or pursuant to an authorization 5,150
transmitted through a direct communication device by a physician 5,151
or registered nurse designated by a physician. 5,152
(2) If communications fail during an emergency situation 5,154
or the required response time prohibits communication, a 5,155
paramedic may perform any of the services described in division 5,156
(B) of this section, if, in his THE PARAMEDIC'S judgment, the 5,157
life of the patient is in immediate danger. Services performed 5,159
under these circumstances shall be performed in accordance with 5,160
the written protocols established under section FOR TRIAGE OF 5,161
ADULT AND PEDIATRIC TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED 5,163
UNDER SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY 5,164
APPLICABLE PROTOCOLS ADOPTED by the emergency medical service 5,165
organization with which the paramedic is affiliated. 5,166
Sec. 4765.40. The medical director or cooperating 5,176
physician advisory board of each emergency medical service 5,177
organization shall establish written protocols to be followed by 5,178
first responders, emergency medical technicians-basic, emergency 5,179
medical technicians-intermediate, and emergency medical 5,180
technicians-paramedic in performing emergency medical services 5,181
when communications have failed or the required response time 5,182
prevents communication and the life of the patient is in 5,183
120
immediate danger.
(A)(1) NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE 5,186
OF THIS AMENDMENT, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES 5,187
SHALL ADOPT RULES UNDER SECTION 4765.11 OF THE REVISED CODE 5,189
ESTABLISHING WRITTEN PROTOCOLS FOR THE TRIAGE OF ADULT AND 5,190
PEDIATRIC TRAUMA VICTIMS. THE RULES SHALL DEFINE ADULT AND 5,191
PEDIATRIC TRAUMA IN A MANNER THAT IS CONSISTENT WITH SECTION 5,192
4765.01 OF THE REVISED CODE, MINIMIZES OVERTRIAGE AND 5,195
UNDERTRIAGE, AND EMPHASIZES THE SPECIAL NEEDS OF PEDIATRIC AND 5,196
GERIATRIC TRAUMA PATIENTS.
(2) THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) 5,199
OF THIS SECTION SHALL REQUIRE A TRAUMA VICTIM TO BE TRANSPORTED 5,200
DIRECTLY TO AN ADULT OR PEDIATRIC TRAUMA CENTER THAT IS QUALIFIED 5,202
TO PROVIDE APPROPRIATE ADULT OR PEDIATRIC TRAUMA CARE, UNLESS ONE 5,203
OR MORE OF THE FOLLOWING EXCEPTIONS APPLIES: 5,204
(a) IT IS MEDICALLY NECESSARY TO TRANSPORT THE VICTIM TO 5,206
ANOTHER HOSPITAL FOR INITIAL ASSESSMENT AND STABILIZATION BEFORE 5,208
TRANSFER TO AN ADULT OR PEDIATRIC TRAUMA CENTER;
(b) IT IS UNSAFE OR MEDICALLY INAPPROPRIATE TO TRANSPORT 5,210
THE VICTIM DIRECTLY TO AN ADULT OR PEDIATRIC TRAUMA CENTER DUE TO 5,211
ADVERSE WEATHER OR GROUND CONDITIONS OR EXCESSIVE TRANSPORT TIME; 5,213
(c) TRANSPORTING THE VICTIM TO AN ADULT OR PEDIATRIC 5,215
TRAUMA CENTER WOULD CAUSE A SHORTAGE OF LOCAL EMERGENCY MEDICAL 5,217
SERVICE RESOURCES; 5,218
(d) NO APPROPRIATE ADULT OR PEDIATRIC TRAUMA CENTER IS 5,220
ABLE TO RECEIVE AND PROVIDE ADULT OR PEDIATRIC TRAUMA CARE TO THE 5,222
TRAUMA VICTIM WITHOUT UNDUE DELAY; 5,223
(e) BEFORE TRANSPORT OF A PATIENT BEGINS, THE PATIENT 5,225
REQUESTS TO BE TAKEN TO A PARTICULAR HOSPITAL THAT IS NOT A 5,227
TRAUMA CENTER OR, IF THE PATIENT IS LESS THAN EIGHTEEN YEARS OF 5,228
AGE OR IS NOT ABLE TO COMMUNICATE, SUCH A REQUEST IS MADE BY AN 5,229
ADULT MEMBER OF THE PATIENT'S FAMILY OR A LEGAL REPRESENTATIVE OF 5,230
THE PATIENT.
(3)(a) THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION 5,234
121
(A) OF THIS SECTION SHALL REQUIRE TRAUMA PATIENTS TO BE
TRANSPORTED TO AN ADULT OR PEDIATRIC TRAUMA CENTER THAT IS ABLE 5,235
TO PROVIDE APPROPRIATE ADULT OR PEDIATRIC TRAUMA CARE, BUT SHALL 5,238
NOT REQUIRE A TRAUMA PATIENT TO BE TRANSPORTED TO A PARTICULAR 5,239
TRAUMA CENTER. THE STATE TRIAGE PROTOCOLS SHALL ESTABLISH ONE OR 5,240
MORE PROCEDURES FOR EVALUATING WHETHER AN INJURY VICTIM REQUIRES 5,241
OR WOULD BENEFIT FROM ADULT OR PEDIATRIC TRAUMA CARE, WHICH 5,242
PROCEDURES SHALL BE APPLIED BY EMERGENCY MEDICAL SERVICE 5,243
PERSONNEL BASED ON THE PATIENT'S MEDICAL NEEDS. IN DEVELOPING 5,245
STATE TRAUMA TRIAGE PROTOCOLS, THE BOARD SHALL CONSIDER RELEVANT 5,247
MODEL TRIAGE RULES AND SHALL CONSULT WITH THE COMMISSION ON 5,248
MINORITY HEALTH, REGIONAL DIRECTORS, REGIONAL PHYSICIAN ADVISORY 5,249
BOARDS, AND APPROPRIATE MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL 5,250
SERVICE ORGANIZATIONS. 5,251
(b) BEFORE THE JOINT COMMITTEE ON AGENCY RULE REVIEW 5,255
CONSIDERS STATE TRIAGE PROTOCOLS FOR TRAUMA VICTIMS PROPOSED BY 5,256
THE STATE BOARD OF EMERGENCY MEDICAL SERVICES, OR AMENDMENTS 5,257
THERETO, THE BOARD SHALL SEND A COPY OF THE PROPOSAL TO THE OHIO 5,259
CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, THE OHIO 5,262
CHAPTER OF THE AMERICAN COLLEGE OF SURGEONS, THE OHIO CHAPTER OF 5,264
THE AMERICAN ACADEMY OF PEDIATRICS, OHA: THE ASSOCIATION FOR 5,267
HOSPITALS AND HEALTH SYSTEMS, THE OHIO OSTEOPATHIC ASSOCIATION, 5,268
AND THE ASSOCIATION OF OHIO CHILDREN'S HOSPITALS AND SHALL HOLD A 5,269
PUBLIC HEARING AT WHICH IT MUST CONSIDER THE APPROPRIATENESS OF 5,271
THE PROTOCOLS TO MINIMIZE OVERTRIAGE AND UNDERTRIAGE OF TRAUMA 5,272
VICTIMS.
(c) THE BOARD SHALL PROVIDE COPIES OF THE STATE TRIAGE 5,274
PROTOCOLS, AND AMENDMENTS TO THE PROTOCOLS, TO EACH EMERGENCY 5,275
MEDICAL SERVICE ORGANIZATION, REGIONAL DIRECTOR, REGIONAL 5,276
PHYSICIAN ADVISORY BOARD, CERTIFIED EMERGENCY MEDICAL SERVICE 5,277
INSTRUCTOR, AND PERSON WHO REGULARLY PROVIDES MEDICAL DIRECTION 5,278
TO EMERGENCY MEDICAL SERVICE PERSONNEL IN THE STATE; TO EACH 5,279
MEDICAL SERVICE ORGANIZATION IN OTHER JURISDICTIONS THAT 5,280
REGULARLY PROVIDE EMERGENCY MEDICAL SERVICES IN THIS STATE; AND 5,281
122
TO OTHERS UPON REQUEST. 5,282
(B)(1) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL 5,284
APPROVE REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND PEDIATRIC 5,285
TRAUMA VICTIMS, AND AMENDMENTS TO SUCH PROTOCOLS, THAT ARE 5,286
SUBMITTED TO THE BOARD AS PROVIDED IN DIVISION (B)(2) OF THIS 5,287
SECTION AND PROVIDE A LEVEL OF ADULT AND PEDIATRIC TRAUMA CARE 5,288
COMPARABLE TO THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION 5,289
(A) OF THIS SECTION. THE BOARD SHALL NOT OTHERWISE APPROVE 5,290
REGIONAL TRIAGE PROTOCOLS FOR TRAUMA VICTIMS. THE BOARD SHALL 5,291
NOT APPROVE REGIONAL TRIAGE PROTOCOLS FOR REGIONS THAT OVERLAP
AND SHALL RESOLVE ANY SUCH DISPUTES BY APPORTIONING THE 5,292
OVERLAPPING TERRITORY AMONG APPROPRIATE REGIONS IN A MANNER THAT 5,293
BEST SERVES THE MEDICAL NEEDS OF THE RESIDENTS OF THAT TERRITORY. 5,294
THE TRAUMA COMMITTEE OF THE BOARD SHALL HAVE REASONABLE 5,295
OPPORTUNITY TO REVIEW AND COMMENT ON REGIONAL TRIAGE PROTOCOLS
AND AMENDMENTS TO SUCH PROTOCOLS BEFORE THE BOARD APPROVES OR 5,296
DISAPPROVES THEM.
(2) REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND 5,298
PEDIATRIC TRAUMA VICTIMS, AND AMENDMENTS TO SUCH PROTOCOLS, SHALL 5,299
BE SUBMITTED IN WRITING TO THE STATE BOARD OF EMERGENCY MEDICAL 5,300
SERVICES BY THE REGIONAL PHYSICIAN ADVISORY BOARD OR REGIONAL 5,301
DIRECTOR, AS APPROPRIATE, THAT SERVES A MAJORITY OF THE 5,302
POPULATION IN THE REGION IN WHICH THE PROTOCOLS APPLY. PRIOR TO
SUBMITTING REGIONAL TRIAGE PROTOCOLS, OR AN AMENDMENT TO SUCH 5,304
PROTOCOLS, TO THE STATE BOARD OF EMERGENCY MEDICAL SERVICES, A 5,305
REGIONAL PHYSICIAN ADVISORY BOARD OR REGIONAL DIRECTOR SHALL 5,306
CONSULT WITH EACH OF THE FOLLOWING THAT REGULARLY SERVES THE 5,307
REGION IN WHICH THE PROTOCOLS APPLY:
(a) OTHER REGIONAL PHYSICIAN ADVISORY BOARDS AND REGIONAL 5,309
DIRECTORS; 5,310
(b) HOSPITALS THAT OPERATE AN EMERGENCY FACILITY; 5,312
(c) ADULT AND PEDIATRIC TRAUMA CENTERS; 5,314
(d) PROFESSIONAL SOCIETIES OF PHYSICIANS WHO SPECIALIZE IN 5,316
ADULT OR PEDIATRIC EMERGENCY MEDICINE OR ADULT OR PEDIATRIC 5,317
123
TRAUMA SURGERY;
(e) PROFESSIONAL SOCIETIES OF NURSES WHO SPECIALIZE IN 5,319
ADULT OR PEDIATRIC EMERGENCY NURSING OR ADULT OR PEDIATRIC TRAUMA 5,320
SURGERY;
(f) PROFESSIONAL ASSOCIATIONS OR LABOR ORGANIZATIONS OF 5,322
EMERGENCY MEDICAL SERVICE PERSONNEL; 5,323
(g) EMERGENCY MEDICAL SERVICE ORGANIZATIONS AND MEDICAL 5,325
DIRECTORS OF SUCH ORGANIZATIONS; 5,326
(h) CERTIFIED EMERGENCY MEDICAL SERVICE INSTRUCTORS. 5,328
(3) REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND 5,330
PEDIATRIC TRAUMA VICTIMS APPROVED UNDER DIVISION (B)(2) OF THIS 5,331
SECTION SHALL REQUIRE PATIENTS TO BE TRANSPORTED TO A TRAUMA 5,332
CENTER THAT IS ABLE TO PROVIDE AN APPROPRIATE LEVEL OF ADULT OR 5,333
PEDIATRIC TRAUMA CARE; SHALL NOT DISCRIMINATE AMONG TRAUMA 5,334
CENTERS FOR REASONS NOT RELATED TO A PATIENT'S MEDICAL NEEDS;
SHALL SEEK TO MINIMIZE UNDERTRIAGE AND OVERTRIAGE; MAY INCLUDE 5,335
ANY OF THE EXCEPTIONS IN DIVISION (A)(2) OF THIS SECTION; AND 5,336
SUPERSEDE THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) 5,337
OF THIS SECTION IN THE REGION IN WHICH THE REGIONAL PROTOCOLS 5,338
APPLY.
(4) UPON APPROVAL OF REGIONAL PROTOCOLS FOR THE TRIAGE OF 5,340
ADULT AND PEDIATRIC TRAUMA VICTIMS UNDER DIVISION (B)(2) OF THIS 5,341
SECTION, OR AN AMENDMENT TO SUCH PROTOCOLS, THE STATE BOARD OF 5,342
EMERGENCY MEDICAL SERVICES SHALL PROVIDE WRITTEN NOTICE OF THE 5,343
APPROVAL AND A COPY OF THE PROTOCOLS OR AMENDMENT TO EACH ENTITY 5,344
IN THE REGION IN WHICH THE PROTOCOLS APPLY TO WHICH THE BOARD IS 5,345
REQUIRED TO SEND A COPY OF THE STATE TRIAGE PROTOCOLS ADOPTED
UNDER DIVISION (A) OF THIS SECTION. 5,346
(C)(1) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL 5,348
REVIEW THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) OF 5,349
THIS SECTION AT LEAST EVERY THREE YEARS TO DETERMINE IF THEY ARE 5,350
CAUSING OVERTRIAGE OR UNDERTRIAGE OF TRAUMA PATIENTS, AND SHALL 5,351
MODIFY THEM AS NECESSARY TO MINIMIZE OVERTRIAGE AND UNDERTRIAGE. 5,352
(2) EACH REGIONAL PHYSICIAN ADVISORY BOARD OR REGIONAL 5,354
124
DIRECTOR THAT HAS HAD REGIONAL TRIAGE PROTOCOLS APPROVED UNDER 5,355
DIVISION (B)(2) OF THIS SECTION SHALL REVIEW THE PROTOCOLS AT 5,356
LEAST EVERY THREE YEARS TO DETERMINE IF THEY ARE CAUSING 5,357
OVERTRIAGE OR UNDERTRIAGE OF TRAUMA PATIENTS AND SHALL SUBMIT AN 5,358
APPROPRIATE AMENDMENT TO THE STATE BOARD, AS PROVIDED IN DIVISION
(B) OF THIS SECTION, AS NECESSARY TO MINIMIZE OVERTRIAGE AND 5,359
UNDERTRIAGE. THE STATE BOARD SHALL APPROVE THE AMENDMENT IF IT 5,360
WILL REDUCE OVERTRIAGE OR UNDERTRIAGE WHILE COMPLYING WITH 5,361
DIVISION (B) OF THIS SECTION, AND SHALL NOT OTHERWISE APPROVE THE 5,362
AMENDMENT.
(D) NO PROVIDER OF EMERGENCY MEDICAL SERVICES OR PERSON 5,364
WHO PROVIDES MEDICAL DIRECTION TO EMERGENCY MEDICAL SERVICE 5,365
PERSONNEL IN THIS STATE SHALL FAIL TO COMPLY WITH THE STATE 5,366
TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) OF THIS SECTION OR 5,367
APPLICABLE REGIONAL TRIAGE PROTOCOLS APPROVED UNDER DIVISION 5,368
(B)(2) OF THIS SECTION.
(E) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL 5,370
ADOPT RULES UNDER SECTION 4765.11 OF THE REVISED CODE THAT 5,371
PROVIDE FOR ENFORCEMENT OF THE STATE TRIAGE PROTOCOLS ADOPTED 5,372
UNDER DIVISION (A) OF THIS SECTION AND REGIONAL TRIAGE PROTOCOLS 5,373
APPROVED UNDER DIVISION (B)(2) OF THIS SECTION, AND FOR EDUCATION 5,374
REGARDING THOSE PROTOCOLS FOR EMERGENCY MEDICAL SERVICE 5,376
ORGANIZATIONS AND PERSONNEL, REGIONAL DIRECTORS AND REGIONAL 5,377
PHYSICIAN ADVISORY BOARDS, EMERGENCY MEDICAL SERVICE INSTRUCTORS,
AND PERSONS WHO REGULARLY PROVIDE MEDICAL DIRECTION TO EMERGENCY 5,379
MEDICAL SERVICE PERSONNEL IN THIS STATE.
Sec. 4765.41. THE MEDICAL DIRECTOR OR COOPERATING 5,381
PHYSICIAN ADVISORY BOARD OF EACH EMERGENCY MEDICAL SERVICE 5,382
ORGANIZATION SHALL ESTABLISH WRITTEN PROTOCOLS TO BE FOLLOWED BY 5,383
FIRST RESPONDERS, EMERGENCY MEDICAL TECHNICIANS-BASIC, EMERGENCY 5,384
MEDICAL TECHNICIANS-INTERMEDIATE, AND EMERGENCY MEDICAL 5,385
TECHNICIANS-PARAMEDIC IN PERFORMING EMERGENCY MEDICAL SERVICES
WHEN COMMUNICATIONS HAVE FAILED OR THE REQUIRED RESPONSE PREVENTS 5,386
COMMUNICATION AND THE LIFE OF THE PATIENT IS IN IMMEDIATE DANGER. 5,387
125
THOSE PROTOCOLS SHALL BE CONSISTENT WITH APPLICABLE TRAUMA TRIAGE 5,388
PROTOCOLS ADOPTED UNDER DIVISION (A) OR APPROVED UNDER DIVISION 5,390
(B)(2) OF SECTION 4765.40 OF THE REVISED CODE, BUT MAY DIRECT TO 5,391
AN ADULT OR PEDIATRIC TRAUMA CENTER EMERGENCY VICTIMS THAT THE 5,392
APPLICABLE TRAUMA TRIAGE PROTOCOLS DO NOT REQUIRE TO BE 5,393
TRANSPORTED TO AN ADULT OR PEDIATRIC TRAUMA CENTER. 5,394
Sec. 4765.50. (A) Except as provided in division (D) of 5,403
this section, no person shall represent that the person is a 5,405
first responder, an emergency medical technician-basic or 5,406
EMT-basic, an emergency medical technician-intermediate or EMT-I, 5,407
or an emergency medical technician-paramedic or paramedic unless 5,408
appropriately certified under section 4765.30 of the Revised
Code.
(B)(1) No person shall operate an emergency medical 5,410
services training program without a certificate of accreditation 5,411
issued under section 4765.17 of the Revised Code. 5,412
(2) No person shall operate an emergency medical services 5,414
continuing education program without a certificate of approval 5,415
issued under section 4765.17 of the Revised Code. 5,416
(C) No public or private entity shall advertise or 5,418
disseminate information leading the public to believe that the 5,419
entity is an emergency medical service organization, unless that 5,420
entity actually provides emergency medical services. 5,421
(D) A person who is performing the functions of a first 5,423
responder, EMT-basic, EMT-I, or paramedic under the authority of 5,425
the laws of a state that borders JURISDICTION OTHER THAN this 5,426
state, who is employed by or serves as a volunteer with an 5,428
emergency medical service organization based in that state, and 5,429
provides emergency medical services to or transportation of a 5,430
patient in this state is not in violation of division (A) of this 5,431
section.
A person who is performing the functions of a first 5,433
responder, EMT-basic, EMT-I, or paramedic under a reciprocal 5,435
agreement authorized by section 4765.10 of the Revised Code is
126
not in violation of division (A) of this section. 5,436
(E) BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS 5,438
AMENDMENT, NO PHYSICIAN SHALL PURPOSEFULLY DO ANY OF THE 5,439
FOLLOWING:
(1) ADMIT AN ADULT TRAUMA PATIENT TO A HOSPITAL THAT IS 5,441
NOT AN ADULT TRAUMA CENTER FOR THE PURPOSE OF PROVIDING ADULT 5,442
TRAUMA CARE; 5,443
(2) ADMIT A PEDIATRIC TRAUMA PATIENT TO A HOSPITAL THAT IS 5,445
NOT A PEDIATRIC TRAUMA CENTER FOR THE PURPOSE OF PROVIDING 5,446
PEDIATRIC TRAUMA CARE; 5,447
(3) FAIL TO TRANSFER AN ADULT OR PEDIATRIC TRAUMA PATIENT 5,449
TO AN ADULT OR PEDIATRIC TRAUMA CENTER IN ACCORDANCE WITH 5,450
APPLICABLE FEDERAL LAW, STATE LAW, AND ADULT OR PEDIATRIC TRAUMA 5,451
PROTOCOLS AND PATIENT TRANSFER AGREEMENTS ADOPTED UNDER SECTION 5,452
3727.09 OF THE REVISED CODE. 5,453
Sec. 4765.55. (A) This section does not apply to a 5,461
cooperative education school district. 5,462
(B) The executive director of the state board of emergency 5,464
medical services shall, with the advice and counsel of the 5,465
subcommittee FIREFIGHTER AND FIRE SAFETY INSPECTOR TRAINING 5,466
COMMITTEE of the state board of emergency medical services for 5,468
firefighter and fire safety inspector training, assist in the 5,470
establishment and maintenance by any state agency, or any county, 5,471
township, city, village, school district, or educational service 5,472
center of a fire service training program for the training of all 5,473
paid and volunteer firefighters and fire safety inspectors in 5,474
this state. The executive director, with the advice and counsel 5,475
of the subcommittee COMMITTEE, shall adopt standards to regulate 5,476
such firefighter and fire safety inspector training programs. 5,478
The standards may include, but need not be limited to, provisions 5,479
for minimum courses of study, minimum hours of instruction, 5,480
attendance requirements, required equipment and facilities, 5,481
qualifications of instructors, basic physical and methods 5,482
training required of firefighters and fire safety inspectors, and 5,483
127
training schedules. The standards adopted to regulate training 5,484
programs for volunteer firefighters shall not require more than 5,485
thirty-six hours of training. The executive director, with the 5,486
advice and counsel of the subcommittee COMMITTEE, shall provide 5,488
for the classification and chartering of such training programs 5,489
and may revoke any charter for failure to meet standards. 5,490
(C) Certificates issued under this division shall be 5,492
prescribed by the executive director, with the advice and counsel 5,493
of the subcommittee FIREFIGHTER AND FIRE INSPECTOR TRAINING 5,494
COMMITTEE of the state board of emergency medical services for 5,495
firefighter and fire safety inspector training. 5,496
(1) The executive director shall issue a certificate to 5,499
each person satisfactorily completing a chartered training 5,500
program.
(2) The executive director, with the subcommittee's 5,502
COMMITTEE'S advice and counsel, shall establish criteria for 5,504
evaluating the standards maintained by other states and the 5,505
branches of the United States military for firefighter training 5,506
programs to determine whether the standards are equivalent to 5,507
those established under this section and shall establish
requirements and procedures for issuing a certificate to each 5,508
person who presents proof to the executive director of having 5,509
satisfactorily completed a training program that meets those 5,510
standards.
(3) The executive director, with the subcommittee's 5,512
COMMITTEE'S advice and counsel, shall establish requirements and 5,514
procedures for issuing a certificate in lieu of completing a 5,515
chartered firefighter training program to any person requesting a 5,516
certificate who began serving as a permanent full-time paid 5,517
firefighter with the fire department of a city or village prior 5,518
to July 2, 1970, or as a volunteer firefighter with the fire
department of a township, fire district, city, or village prior 5,519
to July 2, 1979. 5,520
(D) The subcommittee of the state board of emergency 5,522
128
medical services for firefighter and fire safety inspector 5,523
training is hereby created and shall consist of the member of the 5,524
state board of emergency medical services who is appointed by the 5,525
director of public safety, the members of the board who are 5,526
chiefs of fire departments, and the members of the board who are 5,527
emergency medical technicians-basic, emergency medical 5,528
technicians-intermediate, and emergency medical 5,529
technicians-paramedic appointed to the board from among persons 5,530
nominated by the Ohio association of professional fire fighters 5,531
or the northern Ohio fire fighters and from among persons 5,532
nominated by the Ohio state firefighter's association. The 5,533
chairperson of the subcommittee shall be the member of the board 5,534
who is appointed by the director of public safety. Each member 5,535
of the subcommittee, except for the chairperson, may designate a 5,536
person with fire experience to serve in that member's place. 5,537
(E) Nothing in this section invalidates any part of OTHER 5,540
section 3737.33 of the Revised Code relative RELATING to the fire 5,541
training academy. 5,542
Sec. 4767.08. (A) The cemetery dispute resolution 5,551
commission, on its own motion or as a result of a complaint 5,552
received pursuant to section 4767.07 of the Revised Code and with 5,553
good cause shown, shall investigate or cause to be investigated 5,554
alleged violations of sections 1721.19, 1721.20, 1721.21, 5,555
1721.211, 4735.02, 4735.22, and 4765.03 4767.02 of the Revised 5,556
Code. If the commission or the superintendent of the division of 5,558
real estate in the department of commerce believes that a 5,559
violation has occurred, the commission or superintendent shall do 5,560
all of the following: 5,561
(1) Review the financial records of the cemetery to ensure 5,563
compliance with sections 1721.21 and 1721.211 of the Revised 5,564
Code;
(2) Request the prosecuting attorney of the county in 5,567
which the alleged violation occurred to initiate such proceedings 5,568
as are appropriate.
129
(B) If, as a result of an investigation, the commission or 5,570
the superintendent believes that a person has violated Chapter 5,571
1345. of the Revised Code, the commission or superintendent shall 5,572
report the findings to the attorney general. 5,573
(C) The commission, at any time, may dismiss a complaint 5,575
if it determines there is not good cause shown for the complaint. 5,576
If the commission dismisses a complaint, it shall notify the 5,577
person who filed the complaint within twenty days of reaching its 5,578
decision and identify the reason why the complaint was dismissed. 5,579
(D) When necessary for the division of real estate in the 5,581
department of commerce to perform the duties required by sections 5,582
4767.07 and 4767.08 of the Revised Code, the superintendent of 5,583
the division, after consultation with at least a majority of the 5,584
members of the cemetery dispute resolution commission, may issue 5,586
subpoenas and compel the production of books, papers, records,
and other forms of evidence. 5,587
Sec. 5502.01. (A) The department of public safety shall 5,596
administer and enforce the laws relating to the registration, 5,597
licensing, sale, and operation of motor vehicles and the laws 5,599
pertaining to the licensing of drivers of motor vehicles. 5,600
The department shall compile, analyze, and publish 5,602
statistics relative to motor vehicle accidents and the causes of 5,603
them, prepare and conduct educational programs for the purpose of 5,604
promoting safety in the operation of motor vehicles on the 5,606
highways, assist the state board of education in the formulation
of minimum standards for driver education courses of instruction, 5,607
encourage driver instruction in the high schools of the state, 5,609
and conduct research and studies for the purpose of promoting 5,610
safety on the highways of this state.
(B) The department shall administer the laws and rules 5,612
applicable to the division of state RELATIVE TO TRAUMA AND 5,613
emergency medical services SPECIFIED IN CHAPTER 4765. OF THE 5,614
REVISED CODE.
(C) The department shall administer and enforce the laws 5,616
130
contained in Chapters 4301. and 4303. of the Revised Code and 5,618
enforce the rules and orders of the liquor control commission 5,621
pertaining to retail liquor permit holders.
(D) The department shall administer the laws governing the 5,623
state emergency management agency and shall enforce all 5,624
additional duties and responsibilities as prescribed in the 5,625
Revised Code related to emergency management services. 5,626
(E) The department shall conduct investigations pursuant 5,628
to Chapter 5101. of the Revised Code in support of the duty of 5,630
the department of human services to administer food stamp 5,631
programs throughout this state. The department of public safety 5,632
shall conduct investigations necessary to protect the state's 5,633
property rights and interests in the food stamp program.
(F) The department of public safety shall enforce 5,635
compliance with orders and rules of the public utilities 5,636
commission and applicable laws in accordance with Chapters 4919., 5,637
4921., and 4923. of the Revised Code regarding commercial motor 5,638
vehicle transportation safety, economic, and hazardous materials 5,639
requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the 5,641
department of public safety may establish requirements for its 5,642
enforcement personnel, including its enforcement agents described 5,643
in section 5502.14 of the Revised Code, that include standards of 5,644
conduct, work rules and procedures, and criteria for eligibility 5,646
as law enforcement personnel.
(H) The department shall administer, maintain, and operate 5,648
the Ohio criminal justice network. The Ohio criminal justice 5,649
network shall be a computer network that supports state and local 5,650
criminal justice activities. The network shall be an electronic 5,651
repository for various data, which may include arrest warrants, 5,652
notices of persons wanted by law enforcement agencies, criminal 5,653
records, prison inmate records, stolen vehicle records, vehicle 5,654
operator's licenses, and vehicle registrations and titles. 5,656
Sec. 5503.04. All FORTY-FIVE PER CENT OF THE fines 5,665
131
collected from or moneys arising from bail forfeited by persons 5,667
apprehended or arrested by state highway patrol troopers shall be 5,668
paid forty-five per cent into the state treasury TO BE CREDITED 5,669
TO THE GENERAL REVENUE FUND, FIVE PER CENT SHALL BE PAID INTO THE 5,670
STATE TREASURY TO BE CREDITED TO THE TRAUMA AND EMERGENCY MEDICAL 5,671
SERVICES GRANTS FUND CREATED BY DIVISION (E) OF SECTION 4513.263 5,672
OF THE REVISED CODE, and fifty-five FIFTY per cent SHALL BE PAID 5,673
into the treasury of the municipal corporation where the case is 5,674
prosecuted, if in a mayor's court. If the prosecution is in a 5,675
trial court outside a municipal corporation, or outside the 5,676
territorial jurisdiction of a municipal court, THE FIFTY PER CENT 5,677
OF the fines and moneys THAT IS NOT PAID INTO THE STATE TREASURY 5,678
shall be paid fifty-five per cent into the county treasury OF THE 5,679
COUNTY WHERE THE CASE IS PROSECUTED. The fines and moneys paid 5,680
into the state treasury shall be credited to the general revenue 5,681
fund. The fines and moneys paid into a county treasury and the 5,682
fines and moneys paid into the treasury of a municipal 5,683
corporation shall be deposited one-half to the same fund and 5,684
expended in the same manner as is the revenue received from the 5,685
registration of motor vehicles, and one-half to the general fund 5,686
of such county or municipal corporation. 5,687
If the prosecution is in a municipal court, forty-five per 5,689
cent of the fines and moneys shall be paid into the state 5,690
treasury to be credited to the general revenue fund, FIVE PER 5,691
CENT SHALL BE PAID INTO THE STATE TREASURY TO BE CREDITED TO THE 5,692
TRAUMA AND EMERGENCY MEDICAL SERVICES GRANTS FUND CREATED BY 5,693
DIVISION (E) OF SECTION 4513.263 OF THE REVISED CODE, ten per 5,694
cent shall be paid into the county treasury to be credited to the 5,695
general fund of the county, and forty-five FORTY per cent shall 5,696
be paid into the municipal treasury to be credited to the general 5,698
fund of the municipal corporation. In the Auglaize county, 5,699
Clermont county, Crawford county, Hocking county, Jackson county, 5,700
Lawrence county, Madison county, Miami county, Ottawa county, 5,701
Portage county, and Wayne county municipal courts, that portion 5,702
132
of money otherwise paid into the municipal treasury shall be paid 5,703
into the county treasury. 5,704
The trial court shall make remittance of the fines and 5,706
moneys as prescribed in this section, and at the same time as the 5,707
remittance is made of the state's portion to the state treasury, 5,708
the trial court shall notify the superintendent of the state 5,709
highway patrol of the case and the amount covered by the 5,710
remittance. 5,711
This section does not apply to fines for violations of 5,713
division (B) of section 4513.263 of the Revised Code, or for 5,714
violations of any municipal ordinance that is substantively 5,715
comparable to that division, all of which shall be delivered to 5,716
the treasurer of state as provided in division (E) of section 5,717
4513.263 of the Revised Code. 5,718
Sec. 5739.02. For the purpose of providing revenue with 5,727
which to meet the needs of the state, for the use of the general 5,728
revenue fund of the state, for the purpose of securing a thorough 5,729
and efficient system of common schools throughout the state, for 5,730
the purpose of affording revenues, in addition to those from 5,731
general property taxes, permitted under constitutional 5,732
limitations, and from other sources, for the support of local 5,733
governmental functions, and for the purpose of reimbursing the 5,734
state for the expense of administering this chapter, an excise 5,735
tax is hereby levied on each retail sale made in this state. 5,736
(A) The tax shall be collected pursuant to the schedules 5,738
in section 5739.025 of the Revised Code. 5,739
The tax applies and is collectible when the sale is made, 5,741
regardless of the time when the price is paid or delivered. 5,742
In the case of a sale, the price of which consists in whole 5,744
or in part of rentals for the use of the thing transferred, the 5,745
tax, as regards such rentals, shall be measured by the 5,746
installments thereof. 5,747
In the case of a sale of a service defined under division 5,749
(MM) or (NN) of section 5739.01 of the Revised Code, the price of 5,750
133
which consists in whole or in part of a membership for the 5,751
receipt of the benefit of the service, the tax applicable to the 5,752
sale shall be measured by the installments thereof. 5,753
(B) The tax does not apply to the following: 5,755
(1) Sales to the state or any of its political 5,757
subdivisions, or to any other state or its political subdivisions 5,758
if the laws of that state exempt from taxation sales made to this 5,759
state and its political subdivisions; 5,760
(2) Sales of food for human consumption off the premises 5,762
where sold; 5,763
(3) Sales of food sold to students only in a cafeteria, 5,765
dormitory, fraternity, or sorority maintained in a private, 5,766
public, or parochial school, college, or university; 5,767
(4) Sales of newspapers, and of magazine subscriptions 5,769
shipped by second class mail, and sales or transfers of magazines 5,770
distributed as controlled circulation publications; 5,771
(5) The furnishing, preparing, or serving of meals without 5,773
charge by an employer to an employee provided the employer 5,774
records the meals as part compensation for services performed or 5,775
work done; 5,776
(6) Sales of motor fuel upon receipt, use, distribution, 5,779
or sale of which in this state a tax is imposed by the law of 5,780
this state, but this exemption shall not apply to the sale of 5,781
motor fuel on which a refund of the tax is allowable under 5,782
section 5735.14 of the Revised Code; and the tax commissioner may 5,783
deduct the amount of tax levied by this section applicable to the 5,784
price of motor fuel when granting a refund of motor fuel tax 5,785
pursuant to section 5735.14 of the Revised Code and shall cause 5,786
the amount deducted to be paid into the general revenue fund of 5,787
this state;
(7) Sales of natural gas by a natural gas company, of 5,789
water by a water-works company, or of steam by a heating company, 5,790
if in each case the thing sold is delivered to consumers through 5,791
pipes or conduits, and all sales of communications services by a 5,792
134
telephone or telegraph company, all terms as defined in section 5,793
5727.01 of the Revised Code; 5,794
(8) Casual sales by a person, or auctioneer employed 5,796
directly by the person to conduct such sales, except as to such 5,798
sales of motor vehicles, watercraft or outboard motors required 5,799
to be titled under section 1548.06 of the Revised Code, 5,800
watercraft documented with the United States coast guard, 5,801
snowmobiles, and all-purpose vehicles as defined in section 5,802
4519.01 of the Revised Code; 5,803
(9) Sales of services or tangible personal property, other 5,805
than motor vehicles, mobile homes, and manufactured homes, by 5,807
churches or by nonprofit organizations operated exclusively for 5,808
charitable purposes as defined in division (B)(12) of this 5,809
section, provided that the number of days on which such tangible 5,810
personal property or services, other than items never subject to 5,811
the tax, are sold does not exceed six in any calendar year. If 5,812
the number of days on which such sales are made exceeds six in 5,813
any calendar year, the church or organization shall be considered 5,814
to be engaged in business and all subsequent sales by it shall be 5,815
subject to the tax. In counting the number of days, all sales by 5,816
groups within a church or within an organization shall be 5,817
considered to be sales of that church or organization, except 5,818
that sales made by separate student clubs and other groups of 5,819
students of a primary or secondary school, and sales made by a 5,820
parent-teacher association, booster group, or similar 5,821
organization that raises money to support or fund curricular or 5,822
extracurricular activities of a primary or secondary school, 5,823
shall not be considered to be sales of such school, and sales by 5,824
each such club, group, association, or organization shall be 5,825
counted separately for purposes of the six-day limitation. This 5,826
division does not apply to sales by a noncommercial educational 5,827
radio or television broadcasting station. 5,828
(10) Sales not within the taxing power of this state under 5,830
the Constitution of the United States; 5,831
135
(11) The transportation of persons or property, unless the 5,833
transportation is by a private investigation and security 5,834
service; 5,835
(12) Sales of tangible personal property or services to 5,837
churches, to organizations exempt from taxation under section 5,838
501(c)(3) of the Internal Revenue Code of 1986, and to any other 5,839
nonprofit organizations operated exclusively for charitable 5,840
purposes in this state, no part of the net income of which inures 5,841
to the benefit of any private shareholder or individual, and no 5,842
substantial part of the activities of which consists of carrying 5,843
on propaganda or otherwise attempting to influence legislation; 5,844
sales to offices administering one or more homes for the aged or 5,845
one or more hospital facilities exempt under section 140.08 of 5,846
the Revised Code; and sales to organizations described in 5,847
division (D) of section 5709.12 of the Revised Code. 5,848
"Charitable purposes" means the relief of poverty; the 5,850
improvement of health through the alleviation of illness, 5,851
disease, or injury; the operation of an organization exclusively 5,853
for the provision of professional, laundry, printing, and 5,854
purchasing services to hospitals or charitable institutions; the 5,856
operation of a home for the aged, as defined in section 5701.13 5,857
of the Revised Code; the operation of a radio or television 5,858
broadcasting station that is licensed by the federal 5,859
communications commission as a noncommercial educational radio or 5,860
television station; the operation of a nonprofit animal adoption 5,862
service or a county humane society; the promotion of education by 5,863
an institution of learning that maintains a faculty of qualified 5,864
instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific 5,865
curriculum; the operation of a parent-teacher association, 5,866
booster group, or similar organization primarily engaged in the 5,867
promotion and support of the curricular or extracurricular 5,868
activities of a primary or secondary school; the operation of a 5,869
community or area center in which presentations in music, 5,870
136
dramatics, the arts, and related fields are made in order to 5,871
foster public interest and education therein; the production of 5,872
performances in music, dramatics, and the arts; or the promotion 5,874
of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological 5,875
knowledge and information primarily for the public. 5,876
Nothing in this division shall be deemed to exempt sales to 5,878
any organization for use in the operation or carrying on of a 5,879
trade or business, or sales to a home for the aged for use in the 5,880
operation of independent living facilities as defined in division 5,881
(A) of section 5709.12 of the Revised Code. 5,882
(13) Building and construction materials and services sold 5,884
to construction contractors for incorporation into a structure or 5,885
improvement to real property under a construction contract with 5,886
this state or a political subdivision thereof, or with the United 5,887
States government or any of its agencies; building and 5,888
construction materials and services sold to construction 5,889
contractors for incorporation into a structure or improvement to 5,890
real property that are accepted for ownership by this state or 5,892
any of its political subdivisions, or by the United States 5,893
government or any of its agencies at the time of completion of 5,894
such structures or improvements; building and construction 5,895
materials sold to construction contractors for incorporation into 5,896
a horticulture structure or livestock structure for a person 5,897
engaged in the business of horticulture or producing livestock; 5,898
building materials and services sold to a construction contractor 5,899
for incorporation into a house of public worship or religious 5,900
education, or a building used exclusively for charitable purposes 5,901
under a construction contract with an organization whose purpose 5,902
is as described in division (B)(12) of this section; building and 5,903
construction materials sold for incorporation into the original 5,904
construction of a sports facility under section 307.696 of the 5,905
Revised Code; and building and construction materials and 5,906
services sold to a construction contractor for incorporation into 5,907
137
real property outside this state if such materials and services, 5,908
when sold to a construction contractor in the state in which the 5,909
real property is located for incorporation into real property in 5,910
that state, would be exempt from a tax on sales levied by that 5,911
state; 5,912
(14) Sales of ships or vessels or rail rolling stock used 5,914
or to be used principally in interstate or foreign commerce, and 5,915
repairs, alterations, fuel, and lubricants for such ships or 5,916
vessels or rail rolling stock; 5,917
(15) Sales to persons engaged in any of the activities 5,919
mentioned in division (E)(2) or (9) of section 5739.01 of the 5,920
Revised Code, to persons engaged in making retail sales, or to 5,921
persons who purchase for sale from a manufacturer tangible 5,922
personal property that was produced by the manufacturer in 5,923
accordance with specific designs provided by the purchaser, of 5,924
packages, including material and parts for packages, and of 5,925
machinery, equipment, and material for use primarily in packaging 5,926
tangible personal property produced for sale by or on the order 5,927
of the person doing the packaging, or sold at retail. "Packages" 5,928
includes bags, baskets, cartons, crates, boxes, cans, bottles, 5,929
bindings, wrappings, and other similar devices and containers, 5,930
and "packaging" means placing therein. 5,931
(16) Sales of food to persons using food stamp coupons to 5,933
purchase the food. As used in division (B)(16) of this section, 5,934
"food" has the same meaning as in the "Food Stamp Act of 1977," 5,935
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations 5,936
adopted pursuant to that act. 5,937
(17) Sales to persons engaged in farming, agriculture, 5,939
horticulture, or floriculture, of tangible personal property for 5,940
use or consumption directly in the production by farming, 5,941
agriculture, horticulture, or floriculture of other tangible 5,942
personal property for use or consumption directly in the 5,943
production of tangible personal property for sale by farming, 5,944
agriculture, horticulture, or floriculture; or material and parts 5,945
138
for incorporation into any such tangible personal property for 5,946
use or consumption in production; and of tangible personal 5,947
property for such use or consumption in the conditioning or 5,948
holding of products produced by and for such use, consumption, or 5,949
sale by persons engaged in farming, agriculture, horticulture, or 5,950
floriculture, except where such property is incorporated into 5,951
real property; 5,952
(18) Sales of drugs dispensed by a licensed pharmacist 5,955
upon the order of a licensed health professional authorized to 5,957
prescribe drugs to a human being, as the term "licensed health
professional authorized to prescribe drugs" is defined in section 5,958
4729.01 of the Revised Code; insulin as recognized in the 5,960
official United States pharmacopoeia; urine and blood testing 5,961
materials when used by diabetics or persons with hypoglycemia to 5,962
test for glucose or acetone; hypodermic syringes and needles when 5,963
used by diabetics for insulin injections; epoetin alfa when 5,964
purchased for use in the treatment of persons with end-stage 5,965
renal disease; hospital beds when purchased for use by persons 5,967
with medical problems for medical purposes; and oxygen and 5,968
oxygen-dispensing equipment when purchased for use by persons 5,969
with medical problems for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast 5,971
prostheses, and other prosthetic devices for humans; braces or 5,972
other devices for supporting weakened or nonfunctioning parts of 5,973
the human body; wheelchairs; devices used to lift wheelchairs 5,974
into motor vehicles and parts and accessories to such devices; 5,975
crutches or other devices to aid human perambulation; and items 5,976
of tangible personal property used to supplement impaired 5,977
functions of the human body such as respiration, hearing, or 5,978
elimination. No exemption under this division shall be allowed 5,979
for nonprescription drugs, medicines, or remedies; items or 5,980
devices used to supplement vision; items or devices whose 5,981
function is solely or primarily cosmetic; or physical fitness 5,982
equipment. This division does not apply to sales to a physician 5,983
139
or medical facility for use in the treatment of a patient. 5,984
(20) Sales of emergency and fire protection vehicles and 5,986
equipment to nonprofit organizations for use solely in providing 5,987
fire protection and emergency services, INCLUDING TRAUMA CARE AND 5,988
EMERGENCY MEDICAL SERVICES, for political subdivisions of the 5,990
state;
(21) Sales of tangible personal property manufactured in 5,992
this state, if sold by the manufacturer in this state to a 5,993
retailer for use in the retail business of the retailer outside 5,994
of this state and if possession is taken from the manufacturer by 5,996
the purchaser within this state for the sole purpose of 5,997
immediately removing the same from this state in a vehicle owned 5,998
by the purchaser;
(22) Sales of services provided by the state or any of its 6,000
political subdivisions, agencies, instrumentalities, 6,001
institutions, or authorities, or by governmental entities of the 6,002
state or any of its political subdivisions, agencies, 6,003
instrumentalities, institutions, or authorities; 6,004
(23) Sales of motor vehicles to nonresidents of this state 6,006
upon the presentation of an affidavit executed in this state by 6,007
the nonresident purchaser affirming that the purchaser is a 6,008
nonresident of this state, that possession of the motor vehicle 6,009
is taken in this state for the sole purpose of immediately 6,010
removing it from this state, that the motor vehicle will be 6,011
permanently titled and registered in another state, and that the 6,012
motor vehicle will not be used in this state; 6,013
(24) Sales to persons engaged in the preparation of eggs 6,015
for sale of tangible personal property used or consumed directly 6,016
in such preparation, including such tangible personal property 6,017
used for cleaning, sanitizing, preserving, grading, sorting, and 6,018
classifying by size; packages, including material and parts for 6,019
packages, and machinery, equipment, and material for use in 6,020
packaging eggs for sale; and handling and transportation 6,021
equipment and parts therefor, except motor vehicles licensed to 6,022
140
operate on public highways, used in intraplant or interplant 6,023
transfers or shipment of eggs in the process of preparation for 6,024
sale, when the plant or plants within or between which such 6,025
transfers or shipments occur are operated by the same person. 6,026
"Packages" includes containers, cases, baskets, flats, fillers, 6,027
filler flats, cartons, closure materials, labels, and labeling 6,028
materials, and "packaging" means placing therein. 6,029
(25)(a) Sales of water to a consumer for residential use, 6,031
except the sale of bottled water, distilled water, mineral water, 6,032
carbonated water, or ice; 6,033
(b) Sales of water by a nonprofit corporation engaged 6,035
exclusively in the treatment, distribution, and sale of water to 6,036
consumers, if such water is delivered to consumers through pipes 6,037
or tubing. 6,038
(26) Fees charged for inspection or reinspection of motor 6,040
vehicles under section 3704.14 of the Revised Code; 6,041
(27) Sales of solar, wind, or hydrothermal energy systems 6,043
that meet the guidelines established under division (B) of 6,044
section 1551.20 of the Revised Code, components of such systems 6,045
that are identified under division (B) or (D) of that section, or 6,046
charges for the installation of such systems or components, made 6,047
during the period from August 14, 1979, through December 31, 6,048
1985; 6,049
(28) Sales to persons licensed to conduct a food service 6,051
operation pursuant to section 3717.43 of the Revised Code, of 6,052
tangible personal property primarily used directly for the 6,053
following:
(a) To prepare food for human consumption for sale; 6,055
(b) To preserve food that has been or will be prepared for 6,058
human consumption for sale by the food service operator, not
including tangible personal property used to display food for 6,059
selection by the consumer; 6,060
(c) To clean tangible personal property used to prepare or 6,062
serve food for human consumption for sale. 6,063
141
(29) Sales of animals by nonprofit animal adoption 6,065
services or county humane societies; 6,066
(30) Sales of services to a corporation described in 6,068
division (A) of section 5709.72 of the Revised Code, and sales of 6,069
tangible personal property that qualifies for exemption from 6,070
taxation under section 5709.72 of the Revised Code; 6,071
(31) Sales and installation of agricultural land tile, as 6,073
defined in division (B)(5)(a) of section 5739.01 of the Revised 6,074
Code; 6,075
(32) Sales and erection or installation of portable grain 6,077
bins, as defined in division (B)(5)(b) of section 5739.01 of the 6,078
Revised Code; 6,079
(33) The sale, lease, repair, and maintenance of, parts 6,081
for, or items attached to or incorporated in, motor vehicles that 6,084
are primarily used for transporting tangible personal property by 6,085
a person engaged in highway transportation for hire; 6,086
(34) Sales to the state headquarters of any veterans' 6,088
organization in Ohio that is either incorporated and issued a 6,089
charter by the congress of the United States or is recognized by 6,090
the United States veterans administration, for use by the 6,091
headquarters; 6,092
(35) Sales to a telecommunications service vendor of 6,094
tangible personal property and services used directly and 6,095
primarily in transmitting, receiving, switching, or recording any 6,096
interactive, two-way electromagnetic communications, including 6,097
voice, image, data, and information, through the use of any 6,098
medium, including, but not limited to, poles, wires, cables, 6,099
switching equipment, computers, and record storage devices and 6,100
media, and component parts for the tangible personal property. 6,101
The exemption provided in division (B)(35) of this section shall 6,102
be in lieu of all other exceptions under division (E)(2) of 6,103
section 5739.01 of the Revised Code to which a telecommunications 6,104
service vendor may otherwise be entitled based upon the use of 6,105
the thing purchased in providing the telecommunications service. 6,106
142
(36) Sales of investment metal bullion and investment 6,108
coins. "Investment metal bullion" means any elementary precious 6,109
metal that has been put through a process of smelting or 6,110
refining, including, but not limited to, gold, silver, platinum, 6,111
and palladium, and which is in such state or condition that its 6,112
value depends upon its content and not upon its form. 6,113
"Investment metal bullion" does not include fabricated precious 6,114
metal that has been processed or manufactured for one or more 6,116
specific and customary industrial, professional, or artistic 6,117
uses. "Investment coins" means numismatic coins or other forms 6,118
of money and legal tender manufactured of gold, silver, platinum, 6,119
palladium, or other metal under the laws of the United States or 6,120
any foreign nation with a fair market value greater than any 6,121
statutory or nominal value of such coins. 6,122
(37)(a) Sales where the purpose of the consumer is to use 6,124
or consume the things transferred in making retail sales and 6,125
consisting of newspaper inserts, catalogues, coupons, flyers, 6,126
gift certificates, or other advertising material that prices and 6,128
describes tangible personal property offered for retail sale. 6,129
(b) Sales to direct marketing vendors of preliminary 6,131
materials such as photographs, artwork, and typesetting that will 6,132
be used in printing advertising material; of printed matter that 6,133
offers free merchandise or chances to win sweepstake prizes and 6,134
that is mailed to potential customers with advertising material 6,135
described in division (B)(37)(a) of this section; and of 6,136
equipment such as telephones, computers, facsimile machines, and 6,137
similar tangible personal property primarily used to accept 6,138
orders for direct marketing retail sales. 6,139
(c) Sales of automatic food vending machines that preserve 6,141
food with a shelf life of forty-five days or less by 6,142
refrigeration and dispense it to the consumer. 6,143
For purposes of division (B)(37) of this section, "direct 6,145
marketing" means the method of selling where consumers order 6,146
tangible personal property by United States mail, delivery 6,147
143
service, or telecommunication and the vendor delivers or ships 6,148
the tangible personal property sold to the consumer from a 6,149
warehouse, catalogue distribution center, or similar fulfillment 6,150
facility by means of the United States mail, delivery service, or 6,151
common carrier. 6,152
(38) Sales to a person engaged in the business of 6,154
horticulture or producing livestock of materials to be 6,155
incorporated into a horticulture structure or livestock 6,156
structure; 6,157
(39) The sale of a motor vehicle that is used exclusively 6,159
for a vanpool ridesharing arrangement to persons participating in 6,160
the vanpool ridesharing arrangement when the vendor is selling 6,161
the vehicle pursuant to a contract between the vendor and the 6,162
department of transportation;
(40) Sales of personal computers, computer monitors, 6,164
computer keyboards, modems, and other peripheral computer 6,165
equipment to an individual who is licensed or certified to teach 6,166
in an elementary or a secondary school in this state for use by 6,167
that individual in preparation for teaching elementary or
secondary school students; 6,168
(41) Sales to a professional racing team of any of the 6,170
following: 6,171
(a) Motor racing vehicles; 6,173
(b) Repair services for motor racing vehicles; 6,176
(c) Items of property that are attached to or incorporated 6,179
in motor racing vehicles, including engines, chassis, and all 6,180
other components of the vehicles, and all spare, replacement, and 6,181
rebuilt parts or components of the vehicles; except not including 6,182
tires, consumable fluids, paint, and accessories consisting of 6,183
instrumentation sensors and related items added to the vehicle to 6,184
collect and transmit data by means of telemetry and other forms 6,185
of communication.
(42) Sales of used manufactured homes and used mobile 6,187
homes, as defined in section 5739.0210 of the Revised Code, made 6,188
144
on or after January 1, 2000; 6,189
(43) Sales of tangible personal property and services to a 6,191
provider of electricity used or consumed directly and primarily 6,192
in generating, transmitting, or distributing electricity for use 6,193
by others, including property that is or is to be incorporated 6,194
into and will become a part of the consumer's production, 6,195
transmission, or distribution system and that retains its 6,196
classification as tangible personal property after incorporation; 6,197
fuel or power used in the production, transmission, or 6,198
distribution of electricity; and tangible personal property and 6,199
services used in the repair and maintenance of the production, 6,200
transmission, or distribution system, including only those motor 6,201
vehicles as are specially designed and equipped for such use. 6,202
The exemption provided in this division shall be in lieu of all 6,203
other exceptions in division (E)(2) of section 5739.01 of the 6,204
Revised Code to which a provider of electricity may otherwise be 6,206
entitled based on the use of the tangible personal property or 6,207
service purchased in generating, transmitting, or distributing 6,208
electricity.
For the purpose of the proper administration of this 6,210
chapter, and to prevent the evasion of the tax, it is presumed 6,211
that all sales made in this state are subject to the tax until 6,212
the contrary is established. 6,213
As used in this section, except in division (B)(16) of this 6,215
section, "food" includes cereals and cereal products, milk and 6,216
milk products including ice cream, meat and meat products, fish 6,217
and fish products, eggs and egg products, vegetables and 6,218
vegetable products, fruits, fruit products, and pure fruit 6,219
juices, condiments, sugar and sugar products, coffee and coffee 6,220
substitutes, tea, and cocoa and cocoa products. It does not 6,221
include: spirituous or malt liquors; soft drinks; sodas and 6,222
beverages that are ordinarily dispensed at bars and soda 6,223
fountains or in connection therewith, other than coffee, tea, and 6,224
cocoa; root beer and root beer extracts; malt and malt extracts; 6,225
145
mineral oils, cod liver oils, and halibut liver oil; medicines, 6,226
including tonics, vitamin preparations, and other products sold 6,227
primarily for their medicinal properties; and water, including 6,228
mineral, bottled, and carbonated waters, and ice. 6,229
(C) The levy of an excise tax on transactions by which 6,231
lodging by a hotel is or is to be furnished to transient guests 6,232
pursuant to this section and division (B) of section 5739.01 of 6,233
the Revised Code does not prevent any of the following: 6,234
(1) A municipal corporation or township from levying an 6,236
excise tax for any lawful purpose not to exceed three per cent on 6,237
transactions by which lodging by a hotel is or is to be furnished 6,238
to transient guests in addition to the tax levied by this 6,239
section. If a municipal corporation or township repeals a tax 6,240
imposed under division (C)(1) of this section and a county in 6,241
which the municipal corporation or township has territory has a 6,242
tax imposed under division (C) of section 5739.024 of the Revised 6,243
Code in effect, the municipal corporation or township may not 6,244
reimpose its tax as long as that county tax remains in effect. A 6,245
municipal corporation or township in which a tax is levied under 6,246
division (B)(2) of section 351.021 of the Revised Code may not 6,247
increase the rate of its tax levied under division (C)(1) of this 6,248
section to any rate that would cause the total taxes levied under 6,249
both of those divisions to exceed three per cent on any lodging 6,250
transaction within the municipal corporation or township. 6,251
(2) A municipal corporation or a township from levying an 6,253
additional excise tax not to exceed three per cent on such 6,254
transactions pursuant to division (B) of section 5739.024 of the 6,255
Revised Code. Such tax is in addition to any tax imposed under 6,256
division (C)(1) of this section. 6,257
(3) A county from levying an excise tax pursuant to 6,259
division (A) of section 5739.024 of the Revised Code. 6,260
(4) A county from levying an excise tax not to exceed 6,262
three per cent of such transactions pursuant to division (C) of 6,263
section 5739.024 of the Revised Code. Such a tax is in addition 6,264
146
to any tax imposed under division (C)(3) of this section. 6,265
(5) A convention facilities authority, as defined in 6,267
division (A) of section 351.01 of the Revised Code, from levying 6,268
the excise taxes provided for in division (B) of section 351.021 6,269
of the Revised Code. 6,270
(6) A county from levying an excise tax not to exceed one 6,272
and one-half per cent of such transactions pursuant to division 6,273
(D) of section 5739.024 of the Revised Code. Such tax is in 6,274
addition to any tax imposed under division (C)(3) or (4) of this 6,275
section. 6,276
(7) A county from levying an excise tax not to exceed one 6,278
and one-half per cent of such transactions pursuant to division 6,279
(E) of section 5739.024 of the Revised Code. Such a tax is in 6,280
addition to any tax imposed under division (C)(3), (4), or (6) of 6,281
this section. 6,282
(D) The levy of this tax on retail sales of recreation and 6,284
sports club service shall not prevent a municipal corporation 6,285
from levying any tax on recreation and sports club dues or on any 6,286
income generated by recreation and sports club dues. 6,287
Section 2. That existing sections 9.60, 125.04, 125.13, 6,289
3729.17, 3737.66, 4511.191, 4511.81, 4511.99, 4513.263, 4513.99, 6,291
4765.01, 4765.02, 4765.03, 4765.05, 4765.06, 4765.07, 4765.09, 6,292
4765.10, 4765.11, 4765.15, 4765.16, 4765.30, 4765.32, 4765.35, 6,293
4765.37, 4765.38, 4765.39, 4765.40, 4765.50, 4765.55, 4767.08, 6,294
5502.01, 5503.04, and 5739.02 of the Revised Code are hereby 6,295
repealed.
Section 3. The State Board of Emergency Medical Services, 6,297
with the advice and assistance of its trauma committee, shall 6,299
study and evaluate the following matters:
(A) The status and needs of emergency medical services and 6,301
adult and pediatric trauma care provided between this state and 6,303
other jurisdictions;
(B) Methods to improve specialized care provided by 6,305
emergency medical service organizations to pediatric and 6,306
147
geriatric trauma victims;
(C) The feasibility of recording and reporting information 6,308
to the state trauma registry by means of portable electronic 6,309
devices, such as electronic notepads. The study shall include an 6,310
analysis of the cost of acquiring, maintaining, and using such 6,312
devices, potential sources of funding, and training required to
ensure effective use of the devices. 6,313
(D) Methods to ensure that autopsies are performed on 6,315
appropriate trauma victims and autopsy data are reported to the 6,316
state trauma registry in a timely manner; 6,317
(E) Methods to increase advanced trauma life support, 6,319
basic trauma life support, and prehospital trauma life support 6,320
training among appropriate health care providers, particularly in 6,322
rural areas of the state;
(F) The roles hospitals that are not trauma centers play 6,324
in the state trauma system and regional trauma systems in this 6,325
state, and methods to enhance those roles; 6,326
(G) The causes and impact of trauma on minority 6,328
populations in this state and methods to improve emergency 6,329
medical services and trauma care for those populations. This 6,330
study shall be conducted in cooperation with the Commission on 6,331
Minority Health.
In conducting its studies and developing its findings and 6,333
recommendations, the board shall consult the appropriate 6,334
committees and subcommittees of the board; regional directors; 6,335
regional physician advisory boards; organizations that represent 6,336
physicians, nurses, and hospitals that care for emergency and
trauma patients; emergency medical services organizations; 6,337
appropriate governmental entities; and the Ohio State Coroners' 6,338
Association, as appropriate.
Not later than three years after the effective date of this 6,340
act, the board shall report its findings and recommendations to 6,341
the Governor, the General Assembly, and other appropriate 6,342
authorities and organizations.
148
Section 4. The General Assembly finds that pediatric and 6,344
geriatric trauma patients have special medical needs that require 6,345
particular emphasis to improve outcomes for these patients. It 6,346
is the intent of the General Assembly to provide for these 6,347
special needs in a state trauma system and trauma triage
protocols approved by the State Board of Emergency Medical 6,348
Services.
The General Assembly recognizes that hospitals that operate 6,350
emergency facilities, but are not trauma centers, play an 6,351
important role in the prompt and appropriate diagnosis, 6,352
stabilization, and treatment of adult and pediatric trauma 6,353
patients. It is the intent of the General Assembly to enhance
the quality of emergency care such hospitals provide to trauma 6,354
patients and to integrate such hospitals into the state and 6,355
regional trauma systems provided for by this act. It is also the 6,357
intent of the General Assembly that community-based emergency 6,358
medical and trauma services be preserved and that nothing in this 6,359
act be construed as encouraging the overtriage of patients or the 6,360
unnecessary transfer of patients. 6,361
Section 5. The Director of Health shall organize and 6,363
coordinate a temporary commission to determine how to better 6,364
prevent traumatic injuries in this state. The commission's study 6,366
shall include, without limitation, consideration of how to
improve public safety education and how to prevent pediatric and 6,367
geriatric injuries. 6,368
The Department of Public Safety, Department of Natural 6,370
Resources, Department of Agriculture, Department of Education, 6,371
Commission on Minority Health, and Bureau of Workers' 6,372
Compensation shall participate in and assist with the 6,373
commission's study.
Within 120 days after the effective date of this act, the 6,376
director shall appoint to the commission appropriate public 6,377
health authorities, entities that conduct safety research and 6,378
education, and advocates for injured persons. Commission members 6,379
149
shall have expertise in injury prevention, broadly represent 6,380
relevant disciplines, and represent all regions of the state. 6,381
Within ninety days after the effective date of this act, 6,383
the Speaker of the House of Representatives shall appoint to the 6,384
commission one member of the majority party and one member of the 6,385
minority party in the House of Representatives and the President 6,386
of the Senate shall appoint to the commission one member of the 6,387
majority party and one member of the minority party in the 6,388
Senate.
In conducting its study and developing its recommendations, 6,390
the commission shall consult and cooperate with the Trauma 6,392
Committee of the State Board of Emergency Medical Services. The 6,393
commission shall conclude its study and disband not later than 6,395
three years after the effective date of this section, whereupon 6,396
the director shall transmit the commission's findings and 6,397
recommendations to the Governor, General Assembly, chief
executive of each state agency specified in this section, and 6,398
other appropriate persons. 6,399
Section 6. The Director of Health shall organize and 6,401
coordinate a temporary commission to determine how to improve the 6,403
accessibility, affordability, quality, and cost-effectiveness of 6,404
post-critical adult and pediatric trauma care. The commission's 6,405
study shall include, without limitation, consideration of 6,406
appropriate transfer of adult and pediatric trauma victims from 6,407
regional trauma centers to other health care facilities; 6,408
physical, psychological, and vocational rehabilitation of adult 6,409
and pediatric trauma victims; re-employment of trauma victims; 6,411
social support mechanisms for families of adult and pediatric 6,412
trauma victims; and mitigation of the effects of pediatric and 6,414
geriatric trauma.
The Rehabilitation Services Commission, Department of 6,416
Aging, Bureau of Workers' Compensation, and Bureau of Employment 6,417
Services shall participate in and assist with the commission's 6,419
study.
150
Within 120 days after the effective date of this act, the 6,422
director shall appoint to the commission appropriate public 6,423
health authorities; entities that represent injury victims; 6,424
certified safety professionals; employers; employment training 6,425
and placement services; agricultural organizations; highway
safety and motorists' organizations; health insurers; providers 6,426
of social services to injury victims; nursing and rehabilitation 6,427
institutions; victims of violent crime; hospitals; and 6,428
professionals active in physical, psychological, and vocational 6,429
therapy. Commission members shall have expertise in 6,430
rehabilitation and retraining of injury victims, broadly 6,431
represent relevant disciplines, and represent all regions of the 6,432
state.
Within 120 days after the effective date of this act, the 6,435
Speaker of the House of Representatives shall appoint to the 6,436
commission one member of the majority party and one member of the 6,437
minority party in the House of Representatives and the President
of the Senate shall appoint to the commission one member of the 6,438
majority party and one member of the minority party in the 6,439
Senate.
In conducting its study and developing its recommendations, 6,442
the commission shall consult with and cooperate with the Trauma 6,443
Committee of the State Board of Emergency Medical Services. The 6,444
commission shall conclude its study and disband not later than 6,445
three years after the effective date of this section, whereupon 6,446
the director shall transmit the commission's findings and 6,447
recommendations to the Governor, General Assembly, chief
executive of each state agency specified in this section, and 6,448
other appropriate persons. 6,449
Section 7. The staff of the Legislative Service Commission, 6,451
subject to the Commission's approval, shall evaluate the 6,452
effectiveness of the State Board of Emergency Medical Services 6,453
and its staff in fulfilling the Board's duties. The Commission 6,454
staff shall prepare a preliminary report of its findings and 6,455
151
recommendations not later than one year after the effective date 6,456
of this section. The report shall be submitted to the Commission 6,457
and the Board. Not later than one year after the preliminary 6,458
report is submitted, the Commission staff shall prepare a final 6,459
report of its findings and recommendations, including an analysis 6,460
of the Board's success in implementing the recommendations made 6,461
in the preliminary report. 6,462
Section 8. The staff of the Legislative Service 6,464
Commission, subject to the Commission's approval, shall prepare a 6,465
report on the trauma care system in this state. The report shall 6,467
include an analysis of the effects of this act pertaining to the 6,468
delivery of trauma care and the verification of hospitals as
trauma centers. The report shall be submitted to the Commission 6,469
not later than four years after the effective date of this 6,470
section. 6,471
Section 9. Section 4511.191 of the Revised Code is 6,473
presented in this act as a composite of the section as amended by 6,474
both Am. Sub. S.B. 22 and Am. Sub. S.B. 107 of the 123rd General 6,475
Assembly, with the new language of neither of the acts shown in 6,476
capital letters. Section 4511.99 of the Revised Code is 6,477
presented in this act as a composite of the section as amended by 6,478
Am. H.B. 80, Sub. H.B. 86, Sub. H.B. 148, Am. Sub. S.B. 22, and 6,479
Am. Sub. S.B. 107 of the 123rd General Assembly, with the new 6,481
language of none of the acts shown in capital letters. Section 6,482
5739.02 of the Revised Code is presented in this act as a 6,483
composite of the section as amended by both Sub. H.B. 223 and Am. 6,484
Sub. S.B. 3 of the 123rd General Assembly, with the new language 6,485
of neither of the acts shown in capital letters. This is in 6,486
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be 6,487
harmonized where not substantively irreconcilable and constitutes 6,488
a legislative finding that such are the resulting versions in 6,489
effect prior to the effective date of this act.