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                    

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          7      


                                                                 
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.