As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                       Am. Sub. H. B. No. 138    5            

      1999-2000                                                    6            


   REPRESENTATIVES SCHUCK-BARRETT-BENDER-EVANS-FORD-METELSKY-      9            

       D. MILLER-SULLIVAN-SYKES-PRINGLE-VAN VYVEN-VERICH-                       

   WINKLER-YOUNG-BATEMAN-HAINES-OLMAN-DePIERO-BARNES-WILLIAMS-     10           

   WILLAMOWSKI-TERWILLEGER-VESPER-BRADING-OGG-ROBERTS-TIBERI-      11           

  SCHULER-PERRY-GOODMAN-JONES-CORBIN-CALLENDER-CALVERT-MOTTLEY-    12           

 AUSTRIA-O'BRIEN-THOMAS-FERDERBER-CATES-FLANNERY-PATTON-CLANCY-    13           

          DAMSCHRODER-SUTTON-JERSE-SALERNO-OPFER-MYERS-            15           

      SENATORS DRAKE-HAGAN-KEARNS-ARMBRUSTER-SPADA-JOHNSON-                     

          BRADY-WATTS-WACHTMANN-PRENTISS-LATELL-GARDNER            16           


_________________________________________________________________   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)  NOT LATER THAN TWO YEARS AFTER THE       443          

EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR SHALL ADOPT RULES     446          

THAT ESTABLISH STANDARDS AND PROCEDURES FOR DESIGNATING HOSPITALS  448          

UNDER THIS SECTION AS LEVEL II PEDIATRIC TRAUMA CENTERS.  THE      449          

RULES SHALL INCLUDE STANDARDS TO BE FOLLOWED BY A HOSPITAL         450          

OPERATING AS A LEVEL II PEDIATRIC TRAUMA CENTER UNDER THE          451          

DIRECTOR'S DESIGNATION AND PROCEDURES TO BE USED BY THE DIRECTOR   452          

IN ENFORCING THOSE STANDARDS.  ALL RULES ADOPTED UNDER THIS        454          

DIVISION SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE   455          

REVISED CODE.                                                                   

      (B)  IF A HOSPITAL HAS BEEN DENIED VERIFICATION AS A         457          

PEDIATRIC TRAUMA CENTER BY THE AMERICAN COLLEGE OF SURGEONS        459          

SOLELY BECAUSE THE HOSPITAL DOES NOT MEET THAT ORGANIZATION'S                   

ANESTHESIA AND SURGICAL STAFFING STANDARDS, THE HOSPITAL MAY       461          

SUBMIT AN APPLICATION TO THE DIRECTOR OF HEALTH TO RECEIVE THE     463          

DIRECTOR'S DESIGNATION OF THE HOSPITAL AS A LEVEL II PEDIATRIC     464          

TRAUMA CENTER.  IN A TIMELY MANNER, THE DIRECTOR SHALL REVIEW ALL  465          

APPLICATIONS RECEIVED, EXCEPT THAT THE DIRECTOR SHALL CEASE        466          

REVIEWING APPLICATIONS ON DECEMBER 31, 2003.  ANY APPLICATION      467          

PENDING ON THAT DATE IS VOID.                                      468          

      (C)  BEFORE DESIGNATING A HOSPITAL AS A LEVEL II PEDIATRIC   471          

TRAUMA CENTER, THE DIRECTOR MAY CONDUCT AN INSPECTION OF THE       472          

HOSPITAL.  THE INSPECTION MAY BE CONDUCTED BY USING A CONTRACTOR   474          

OF THE DEPARTMENT OF HEALTH WITH APPROPRIATE COMPETENCE AND                     

INDEPENDENCE.                                                      475          

      (D)  THE DIRECTOR SHALL DESIGNATE A HOSPITAL AS A LEVEL II   478          

                                                          12     


                                                                 
PEDIATRIC TRAUMA CENTER IF THE HOSPITAL HAS SUBMITTED A COMPLETE                

APPLICATION AND THE DIRECTOR FINDS THAT ALL OF THE FOLLOWING       480          

APPLY:                                                                          

      (1)  THE HOSPITAL HAS ESTABLISHED TRAUMA CARE PROTOCOLS      482          

THAT ENSURE A SURGEON AND ANESTHESIOLOGIST ARE AVAILABLE FROM      484          

OUTSIDE THE HOSPITAL IN A TIMELY MANNER AND ON SHORT NOTICE.       485          

      (2)  THE HOSPITAL'S PROTOCOLS ENSURE THAT THE SURGEON WILL   487          

PARTICIPATE IN THE EARLY CARE OF A TRAUMA PATIENT.                 488          

      (3)  THE HOSPITAL HAS ADHERED TO ITS PROTOCOLS AND THE       490          

HOSPITAL'S PERFORMANCE HAS MET THE EXPECTED OUTCOMES, AS           491          

EVIDENCED BY DATA OBTAINED FROM A REVIEW OF AT LEAST TWO YEARS OF  492          

THE HOSPITAL'S TRAUMA CARE ACTIVITIES.                             493          

      (4)  THE CARE OF PATIENTS WILL NOT BE COMPROMISED BY         495          

DESIGNATING THE HOSPITAL AS A LEVEL II PEDIATRIC TRAUMA CENTER.    496          

      (E)  A HOSPITAL'S DESIGNATION UNDER THIS SECTION EXPIRES     499          

DECEMBER 31, 2004, UNLESS EARLIER SUSPENDED OR REVOKED BY THE      500          

DIRECTOR OR SURRENDERED BY THE HOSPITAL.  ANY ACTION BY THE        501          

DIRECTOR TO SUSPEND OR REVOKE A HOSPITAL'S DESIGNATION SHALL BE    502          

TAKEN IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.         504          

      (F)  THE DIRECTOR OF HEALTH AND ANY EMPLOYEE OR CONTRACTOR   506          

OF THE DEPARTMENT OF HEALTH SHALL NOT MAKE PUBLIC ANY INFORMATION  507          

REPORTED TO OR COLLECTED BY THE DEPARTMENT OF HEALTH UNDER THIS    508          

SECTION OR RULES ADOPTED UNDER IT THAT IDENTIFIES OR WOULD TEND    509          

TO IDENTIFY SPECIFIC PATIENTS.                                     510          

      Sec. 3727.09.  (A)  AS USED IN THIS SECTION AND SECTION      512          

3727.10 OF THE REVISED CODE:                                       513          

      (1)  "TRAUMA," "TRAUMA CARE," AND "TRAUMA CENTER" HAVE THE   515          

SAME MEANINGS AS IN SECTION 4765.01 OF THE REVISED CODE.           516          

      (2)  "STABILIZE" AND "TRANSFER" HAVE THE SAME MEANINGS AS    518          

IN SECTION 1753.28 OF THE REVISED CODE.                            519          

      (B)  NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF    523          

THIS SECTION, EACH HOSPITAL IN THIS STATE THAT IS NOT A TRAUMA                  

CENTER SHALL ADOPT PROTOCOLS FOR ADULT AND PEDIATRIC TRAUMA CARE   524          

PROVIDED IN OR BY THAT HOSPITAL; EACH HOSPITAL IN THIS STATE THAT  525          

                                                          13     


                                                                 
IS AN ADULT TRAUMA CENTER AND NOT A LEVEL I OR LEVEL II PEDIATRIC  526          

TRAUMA CENTER SHALL ADOPT PROTOCOLS FOR PEDIATRIC TRAUMA CARE      527          

PROVIDED IN OR BY THAT HOSPITAL; EACH HOSPITAL IN THIS STATE THAT  528          

IS A PEDIATRIC TRAUMA CENTER AND NOT A LEVEL I AND II ADULT        529          

TRAUMA CENTER SHALL ADOPT PROTOCOLS FOR ADULT TRAUMA CARE          530          

PROVIDED IN OR BY THAT HOSPITAL.  IN DEVELOPING ITS TRAUMA CARE                 

PROTOCOLS, EACH HOSPITAL SHALL CONSIDER THE GUIDELINES FOR TRAUMA  531          

CARE ESTABLISHED BY THE AMERICAN COLLEGE OF SURGEONS, THE          533          

AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, AND THE AMERICAN                      

ACADEMY OF PEDIATRICS.  TRAUMA CARE PROTOCOLS SHALL BE WRITTEN,    534          

COMPLY WITH APPLICABLE FEDERAL AND STATE LAWS, AND INCLUDE         535          

POLICIES AND PROCEDURES WITH RESPECT TO ALL OF THE FOLLOWING:      536          

      (1)  EVALUATION OF TRAUMA PATIENTS, INCLUDING CRITERIA FOR   538          

PROMPT IDENTIFICATION OF TRAUMA PATIENTS WHO REQUIRE A LEVEL OF    539          

ADULT OR PEDIATRIC TRAUMA CARE THAT EXCEEDS THE HOSPITAL'S         540          

CAPABILITIES;                                                                   

      (2)  EMERGENCY TREATMENT AND STABILIZATION OF TRAUMA         542          

PATIENTS PRIOR TO TRANSFER TO AN APPROPRIATE ADULT OR PEDIATRIC    543          

TRAUMA CENTER;                                                                  

      (3)  TIMELY TRANSFER OF TRAUMA PATIENTS TO APPROPRIATE       545          

ADULT OR PEDIATRIC TRAUMA CENTERS BASED ON A PATIENT'S MEDICAL     546          

NEEDS.  TRAUMA PATIENT TRANSFER PROTOCOLS SHALL SPECIFY ALL OF     547          

THE FOLLOWING:                                                                  

      (a)  CONFIRMATION OF THE ABILITY OF THE RECEIVING TRAUMA     549          

CENTER TO PROVIDE PROMPT ADULT OR PEDIATRIC TRAUMA CARE            550          

APPROPRIATE TO A PATIENT'S MEDICAL NEEDS;                          551          

      (b)  PROCEDURES FOR SELECTING AN APPROPRIATE ALTERNATIVE     553          

ADULT OR PEDIATRIC TRAUMA CENTER TO RECEIVE A PATIENT WHEN IT IS   554          

NOT FEASIBLE OR SAFE TO TRANSPORT THE PATIENT TO A PARTICULAR      555          

TRAUMA CENTER;                                                                  

      (c)  ADVANCE NOTIFICATION AND APPROPRIATE MEDICAL            557          

CONSULTATION WITH THE TRAUMA CENTER TO WHICH A TRAUMA PATIENT IS   558          

BEING, OR WILL BE, TRANSFERRED;                                    559          

      (d)  PROCEDURES FOR SELECTING AN APPROPRIATE METHOD OF       561          

                                                          14     


                                                                 
TRANSPORTATION AND THE HOSPITAL RESPONSIBLE FOR ARRANGING OR       562          

PROVIDING THE TRANSPORTATION;                                      563          

      (e)  CONFIRMATION OF THE ABILITY OF THE PERSONS AND VEHICLE  565          

THAT WILL TRANSPORT A TRAUMA PATIENT TO PROVIDE APPROPRIATE ADULT  566          

OR PEDIATRIC TRAUMA CARE;                                          567          

      (f)  ASSURED COMMUNICATION WITH, AND APPROPRIATE MEDICAL     569          

DIRECTION OF, THE PERSONS TRANSPORTING A TRAUMA PATIENT TO A       570          

TRAUMA CENTER;                                                                  

      (g)  IDENTIFICATION AND TIMELY TRANSFER OF APPROPRIATE       572          

MEDICAL RECORDS OF THE TRAUMA PATIENT BEING TRANSFERRED;           573          

      (h)  THE HOSPITAL RESPONSIBLE FOR CARE OF A PATIENT IN       575          

TRANSIT;                                                                        

      (i)  THE RESPONSIBILITIES OF THE PHYSICIAN ATTENDING A       577          

PATIENT AND, IF DIFFERENT, THE PHYSICIAN WHO AUTHORIZES A          578          

TRANSFER OF THE PATIENT;                                                        

      (j)  PROCEDURES FOR DETERMINING, IN CONSULTATION WITH AN     580          

APPROPRIATE ADULT OR PEDIATRIC TRAUMA CENTER AND THE PERSONS WHO   581          

WILL TRANSPORT A TRAUMA PATIENT, WHEN TRANSPORTATION OF THE        582          

PATIENT TO A TRAUMA CENTER MAY BE DELAYED FOR EITHER OF THE        583          

FOLLOWING REASONS:                                                              

      (i)  IMMEDIATE TRANSFER OF THE PATIENT IS UNSAFE DUE TO      585          

ADVERSE WEATHER OR GROUND CONDITIONS.                              586          

      (ii)  NO TRAUMA CENTER IS ABLE TO PROVIDE APPROPRIATE ADULT  589          

OR PEDIATRIC TRAUMA CARE TO THE PATIENT WITHOUT UNDUE DELAY.       590          

      (4)  PEER REVIEW AND QUALITY ASSURANCE PROCEDURES FOR ADULT  592          

AND PEDIATRIC TRAUMA CARE PROVIDED IN OR BY THE HOSPITAL.          593          

      (C)(1)  NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE    595          

OF THIS SECTION, EACH HOSPITAL SHALL ENTER INTO ALL OF THE         596          

FOLLOWING WRITTEN AGREEMENTS UNLESS OTHERWISE PROVIDED IN          597          

DIVISION (C)(2) OF THIS SECTION:                                   598          

      (a)  AN AGREEMENT WITH ONE OR MORE ADULT TRAUMA CENTERS IN   600          

EACH LEVEL OF CATEGORIZATION AS A TRAUMA CENTER HIGHER THAN THE    601          

HOSPITAL THAT GOVERNS THE TRANSFER OF ADULT TRAUMA PATIENTS FROM   602          

THE HOSPITAL TO THOSE TRAUMA CENTERS;                              603          

                                                          15     


                                                                 
      (b)  AN AGREEMENT WITH ONE OR MORE PEDIATRIC TRAUMA CENTERS  605          

IN EACH LEVEL OF CATEGORIZATION AS A TRAUMA CENTER HIGHER THAN     606          

THE HOSPITAL THAT GOVERNS THE TRANSFER OF PEDIATRIC TRAUMA         607          

PATIENTS FROM THE HOSPITAL TO THOSE TRAUMA CENTERS.                608          

      (2)  A LEVEL I OR LEVEL II ADULT TRAUMA CENTER IS NOT        610          

REQUIRED TO ENTER INTO AN ADULT TRAUMA PATIENT TRANSFER AGREEMENT  611          

WITH ANOTHER HOSPITAL.  A LEVEL I OR LEVEL II PEDIATRIC TRAUMA     612          

CENTER IS NOT REQUIRED TO ENTER INTO A PEDIATRIC TRAUMA PATIENT    613          

TRANSFER AGREEMENT WITH ANOTHER HOSPITAL.  A HOSPITAL IS NOT       614          

REQUIRED TO ENTER INTO AN ADULT TRAUMA PATIENT TRANSFER AGREEMENT  615          

WITH A LEVEL III OR LEVEL IV ADULT TRAUMA CENTER, OR ENTER INTO A  616          

PEDIATRIC TRAUMA PATIENT TRANSFER AGREEMENT WITH A LEVEL III OR    617          

LEVEL IV PEDIATRIC TRAUMA CENTER, IF NO TRAUMA CENTER OF THAT      618          

TYPE IS REASONABLY AVAILABLE TO RECEIVE TRAUMA PATIENTS            619          

TRANSFERRED FROM THE HOSPITAL.                                                  

      (3)  A TRAUMA PATIENT TRANSFER AGREEMENT ENTERED INTO BY A   621          

HOSPITAL UNDER DIVISION (C)(1) OF THIS SECTION SHALL COMPLY WITH   622          

APPLICABLE FEDERAL AND STATE LAWS AND CONTAIN PROVISIONS           623          

CONFORMING TO THE REQUIREMENTS FOR TRAUMA CARE PROTOCOLS SET       624          

FORTH IN DIVISION (B) OF THIS SECTION.                                          

      (D)  A HOSPITAL SHALL MAKE TRAUMA CARE PROTOCOLS IT ADOPTS   626          

UNDER DIVISION (B) OF THIS SECTION AND TRAUMA PATIENT TRANSFER     627          

AGREEMENTS IT ADOPTS UNDER DIVISION (C) OF THIS SECTION AVAILABLE  628          

FOR PUBLIC INSPECTION DURING NORMAL WORKING HOURS.  A HOSPITAL     629          

SHALL FURNISH A COPY OF SUCH DOCUMENTS UPON REQUEST AND MAY        630          

CHARGE A REASONABLE AND NECESSARY FEE FOR DOING SO, PROVIDED THAT  631          

UPON REQUEST IT SHALL FURNISH A COPY OF SUCH DOCUMENTS TO THE      632          

DIRECTOR OF HEALTH FREE OF CHARGE.                                              

      Sec. 3727.10.  BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE  634          

OF THIS SECTION, NO HOSPITAL IN THIS STATE SHALL KNOWINGLY DO ANY  635          

OF THE FOLLOWING:                                                               

      (A)  REPRESENT THAT IT IS ABLE TO PROVIDE ADULT OR           637          

PEDIATRIC TRAUMA CARE TO A SEVERELY INJURED PATIENT THAT IS        638          

INCONSISTENT WITH ITS LEVEL OF CATEGORIZATION AS AN ADULT OR       639          

                                                          16     


                                                                 
PEDIATRIC TRAUMA CENTER, PROVIDED THAT A HOSPITAL THAT OPERATES    640          

AN EMERGENCY FACILITY MAY REPRESENT THAT IT PROVIDES EMERGENCY     641          

CARE;                                                                           

      (B)  PROVIDE ADULT OR PEDIATRIC TRAUMA CARE TO A SEVERELY    643          

INJURED PATIENT THAT IS INCONSISTENT WITH APPLICABLE FEDERAL       645          

LAWS, STATE LAWS, AND TRAUMA CARE PROTOCOLS AND PATIENT TRANSFER   646          

AGREEMENTS THE HOSPITAL HAS ADOPTED UNDER SECTION 3727.09 OF THE                

REVISED CODE;                                                                   

      (C)  TRANSFER A SEVERELY INJURED ADULT OR PEDIATRIC TRAUMA   648          

PATIENT TO A HOSPITAL THAT IS NOT A TRAUMA CENTER WITH AN          650          

APPROPRIATE LEVEL OF ADULT OR PEDIATRIC CATEGORIZATION OR          651          

OTHERWISE TRANSFER A SEVERELY INJURED ADULT OR PEDIATRIC TRAUMA    652          

PATIENT IN A MANNER INCONSISTENT WITH ANY APPLICABLE TRAUMA        653          

PATIENT TRANSFER AGREEMENT ADOPTED BY THE HOSPITAL UNDER SECTION   654          

3727.09 OF THE REVISED CODE.                                                    

      Sec. 3729.17.  (A)  Except as provided in division (C) of    663          

this section, each health care provider rendering services to a    664          

patient whose care is paid in whole or in part by a public health  665          

care program shall report to the Ohio health care data center, in  666          

the form and manner prescribed by the director of health, the      667          

information listed in divisions (A)(1) and (2) of this section     668          

for each such patient included within any category listed under    669          

division (B) of this section.  Any request involving quality data  670          

shall be in accordance with section 3729.36 of the Revised Code.   671          

      (1)  The severity of the patient's condition;                673          

      (2)  The patient's outcome and the effectiveness of the      675          

services rendered.                                                 676          

      (B)  The information specified in division (A) of this       678          

section shall be reported for the following categories of          679          

patients:                                                          680          

      (1)  Maternal and infant health patients;                    682          

      (2)  Intensive care unit patients;                           684          

      (3)  Long-term care patients;                                686          

      (4)  Patients with terminal illnesses;                       688          

                                                          17     


                                                                 
      (5)  Patients with cardio-vascular disease;                  690          

      (6)  Patients receiving trauma care services;                692          

      (7)  Patients with low back pain;                            694          

      (8)(7)  Any other category of patient selected by the        696          

director that is one of the one hundred high priority diagnoses    697          

and one hundred high priority medical procedures analyzed by the   698          

center under section 3729.12 of the Revised Code, EXCEPT TRAUMA    699          

PATIENTS WITH RESPECT TO WHICH DATA IS REPORTED TO THE STATE       701          

TRAUMA REGISTRY IN ACCORDANCE WITH RULES ADOPTED BY THE STATE      702          

BOARD OF EMERGENCY MEDICAL SERVICES UNDER SECTIONS 4765.06 AND     703          

4765.11 OF THE REVISED CODE.                                                    

      (C)  A health care provider is not required to report the    705          

information required under division (A) of this section if the     706          

information is reported by a provider to another state or local    707          

governmental agency.  In that case, the state or local agency      708          

shall report the information required by division (A) of this      709          

section to the data center in the form and manner prescribed by    710          

the director.  A health care provider or state or local            711          

governmental agency also is not required to report the             712          

information required under division (A) of this section if         714          

reporting the information would violate a federal law or                        

regulation or any provision of the Revised Code.                   715          

      Sec. 3737.66.  No (A)  AS USED IN THIS SECTION,              724          

"FIREFIGHTING AGENCY" AND "PRIVATE FIRE COMPANY" HAVE THE SAME     725          

MEANINGS AS IN SECTION 9.60 OF THE REVISED CODE.                   726          

      (B)  NO person shall call himself, hold himself out as       730          

being, CLAIM TO THE PUBLIC TO BE or act as a fireman, volunteer    731          

fireman, fire fighter FIREFIGHTER, volunteer fire fighter          733          

FIREFIGHTER, member of a fire department, chief of a fire          734          

department, or fire prevention officer unless at least one of the  735          

following applies:                                                              

      (A)  He (1)  THE PERSON is recognized as a fireman,          737          

volunteer fireman, fire fighter FIREFIGHTER, volunteer fire        739          

fighter FIREFIGHTER, member of a fire department, chief of a fire  741          

                                                          18     


                                                                 
department, or fire prevention officer by the fire marshal or has  742          

received a certificate issued under former section 3303.07 or      743          

section 4765.55 of the Revised Code evidencing his satisfactory    744          

completion of a fire fighter FIREFIGHTER training program and has  745          

been appointed by the GOVERNING board of fire district trustees,   747          

township, or municipal corporation A FIREFIGHTING AGENCY or, in    748          

the case of a volunteer fire fighter FIREFIGHTER, receives such a  749          

certificate within one year after his appointment BY THE           750          

GOVERNING BOARD OF A FIREFIGHTING AGENCY;                          751          

      (B)  He (2)  THE PERSON is a member of a private fire        753          

company as defined in division (A)(2) of section 9.60 of the       755          

Revised Code and that company is providing fire protection in      756          

accordance with division (B), (C), or (D) of section 9.60 of the   757          

Revised Code.                                                                   

      Sec. 4511.191.  (A)  Any person who operates a vehicle upon  766          

a highway or any public or private property used by the public     767          

for vehicular travel or parking within this state shall be deemed  768          

to have given consent to a chemical test or tests of the person's  770          

blood, breath, or urine for the purpose of determining the         771          

alcohol, drug, or alcohol and drug content of the person's blood,  772          

breath, or urine if arrested for operating a vehicle while under   774          

the influence of alcohol, a drug of abuse, or alcohol and a drug   775          

of abuse or for operating a vehicle with a prohibited              776          

concentration of alcohol in the blood, breath, or urine.  The      777          

chemical test or tests shall be administered at the request of a   778          

police officer having reasonable grounds to believe the person to  779          

have been operating a vehicle upon a highway or any public or      780          

private property used by the public for vehicular travel or        781          

parking in this state while under the influence of alcohol, a      782          

drug of abuse, or alcohol and a drug of abuse or with a            783          

prohibited concentration of alcohol in the blood, breath, or       784          

urine.  The law enforcement agency by which the officer is         785          

employed shall designate which of the tests shall be                            

administered.                                                      786          

                                                          19     


                                                                 
      (B)  Any person who is dead or unconscious, or who is        788          

otherwise in a condition rendering the person incapable of         789          

refusal, shall be deemed not to have withdrawn consent as          791          

provided by division (A) of this section and the test or tests     792          

may be administered, subject to sections 313.12 to 313.16 of the   793          

Revised Code.                                                      794          

      (C)(1)  Any person under arrest for operating a vehicle      796          

while under the influence of alcohol, a drug of abuse, or alcohol  797          

and a drug of abuse or for operating a vehicle with a prohibited   798          

concentration of alcohol in the blood, breath, or urine shall be   799          

advised at a police station, or at a hospital, first-aid station,  800          

or clinic to which the person has been taken for first-aid or      801          

medical treatment, of both of the following:                       802          

      (a)  The consequences, as specified in division (E) of this  804          

section, of the person's refusal to submit upon request to a       805          

chemical test designated by the law enforcement agency as          807          

provided in division (A) of this section;                          808          

      (b)  The consequences, as specified in division (F) of this  810          

section, of the person's submission to the designated chemical     812          

test if the person is found to have a prohibited concentration of  813          

alcohol in the blood, breath, or urine.                            814          

      (2)(a)  The advice given pursuant to division (C)(1) of      816          

this section shall be in a written form containing the             817          

information described in division (C)(2)(b) of this section and    818          

shall be read to the person.  The form shall contain a statement   819          

that the form was shown to the person under arrest and read to     820          

the person in the presence of the arresting officer and either     822          

another police officer, a civilian police employee, or an          823          

employee of a hospital, first-aid station, or clinic, if any, to   824          

which the person has been taken for first-aid or medical           825          

treatment.  The witnesses shall certify to this fact by signing    826          

the form.                                                                       

      (b)  The form required by division (C)(2)(a) of this         828          

section shall read as follows:                                     829          

                                                          20     


                                                                 
      "You now are under arrest for operating a vehicle while      831          

under the influence of alcohol, a drug of abuse, or both alcohol   832          

and a drug of abuse and will be requested by a police officer to   833          

submit to a chemical test to determine the concentration of        834          

alcohol, drugs of abuse, or alcohol and drugs of abuse in your     835          

blood, breath, or urine.                                           836          

      If you refuse to submit to the requested test or if you      838          

submit to the requested test and are found to have a prohibited    839          

concentration of alcohol in your blood, breath, or urine, your     840          

driver's or commercial driver's license or permit or nonresident   841          

operating privilege immediately will be suspended for the period   842          

of time specified by law by the officer, on behalf of the          843          

registrar of motor vehicles.  You may appeal this suspension at    844          

your initial appearance before the court that hears the charges    845          

against you resulting from the arrest, and your initial            846          

appearance will be conducted no later than five days after the     847          

arrest.  This suspension is independent of the penalties for the   848          

offense, and you may be subject to other penalties upon            849          

conviction."                                                       850          

      (D)(1)  If a person under arrest as described in division    852          

(C)(1) of this section is not asked by a police officer to submit  853          

to a chemical test designated as provided in division (A) of this  854          

section, the arresting officer shall seize the Ohio or             855          

out-of-state driver's or commercial driver's license or permit of  856          

the person and immediately forward the seized license or permit    857          

to the court in which the arrested person is to appear on the      858          

charge for which the person was arrested.  If the arrested person  859          

does not have the person's driver's or commercial driver's         860          

license or permit on the person's self or in the person's          861          

vehicle, the arresting officer shall order the arrested person to  863          

surrender it to the law enforcement agency that employs the        865          

officer within twenty-four hours after the arrest, and, upon the   866          

surrender, the officer's employing agency immediately shall                     

forward the license or permit to the court in which the arrested   868          

                                                          21     


                                                                 
person is to appear on the charge for which the person was         869          

arrested.  Upon receipt of the license or permit, the court shall  871          

retain it pending the initial appearance of the arrested person    872          

and any action taken under section 4511.196 of the Revised Code.   873          

      If a person under arrest as described in division (C)(1) of  875          

this section is asked by a police officer to submit to a chemical  876          

test designated as provided in division (A) of this section and    877          

is advised of the consequences of the person's refusal or          878          

submission as provided in division (C) of this section and if the  879          

person either refuses to submit to the designated chemical test    880          

or the person submits to the designated chemical test and the      881          

test results indicate that the person's blood contained a          882          

concentration of ten-hundredths of one per cent or more by weight  883          

of alcohol, the person's breath contained a concentration of       884          

ten-hundredths of one gram or more by weight of alcohol per two    885          

hundred ten liters of the person's breath, or the person's urine   886          

contained a concentration of fourteen-hundredths of one gram or    888          

more by weight of alcohol per one hundred milliliters of the       889          

person's urine at the time of the alleged offense, the arresting   891          

officer shall do all of the following:                                          

      (a)  On behalf of the registrar, serve a notice of           893          

suspension upon the person that advises the person that,           894          

independent of any penalties or sanctions imposed upon the person  896          

pursuant to any other section of the Revised Code or any other                  

municipal ordinance, the person's driver's or commercial driver's  898          

license or permit or nonresident operating privilege is            899          

suspended, that the suspension takes effect immediately, that the  900          

suspension will last at least until the person's initial           901          

appearance on the charge that will be held within five days after  903          

the date of the person's arrest or the issuance of a citation to   905          

the person, and that the person may appeal the suspension at the   907          

initial appearance; seize the Ohio or out-of-state driver's or     908          

commercial driver's license or permit of the person; and           909          

immediately forward the seized license or permit to the            910          

                                                          22     


                                                                 
registrar.  If the arrested person does not have the person's                   

driver's or commercial driver's license or permit on the person's  911          

self or in the person's vehicle, the arresting officer shall       913          

order the person to surrender it to the law enforcement agency     914          

that employs the officer within twenty-four hours after the        915          

service of the notice of suspension, and, upon the surrender, the  916          

officer's employing agency immediately shall forward the license   917          

or permit to the registrar.                                        918          

      (b)  Verify the current residence of the person and, if it   920          

differs from that on the person's driver's or commercial driver's  921          

license or permit, notify the registrar of the change;             922          

      (c)  In addition to forwarding the arrested person's         924          

driver's or commercial driver's license or permit to the           925          

registrar, send to the registrar, within forty-eight hours after   926          

the arrest of the person, a sworn report that includes all of the  927          

following statements:                                              928          

      (i)  That the officer had reasonable grounds to believe      930          

that, at the time s1of of the arrest, the arrested person was      931          

operating a vehicle upon a highway or public or private property   932          

used by the public for vehicular travel or parking within this     933          

state while under the influence of alcohol, a drug of abuse, or    934          

alcohol and a drug of abuse or with a prohibited concentration of  935          

alcohol in the blood, breath, or urine;                            936          

      (ii)  That the person was arrested and charged with          938          

operating a vehicle while under the influence of alcohol, a drug   939          

of abuse, or alcohol and a drug of abuse or with operating a       940          

vehicle with a prohibited concentration of alcohol in the blood,   941          

breath, or urine;                                                  942          

      (iii)  That the officer asked the person to take the         944          

designated chemical test, advised the person of the consequences   945          

of submitting to the chemical test or refusing to take the         946          

chemical test, and gave the person the form described in division  947          

(C)(2) of this section;                                            948          

      (iv)  That the person refused to submit to the chemical      950          

                                                          23     


                                                                 
test or that the person submitted to the chemical test and the     951          

test results indicate that the person's blood contained a          952          

concentration of ten-hundredths of one per cent or more by weight  954          

of alcohol, the person's breath contained a concentration of       955          

ten-hundredths of one gram or more by weight of alcohol per two    956          

hundred ten liters of the person's breath, or the person's urine   957          

contained a concentration of fourteen-hundredths of one gram or    959          

more by weight of alcohol per one hundred milliliters of the       960          

person's urine at the time of the alleged offense;                 962          

      (v)  That the officer served a notice of suspension upon     964          

the person as described in division (D)(1)(a) of this section.     965          

      (2)  The sworn report of an arresting officer completed      967          

under division (D)(1)(c) of this section shall be given by the     968          

officer to the arrested person 1at at the time of the arrest or    969          

sent to the person by regular first class mail by the registrar    970          

as soon thereafter as possible, but no later than fourteen days    971          

after receipt of the report.  An arresting officer may give an     972          

unsworn report to the arrested person at the time of the arrest    973          

provided the report is complete when given to the arrested person  974          

and subsequently is sworn to by the arresting officer.  As soon    975          

as possible, but no later than forty-eight hours after the arrest  976          

of the person, the arresting officer shall send a copy of the      977          

sworn report to the court in which the arrested person is to       978          

appear on the charge for which the person was arrested.            979          

      (3)  The sworn report of an arresting officer completed and  981          

sent to the registrar and the court under divisions (D)(1)(c) and  982          

(D)(2) of this section is prima-facie proof of the information     983          

and statements that it contains and shall be admitted and          984          

considered as prima-facie proof of the information and statements  985          

that it contains in any appeal under division (H) of this section  986          

relative to any suspension of a person's driver's or commercial    987          

driver's license or permit or nonresident operating privilege      988          

that results from the arrest covered by the report.                989          

      (E)(1)  Upon receipt of the sworn report of an arresting     991          

                                                          24     


                                                                 
officer completed and sent to the registrar and a court pursuant   992          

to divisions (D)(1)(c) and (D)(2) of this section in regard to a   993          

person who refused to take the designated chemical test, the       994          

registrar shall enter into the registrar's records the fact that   996          

the person's driver's or commercial driver's license or permit or  997          

nonresident operating privilege was suspended by the arresting     998          

officer under division (D)(1)(a) of this section and the period    999          

of the suspension, as determined under divisions (E)(1)(a) to (d)  1,000        

of this section.  The suspension shall be subject to appeal as     1,001        

provided in this section and shall be for whichever of the         1,002        

following periods applies:                                         1,003        

      (a)  If the arrested person, within five years of the date   1,005        

on which the person refused the request to consent to the          1,006        

chemical test, had not refused a previous request to consent to a  1,008        

chemical test of the person's blood, breath, or urine to           1,009        

determine its alcohol content, the period of suspension shall be   1,011        

one year.  If the person is a resident without a license or        1,012        

permit to operate a vehicle within this state, the registrar       1,013        

shall deny to the person the issuance of a driver's or commercial  1,014        

driver's license or permit for a period of one year after the      1,015        

date of the alleged violation.                                                  

      (b)  If the arrested person, within five years of the date   1,017        

on which the person refused the request to consent to the          1,018        

chemical test, had refused one previous request to consent to a    1,020        

chemical test of the person's blood, breath, or urine to           1,021        

determine its alcohol content, the period of suspension or denial  1,023        

shall be two years.                                                             

      (c)  If the arrested person, within five years of the date   1,025        

on which the person refused the request to consent to the          1,026        

chemical test, had refused two previous requests to consent to a   1,028        

chemical test of the person's blood, breath, or urine to           1,029        

determine its alcohol content, the period of suspension or denial  1,031        

shall be three years.                                                           

      (d)  If the arrested person, within five years of the date   1,033        

                                                          25     


                                                                 
on which the person refused the request to consent to the          1,034        

chemical test, had refused three or more previous requests to      1,036        

consent to a chemical test of the person's blood, breath, or       1,037        

urine to determine its alcohol content, the period of suspension   1,039        

or denial shall be five years.                                     1,040        

      (2)  The suspension or denial imposed under division (E)(1)  1,042        

of this section shall continue for the entire one-year, two-year,  1,043        

three-year, or five-year period, subject to appeal as provided in  1,044        

this section and subject to termination as provided in division    1,045        

(K) of this section.                                               1,046        

      (F)  Upon receipt of the sworn report of an arresting        1,048        

officer completed and sent to the registrar and a court pursuant   1,049        

to divisions (D)(1)(c) and (D)(2) of this section in regard to a   1,050        

person whose test results indicate that the person's blood         1,051        

contained a concentration of ten-hundredths of one per cent or     1,053        

more by weight ofalcohol OF ALCOHOL, the person's breath           1,054        

contained a concentration of ten-hundredths of one gram or more    1,056        

by weight of alcohol per two hundred ten liters of the person's    1,057        

breath, or the person's urine contained a concentration of         1,059        

fourteen-hundredths of one gram or more by weight of alcohol per   1,060        

one hundred milliliters of the person's urine at the time of the   1,061        

alleged offense, the registrar shall enter into the registrar's    1,062        

records the fact that the person's driver's or commercial          1,063        

driver's license or permit or nonresident operating privilege was  1,064        

suspended by the arresting officer under division (D)(1)(a) of     1,065        

this section and the period of the suspension, as determined       1,066        

under divisions (F)(1) to (4) of this section.  The suspension     1,067        

shall be subject to appeal as provided in this section and shall   1,068        

be for whichever of the following periods that applies:            1,069        

      (1)  Except when division (F)(2), (3), or (4) of this        1,071        

section applies and specifies a different period of suspension or  1,072        

denial, the period of the suspension or denial shall be ninety     1,073        

days.                                                                           

      (2)  The period of suspension or denial shall be one year    1,075        

                                                          26     


                                                                 
if the person has been convicted, within six years of the date     1,077        

the test was conducted, of a violation of one of the following:    1,079        

      (a)  Division (A) or (B) of section 4511.19 of the Revised   1,081        

Code;                                                              1,082        

      (b)  A municipal ordinance relating to operating a vehicle   1,084        

while under the influence of alcohol, a drug of abuse, or alcohol  1,086        

and a drug of abuse;                                               1,087        

      (c)  A municipal ordinance relating to operating a vehicle   1,089        

with a prohibited concentration of alcohol in the blood, breath,   1,090        

or urine;                                                          1,091        

      (d)  Section 2903.04 of the Revised Code in a case in which  1,093        

the offender was subject to the sanctions described in division    1,094        

(D) of that section;                                               1,095        

      (e)  Division (A)(1) of section 2903.06 or division (A)(1)   1,098        

of section 2903.08 of the Revised Code or a municipal ordinance    1,099        

that is substantially similar to either of those divisions;        1,100        

      (f)  Division (A)(2), (3), or (4) of section 2903.06,        1,103        

division (A)(2) of section 2903.08, or former section 2903.07 of   1,104        

the Revised Code, or a municipal ordinance that is substantially   1,105        

similar to any of those divisions or that former section, in a     1,106        

case in which the jury or judge found that at the time of the      1,108        

commission of the offense the offender was under the influence of  1,109        

alcohol, a drug of abuse, or alcohol and a drug of abuse;          1,110        

      (g)  A statute of the United States or of any other state    1,113        

or a municipal ordinance of a municipal corporation located in     1,114        

any other state that is substantially similar to division (A) or                

(B) of section 4511.19 of the Revised Code.                        1,115        

      (3)  If the person has been convicted, within six years of   1,117        

the date the test was conducted, of two violations of a statute    1,118        

or ordinance described in division (F)(2) of this section, the     1,120        

period of the suspension or denial shall be two years.                          

      (4)  If the person has been convicted, within six years of   1,122        

the date the test was conducted, of more than two violations of a  1,123        

statute or ordinance described in division (F)(2) of this          1,124        

                                                          27     


                                                                 
section, the period of the suspension or denial shall be three     1,125        

years.                                                             1,126        

      (G)(1)  A suspension of a person's driver's or commercial    1,128        

driver's license or permit or nonresident operating privilege      1,129        

under division (D)(1)(a) of this section for the period of time    1,130        

described in division (E) or (F) of this section is effective      1,131        

immediately from the time at which the arresting officer serves    1,132        

the notice of suspension upon the arrested person.  Any            1,133        

subsequent finding that the person is not guilty of the charge     1,134        

that resulted in the person being requested to take, or in the     1,136        

person taking, the chemical test or tests under division (A) of    1,137        

this section affects the suspension only as described in division  1,138        

(H)(2) of this section.                                            1,139        

      (2)  If a person is arrested for operating a vehicle while   1,141        

under the influence of alcohol, a drug of abuse, or alcohol and a  1,142        

drug of abuse or for operating a vehicle with a prohibited         1,143        

concentration of alcohol in the blood, breath, or urine and        1,144        

regardless of whether the person's driver's or commercial          1,145        

driver's license or permit or nonresident operating privilege is   1,146        

or is not suspended under division (E) or (F) of this section,     1,147        

the person's initial appearance on the charge resulting from the   1,148        

arrest shall be held within five days of the person's arrest or    1,149        

the issuance of the citation to the person, subject to any         1,150        

continuance granted by the court pursuant to division (H)(1) of    1,152        

this section regarding the issues specified in that division.      1,153        

      (H)(1)  If a person is arrested for operating a vehicle      1,155        

while under the influence of alcohol, a drug of abuse, or alcohol  1,156        

and a drug of abuse or for operating a vehicle with a prohibited   1,157        

concentration of alcohol in the blood, breath, or urine and if     1,158        

the person's driver's or commercial driver's license or permit or  1,159        

nonresident operating privilege is suspended under division (E)    1,160        

or (F) of this section, the person may appeal the suspension at    1,161        

the person's initial appearance on the charge resulting from the   1,164        

arrest in the court in which the person will appear on that        1,165        

                                                          28     


                                                                 
charge.  If the person appeals the suspension at the person's      1,166        

initial appearance, the appeal does not stay the operation of the  1,167        

suspension.  Subject to division (H)(2) of this section, no court  1,168        

has jurisdiction to grant a stay of a suspension imposed under     1,169        

division (E) or (F) of this section, and any order issued by any   1,170        

court that purports to grant a stay of any suspension imposed      1,171        

under either of those divisions shall not be given administrative  1,172        

effect.                                                                         

      If the person appeals the suspension at the person's         1,174        

initial appearance, either the person or the registrar may         1,175        

request a continuance of the appeal.  Either the person or the     1,177        

registrar shall make the request for a continuance of the appeal   1,178        

at the same time as the making of the appeal.  If either the       1,179        

person or the registrar requests a continuance of the appeal, the  1,180        

court may grant the continuance.  The court also may continue the  1,181        

appeal on its own motion.  The granting of a continuance applies   1,182        

only to the conduct of the appeal of the suspension and does not   1,183        

extend the time within which the initial appearance must be        1,184        

conducted, and the court shall proceed with all other aspects of   1,185        

the initial appearance in accordance with its normal procedures.   1,186        

Neither the request for nor the granting of a continuance stays    1,187        

the operation of the suspension that is the subject of the         1,188        

appeal.                                                                         

      If the person appeals the suspension at the person's         1,190        

initial appearance, the scope of the appeal is limited to          1,191        

determining whether one or more of the following conditions have   1,192        

not been met:                                                      1,193        

      (a)  Whether the law enforcement officer had reasonable      1,195        

ground to believe the arrested person was operating a vehicle      1,196        

upon a highway or public or private property used by the public    1,197        

for vehicular travel or parking within this state while under the  1,198        

influence of alcohol, a drug of abuse, or alcohol and a drug of    1,199        

abuse or with a prohibited concentration of alcohol in the blood,  1,200        

breath, or urine and whether the arrested person was in fact       1,201        

                                                          29     


                                                                 
placed under arrest;                                               1,202        

      (b)  Whether the law enforcement officer requested the       1,204        

arrested person to submit to the chemical test designated          1,205        

pursuant to division (A) of this section;                          1,206        

      (c)  Whether the arresting officer informed the arrested     1,208        

person of the consequences of refusing to be tested or of          1,209        

submitting to the test;                                            1,210        

      (d)  Whichever of the following is applicable:               1,212        

      (i)  Whether the arrested person refused to submit to the    1,214        

chemical test requested by the officer;                            1,215        

      (ii)  Whether the chemical test results indicate that the    1,217        

arrested person's blood contained a concentration of               1,218        

ten-hundredths of one per cent or more by weight of alcohol, the   1,220        

person's breath contained a concentration of ten-hundredths of     1,222        

one gram or more by weight of alcohol per two hundred ten liters   1,223        

of the person's breath, or the person's urine contained a          1,224        

concentration of fourteen-hundredths of one gram or more by        1,226        

weight of alcohol per one hundred milliliters of the person's      1,227        

urine at the time of the alleged offense.                                       

      (2)  If the person appeals the suspension at the initial     1,229        

appearance, the judge or referee of the court or the mayor of the  1,230        

mayor's court shall determine whether one or more of the           1,231        

conditions specified in divisions (H)(1)(a) to (d) of this         1,232        

section have not been met.  The person who appeals the suspension  1,233        

has the burden of proving, by a preponderance of the evidence,     1,234        

that one or more of the specified conditions has not been met.     1,235        

If during the appeal at the initial appearance the judge or        1,236        

referee of the court or the mayor of the mayor's court determines  1,237        

that all of those conditions have been met, the judge, referee,    1,238        

or mayor shall uphold the suspension, shall continue the           1,239        

suspension, and shall notify the registrar of the decision on a    1,240        

form approved by the registrar.  Except as otherwise provided in   1,241        

division (H)(2) of this section, if the suspension is upheld or    1,242        

if the person does not appeal the suspension at the person's       1,243        

                                                          30     


                                                                 
initial appearance under division (H)(1) of this section, the      1,244        

suspension shall continue until the complaint alleging the         1,245        

violation for which the person was arrested and in relation to     1,246        

which the suspension was imposed is adjudicated on the merits by   1,247        

the judge or referee of the trial court or by the mayor of the     1,248        

mayor's court.  If the suspension was imposed under division (E)   1,249        

of this section and it is continued under this division, any       1,250        

subsequent finding that the person is not guilty of the charge     1,251        

that resulted in the person being requested to take the chemical   1,252        

test or tests under division (A) of this section does not          1,253        

terminate or otherwise affect the suspension.  If the suspension   1,254        

was imposed under division (F) of this section and it is           1,255        

continued under this division, the suspension shall terminate if,  1,256        

for any reason, the person subsequently is found not guilty of     1,257        

the charge that resulted in the person taking the chemical test    1,258        

or tests under division (A) of this section.                       1,259        

      If, during the appeal at the initial appearance, the judge   1,261        

or referee of the trial court or the mayor of the mayor's court    1,262        

determines that one or more of the conditions specified in         1,263        

divisions (H)(1)(a) to (d) of this section have not been met, the  1,264        

judge, referee, or mayor shall terminate the suspension, subject   1,265        

to the imposition of a new suspension under division (B) of        1,266        

section 4511.196 of the Revised Code; shall notify the registrar   1,267        

of the decision on a form approved by the registrar; and, except   1,268        

as provided in division (B) of section 4511.196 of the Revised     1,270        

Code, shall order the registrar to return the driver's or          1,271        

commercial driver's license or permit to the person or to take     1,272        

such measures as may be necessary, if the license or permit was    1,273        

destroyed under section 4507.55 of the Revised Code, to permit     1,274        

the person to obtain a replacement driver's or commercial          1,275        

driver's license or permit from the registrar or a deputy          1,276        

registrar in accordance with that section.  The court also shall   1,277        

issue to the person a court order, valid for not more than ten     1,278        

days from the date of issuance, granting the person operating      1,279        

                                                          31     


                                                                 
privileges for that period of time.                                             

      If the person appeals the suspension at the initial          1,281        

appearance, the registrar shall be represented by the prosecuting  1,282        

attorney of the county in which the arrest occurred if the         1,283        

initial appearance is conducted in a juvenile court or county      1,284        

court, except that if the arrest occurred within a city or         1,285        

village within the jurisdiction of the county court in which the   1,286        

appeal is conducted, the city director of law or village           1,287        

solicitor of that city or village shall represent the registrar.   1,288        

If the appeal is conducted in a municipal court, the registrar     1,289        

shall be represented as provided in section 1901.34 of the         1,290        

Revised Code.  If the appeal is conducted in a mayor's court, the  1,291        

registrar shall be represented by the city director of law,        1,292        

village solicitor, or other chief legal officer of the municipal   1,293        

corporation that operates that mayor's court.                      1,294        

      (I)(1)(a)  A person is not entitled to request, and a court  1,296        

shall not grant to the person, occupational driving privileges     1,297        

under division (I)(1) of this section if a person's driver's or    1,299        

commercial driver's license or permit or nonresident operating     1,300        

privilege has been suspended pursuant to division (E) of this      1,301        

section, and the person, within the preceding seven years, has     1,302        

refused three previous requests to consent to a chemical test of   1,303        

the person's blood, breath, or urine to determine its alcohol      1,304        

content or has been convicted of or pleaded guilty to three or     1,305        

more violations of one or more of the following:                   1,306        

      (i)  Division (A) or (B) of section 4511.19 of the Revised   1,308        

Code;                                                              1,309        

      (ii)  A municipal ordinance relating to operating a vehicle  1,312        

while under the influence of alcohol, a drug of abuse, or alcohol  1,313        

and a drug of abuse;                                               1,314        

      (iii)  A municipal ordinance relating to operating a         1,316        

vehicle with a prohibited concentration of alcohol in the blood,   1,317        

breath, or urine;                                                  1,318        

      (iv)  Section 2903.04 of the Revised Code in a case in       1,320        

                                                          32     


                                                                 
which the person was subject to the sanctions described in         1,321        

division (D) of that section;                                      1,322        

      (v)  Division (A)(1) of section 2903.06 or division (A)(1)   1,325        

of section 2903.08 of the Revised Code or a municipal ordinance    1,326        

that is substantially similar to either of those divisions;        1,327        

      (vi)  Division (A)(2), (3), or (4) of section 2903.06,       1,330        

division (A)(2) of section 2903.08, or former section 2903.07 of   1,331        

the Revised Code, or a municipal ordinance that is substantially   1,332        

similar to any of those divisions or that former section, in a     1,333        

case in which the jury or judge found that the person was under    1,335        

the influence of alcohol, a drug of abuse, or alcohol and a drug   1,336        

of abuse;                                                                       

      (vii)  A statute of the United States or of any other state  1,339        

or a municipal ordinance of a municipal corporation located in     1,340        

any other state that is substantially similar to division (A) or   1,341        

(B) of section 4511.19 of the Revised Code.                                     

      (b)  Any other person who is not described in division       1,343        

(I)(1)(a) of this section and whose driver's or commercial         1,345        

driver's license or nonresident operating privilege has been       1,346        

suspended pursuant to division (E) of this section may file a      1,347        

petition requesting occupational driving privileges in the common  1,348        

pleas court, municipal court, county court, mayor's court, or, if  1,349        

the person is a minor, juvenile court with jurisdiction over the   1,351        

related criminal or delinquency case.  The petition may be filed   1,352        

at any time subsequent to the date on which the notice of          1,353        

suspension is served upon the arrested person.  The person shall   1,354        

pay the costs of the proceeding, notify the registrar of the       1,355        

filing of the petition, and send the registrar a copy of the       1,356        

petition.                                                                       

      In the proceedings, the registrar shall be represented by    1,358        

the prosecuting attorney of the county in which the arrest         1,359        

occurred if the petition is filed in the juvenile court, county    1,360        

court, or common pleas court, except that, if the arrest occurred  1,361        

within a city or village within the jurisdiction of the county     1,363        

                                                          33     


                                                                 
court in which the petition is filed, the city director of law or  1,364        

village solicitor of that city or village shall represent the      1,365        

registrar.  If the petition is filed in the municipal court, the   1,366        

registrar shall be represented as provided in section 1901.34 of   1,367        

the Revised Code.  If the petition is filed in a mayor's court,    1,368        

the registrar shall be represented by the city director of law,    1,369        

village solicitor, or other chief legal officer of the municipal   1,370        

corporation that operates the mayor's court.                                    

      The court, if it finds reasonable cause to believe that      1,372        

suspension would seriously affect the person's ability to          1,373        

continue in the person's employment, may grant the person          1,374        

occupational driving privileges during the period of suspension    1,376        

imposed pursuant to division (E) of this section, subject to the   1,377        

limitations contained in this division and division (I)(2) of      1,378        

this section.  The court may grant the occupational driving        1,379        

privileges, subject to the limitations contained in this division  1,380        

and division (I)(2) of this section, regardless of whether the     1,381        

person appeals the suspension at the person's initial appearance   1,383        

under division (H)(1) of this section or appeals the decision of   1,384        

the court made pursuant to the appeal conducted at the initial     1,385        

appearance, and, if the person has appealed the suspension or      1,386        

decision, regardless of whether the matter at issue has been       1,387        

heard or decided by the court.  The court shall not grant          1,388        

occupational driving privileges for employment as a driver of      1,390        

commercial motor vehicles to any person who is disqualified from   1,391        

operating a commercial motor vehicle under section 2301.374 or     1,392        

4506.16 of the Revised Code.                                                    

      (2)(a)  In granting occupational driving privileges under    1,394        

division (I)(1) of this section, the court may impose any          1,395        

condition it considers reasonable and necessary to limit the use   1,396        

of a vehicle by the person.  The court shall deliver to the        1,397        

person a permit card, in a form to be prescribed by the court,     1,398        

setting forth the time, place, and other conditions limiting the   1,399        

defendant's use of a vehicle.  The grant of occupational driving   1,400        

                                                          34     


                                                                 
privileges shall be conditioned upon the person's having the       1,401        

permit in the person's possession at all times during which the    1,403        

person is operating a vehicle.                                     1,404        

      A person granted occupational driving privileges who         1,406        

operates a vehicle for other than occupational purposes, in        1,407        

violation of any condition imposed by the court, or without        1,408        

having the permit in the person's possession, is guilty of a       1,409        

violation of section 4507.02 of the Revised Code.                  1,411        

      (b)  The court may not grant a person occupational driving   1,413        

privileges under division (I)(1) of this section when prohibited   1,414        

by a limitation contained in that division or during any of the    1,415        

following periods of time:                                         1,416        

      (i)  The first thirty days of suspension imposed upon a      1,418        

person who, within five years of the date on which the person      1,419        

refused the request to consent to a chemical test of the person's  1,421        

blood, breath, or urine to determine its alcohol content and for   1,423        

which refusal the suspension was imposed, had not refused a        1,424        

previous request to consent to a chemical test of the person's     1,425        

blood, breath, or urine to determine its alcohol content;          1,427        

      (ii)  The first ninety days of suspension imposed upon a     1,429        

person who, within five years of the date on which the person      1,430        

refused the request to consent to a chemical test of the person's  1,432        

blood, breath, or urine to determine its alcohol content and for   1,434        

which refusal the suspension was imposed, had refused one          1,435        

previous request to consent to a chemical test of the person's     1,436        

blood, breath, or urine to determine its alcohol content;          1,438        

      (iii)  The first year of suspension imposed upon a person    1,440        

who, within five years of the date on which the person refused     1,442        

the request to consent to a chemical test of the person's blood,   1,444        

breath, or urine to determine its alcohol content and for which    1,445        

refusal the suspension was imposed, had refused two previous       1,446        

requests to consent to a chemical test of the person's blood,      1,447        

breath, or urine to determine its alcohol content;                 1,449        

      (iv)  The first three years of suspension imposed upon a     1,451        

                                                          35     


                                                                 
person who, within five years of the date on which the person      1,452        

refused the request to consent to a chemical test of the person's  1,454        

blood, breath, or urine to determine its alcohol content and for   1,456        

which refusal the suspension was imposed, had refused three or     1,457        

more previous requests to consent to a chemical test of the        1,458        

person's blood, breath, or urine to determine its alcohol          1,460        

content.                                                                        

      (3)  The court shall give information in writing of any      1,462        

action taken under this section to the registrar.                  1,463        

      (4)  If a person's driver's or commercial driver's license   1,465        

or permit or nonresident operating privilege has been suspended    1,466        

pursuant to division (F) of this section, and the person, within   1,467        

the preceding seven years, has been convicted of or pleaded        1,468        

guilty to three or more violations of division (A) or (B) of       1,469        

section 4511.19 of the Revised Code, a municipal ordinance         1,470        

relating to operating a vehicle while under the influence of       1,471        

alcohol, a drug of abuse, or alcohol and a drug of abuse, a        1,472        

municipal ordinance relating to operating a vehicle with a         1,473        

prohibited concentration of alcohol in the blood, breath, or       1,474        

urine, section 2903.04 of the Revised Code in a case in which the  1,475        

person was subject to the sanctions described in division (D) of   1,476        

that section, or section 2903.06, 2903.07, or 2903.08 of the       1,477        

Revised Code or a municipal ordinance that is substantially        1,478        

similar to section 2903.07 of the Revised Code in a case in which  1,479        

the jury or judge found that the person was under the influence    1,480        

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  1,481        

statute of the United States or of any other state or a municipal  1,482        

ordinance of a municipal corporation located in any other state    1,484        

that is substantially similar to division (A) or (B) of section    1,485        

4511.19 of the Revised Code, the person is not entitled to         1,486        

request, and the court shall not grant to the person,              1,487        

occupational driving privileges under this division.  Any other    1,488        

person whose driver's or commercial driver's license or            1,489        

nonresident operating privilege has been suspended pursuant to     1,490        

                                                          36     


                                                                 
division (F) of this section may file in the court specified in    1,491        

division (I)(1)(b) of this section a petition requesting           1,492        

occupational driving privileges in accordance with section         1,493        

4507.16 of the Revised Code.  The petition may be filed at any     1,494        

time subsequent to the date on which the arresting officer serves  1,495        

the notice of suspension upon the arrested person.  Upon the       1,496        

making of the request, occupational driving privileges may be                   

granted in accordance with section 4507.16 of the Revised Code.    1,497        

The court may grant the occupational driving privileges, subject   1,498        

to the limitations contained in section 4507.16 of the Revised     1,499        

Code, regardless of whether the person appeals the suspension at   1,500        

the person's initial appearance under division (H)(1) of this      1,502        

section or appeals the decision of the court made pursuant to the  1,503        

appeal conducted at the initial appearance, and, if the person     1,504        

has appealed the suspension or decision, regardless of whether     1,505        

the matter at issue has been heard or decided by the court.        1,506        

      (J)  When it finally has been determined under the           1,508        

procedures of this section that a nonresident's privilege to       1,509        

operate a vehicle within this state has been suspended, the        1,510        

registrar shall give information in writing of the action taken    1,511        

to the motor vehicle administrator of the state of the person's    1,512        

residence and of any state in which the person has a license.      1,513        

      (K)  A suspension of the driver's or commercial driver's     1,515        

license or permit of a resident, a suspension of the operating     1,516        

privilege of a nonresident, or a denial of a driver's or           1,517        

commercial driver's license or permit pursuant to division (E) or  1,519        

(F) of this section shall be terminated by the registrar upon      1,521        

receipt of notice of the person's entering a plea of guilty to,    1,522        

or of the person's conviction of, operating a vehicle while under  1,524        

the influence of alcohol, a drug of abuse, or alcohol and a drug   1,525        

of abuse or with a prohibited concentration of alcohol in the      1,526        

blood, breath, or urine, if the offense for which the plea is                   

entered or that resulted in the conviction arose from the same     1,527        

incident that led to the suspension or denial.                     1,528        

                                                          37     


                                                                 
      The registrar shall credit against any judicial suspension   1,530        

of a person's driver's or commercial driver's license or permit    1,531        

or nonresident operating privilege imposed pursuant to division    1,532        

(B) or (E) of section 4507.16 of the Revised Code any time during  1,533        

which the person serves a related suspension imposed pursuant to   1,534        

division (E) or (F) of this section.                               1,535        

      (L)  At the end of a suspension period under this section,   1,537        

section 4511.196, or division (B) of section 4507.16 of the        1,538        

Revised Code and upon the request of the person whose driver's or  1,539        

commercial driver's license or permit was suspended and who is     1,540        

not otherwise subject to suspension, revocation, or                1,541        

disqualification, the registrar shall return the driver's or       1,542        

commercial driver's license or permit to the person upon the       1,543        

person's compliance with all of the conditions specified in        1,545        

divisions (L)(1) and (2) of this section:                          1,546        

      (1)  A showing by the person that the person has proof of    1,548        

financial responsibility, a policy of liability insurance in       1,550        

effect that meets the minimum standards set forth in section       1,551        

4509.51 of the Revised Code, or proof, to the satisfaction of the  1,552        

registrar, that the person is able to respond in damages in an     1,553        

amount at least equal to the minimum amounts specified in section  1,554        

4509.51 of the Revised Code.                                       1,555        

      (2)  Subject to the limitation contained in division (L)(3)  1,558        

of this section, payment by the person of a license reinstatement  1,559        

fee of four hundred TWENTY-five dollars to the bureau of motor     1,561        

vehicles, which fee shall be deposited in the state treasury and   1,563        

credited as follows:                                               1,564        

      (a)  One hundred twelve dollars and fifty cents shall be     1,567        

credited to the statewide treatment and prevention fund created    1,568        

by section 4301.30 of the Revised Code.  The fund shall be used    1,570        

to pay the costs of driver treatment and intervention programs     1,571        

operated pursuant to sections 3793.02 and 3793.10 of the Revised   1,572        

Code.  The director of alcohol and drug addiction services shall   1,573        

determine the share of the fund that is to be allocated to         1,574        

                                                          38     


                                                                 
alcohol and drug addiction programs authorized by section 3793.02  1,575        

of the Revised Code, and the share of the fund that is to be       1,576        

allocated to drivers' intervention programs authorized by section  1,577        

3793.10 of the Revised Code.                                                    

      (b)  Seventy-five dollars shall be credited to the           1,579        

reparations fund created by section 2743.191 of the Revised Code.  1,581        

      (c)  Thirty-seven dollars and fifty cents shall be credited  1,584        

to the indigent drivers alcohol treatment fund, which is hereby    1,585        

established.  Except as otherwise provided in division (L)(2)(c)   1,587        

of this section, moneys in the fund shall be distributed by the    1,588        

department of alcohol and drug addiction services to the county    1,589        

indigent drivers alcohol treatment funds, the county juvenile      1,590        

indigent drivers alcohol treatment funds, and the municipal        1,591        

indigent drivers alcohol treatment funds that are required to be   1,592        

established by counties and municipal corporations pursuant to     1,593        

division (N) of this section, and shall be used only to pay the    1,594        

cost of an alcohol and drug addiction treatment program attended   1,595        

by an offender or juvenile traffic offender who is ordered to      1,596        

attend an alcohol and drug addiction treatment program by a        1,597        

county, juvenile, or municipal court judge and who is determined   1,598        

by the county, juvenile, or municipal court judge not to have the  1,599        

means to pay for attendance at the program or to pay the costs                  

specified in division (N)(4) of this section in accordance with    1,600        

that division.  Moneys in the fund that are not distributed to a   1,602        

county indigent drivers alcohol treatment fund, a county juvenile  1,603        

indigent drivers alcohol treatment fund, or a municipal indigent   1,604        

drivers alcohol treatment fund under division (N) of this section  1,605        

because the director of alcohol and drug addiction services does   1,606        

not have the information necessary to identify the county or                    

municipal corporation where the offender or juvenile offender was  1,607        

arrested may be transferred by the director of budget and          1,608        

management to the statewide treatment and prevention fund created  1,610        

by section 4301.30 of the Revised Code, upon certification of the  1,611        

amount by the director of alcohol and drug addiction services.     1,613        

                                                          39     


                                                                 
      (d)  Seventy-five dollars shall be credited to the Ohio      1,615        

rehabilitation services commission established by section 3304.12  1,616        

of the Revised Code, to the services for rehabilitation fund,      1,617        

which is hereby established.  The fund shall be used to match      1,618        

available federal matching funds where appropriate, and for any    1,619        

other purpose or program of the commission to rehabilitate people  1,620        

with disabilities to help them become employed and independent.    1,621        

      (e)  Seventy-five dollars shall be deposited into the state  1,624        

treasury and credited to the drug abuse resistance education       1,625        

programs fund, which is hereby established, to be used by the      1,626        

attorney general for the purposes specified in division (L)(4) of  1,628        

this section.                                                                   

      (f)  Thirty dollars shall be credited to the state bureau    1,630        

of motor vehicles fund created by section 4501.25 of the Revised   1,631        

Code.                                                                           

      (g)  TWENTY DOLLARS SHALL BE CREDITED TO THE TRAUMA AND      1,633        

EMERGENCY MEDICAL SERVICES GRANTS FUND CREATED BY SECTION          1,634        

4513.263 OF THE REVISED CODE.                                      1,635        

      (3)  If a person's driver's or commercial driver's license   1,637        

or permit is suspended under division (E) or (F) of this section,  1,639        

section 4511.196, or division (B) of section 4507.16 of the        1,640        

Revised Code, or any combination of the suspensions described in   1,641        

division (L)(3) of this section, and if the suspensions arise      1,642        

from a single incident or a single set of facts and                             

circumstances, the person is liable for payment of, and shall be   1,643        

required to pay to the bureau, only one reinstatement fee of four  1,644        

hundred five dollars.  The reinstatement fee shall be distributed  1,645        

by the bureau in accordance with division (L)(2) of this section.  1,646        

      (4)  The attorney general shall use amounts in the drug      1,648        

abuse resistance education programs fund to award grants to law    1,649        

enforcement agencies to establish and implement drug abuse         1,650        

resistance education programs in public schools.  Grants awarded   1,651        

to a law enforcement agency under division (L)(2)(e) of this       1,652        

section shall be used by the agency to pay for not more than       1,653        

                                                          40     


                                                                 
fifty per cent of the amount of the salaries of law enforcement    1,654        

officers who conduct drug abuse resistance education programs in   1,655        

public schools.  The attorney general shall not use more than six  1,656        

per cent of the amounts the attorney general's office receives     1,658        

under division (L)(2)(e) of this section to pay the costs it       1,659        

incurs in administering the grant program established by division  1,660        

(L)(2)(e) of this section and in providing training and materials  1,661        

relating to drug abuse resistance education programs.              1,662        

      The attorney general shall report to the governor and the    1,664        

general assembly each fiscal year on the progress made in          1,665        

establishing and implementing drug abuse resistance education      1,666        

programs.  These reports shall include an evaluation of the        1,667        

effectiveness of these programs.                                   1,668        

      (M)  Suspension of a commercial driver's license under       1,670        

division (E) or (F) of this section shall be concurrent with any   1,671        

period of disqualification under section 2301.374 or 4506.16 of    1,672        

the Revised Code.  No person who is disqualified for life from     1,673        

holding a commercial driver's license under section 4506.16 of     1,674        

the Revised Code shall be issued a driver's license under Chapter  1,675        

4507. of the Revised Code during the period for which the          1,676        

commercial driver's license was suspended under division (E) or    1,677        

(F) of this section, and no person whose commercial driver's       1,678        

license is suspended under division (E) or (F) of this section     1,679        

shall be issued a driver's license under that chapter during the   1,680        

period of the suspension.                                          1,681        

      (N)(1)  Each county shall establish an indigent drivers      1,683        

alcohol treatment fund, each county shall establish a juvenile     1,684        

indigent drivers alcohol treatment fund, and each municipal        1,685        

corporation in which there is a municipal court shall establish    1,686        

an indigent drivers alcohol treatment fund.  All revenue that the  1,687        

general assembly appropriates to the indigent drivers alcohol      1,688        

treatment fund for transfer to a county indigent drivers alcohol   1,689        

treatment fund, a county juvenile indigent drivers alcohol         1,690        

treatment fund, or a municipal indigent drivers alcohol treatment  1,691        

                                                          41     


                                                                 
fund, all portions of fees that are paid under division (L) of     1,692        

this section and that are credited under that division to the      1,693        

indigent drivers alcohol treatment fund in the state treasury for  1,694        

a county indigent drivers alcohol treatment fund, a county         1,695        

juvenile indigent drivers alcohol treatment fund, or a municipal   1,696        

indigent drivers alcohol treatment fund, and all portions of       1,697        

fines that are specified for deposit into a county or municipal    1,698        

indigent drivers alcohol treatment fund by section 4511.193 of     1,699        

the Revised Code shall be deposited into that county indigent      1,700        

drivers alcohol treatment fund, county juvenile indigent drivers   1,701        

alcohol treatment fund, or municipal indigent drivers alcohol      1,702        

treatment fund in accordance with division (N)(2) of this          1,703        

section.  Additionally, all portions of fines that are paid for a  1,704        

violation of section 4511.19 of the Revised Code or division       1,705        

(B)(2) of section 4507.02 of the Revised Code, and that are        1,706        

required under division (A)(1), (2), (5), or (6) of section        1,707        

4511.99 or division (B)(5) of section 4507.99 of the Revised Code  1,708        

to be deposited into a county indigent drivers alcohol treatment   1,709        

fund or municipal indigent drivers alcohol treatment fund shall    1,710        

be deposited into the appropriate fund in accordance with the      1,711        

applicable division.                                               1,712        

      (2)  That portion of the license reinstatement fee that is   1,714        

paid under division (L) of this section and that is credited       1,715        

under that division to the indigent drivers alcohol treatment      1,716        

fund shall be deposited into a county indigent drivers alcohol     1,717        

treatment fund, a county juvenile indigent drivers alcohol         1,718        

treatment fund, or a municipal indigent drivers alcohol treatment  1,719        

fund as follows:                                                   1,720        

      (a)  If the suspension in question was imposed under this    1,722        

section, that portion of the fee shall be deposited as follows:    1,723        

      (i)  If the fee is paid by a person who was charged in a     1,725        

county court with the violation that resulted in the suspension,   1,726        

the portion shall be deposited into the county indigent drivers    1,727        

alcohol treatment fund under the control of that court;            1,728        

                                                          42     


                                                                 
      (ii)  If the fee is paid by a person who was charged in a    1,730        

juvenile court with the violation that resulted in the             1,731        

suspension, the portion shall be deposited into the county         1,732        

juvenile indigent drivers alcohol treatment fund established in    1,733        

the county served by the court;                                    1,734        

      (iii)  If the fee is paid by a person who was charged in a   1,736        

municipal court with the violation that resulted in the            1,737        

suspension, the portion shall be deposited into the municipal      1,738        

indigent drivers alcohol treatment fund under the control of that  1,739        

court.                                                             1,740        

      (b)  If the suspension in question was imposed under         1,742        

division (B) of section 4507.16 of the Revised Code, that portion  1,743        

of the fee shall be deposited as follows:                          1,744        

      (i)  If the fee is paid by a person whose license or permit  1,746        

was suspended by a county court, the portion shall be deposited    1,747        

into the county indigent drivers alcohol treatment fund under the  1,748        

control of that court;                                             1,749        

      (ii)  If the fee is paid by a person whose license or        1,751        

permit was suspended by a municipal court, the portion shall be    1,752        

deposited into the municipal indigent drivers alcohol treatment    1,753        

fund under the control of that court.                              1,754        

      (3)  Expenditures from a county indigent drivers alcohol     1,756        

treatment fund, a county juvenile indigent drivers alcohol         1,757        

treatment fund, or a municipal indigent drivers alcohol treatment  1,758        

fund shall be made only upon the order of a county, juvenile, or   1,759        

municipal court judge and only for payment of the cost of the      1,760        

attendance at an alcohol and drug addiction treatment program of   1,761        

a person who is convicted of, or found to be a juvenile traffic    1,762        

offender by reason of, a violation of division (A) of section      1,763        

4511.19 of the Revised Code or a substantially similar municipal   1,764        

ordinance, who is ordered by the court to attend the alcohol and   1,765        

drug addiction treatment program, and who is determined by the     1,766        

court to be unable to pay the cost of attendance at the treatment  1,768        

program or for payment of the costs specified in division (N)(4)   1,769        

                                                          43     


                                                                 
of this section in accordance with that division.  The alcohol     1,770        

and drug addiction services board or the board of alcohol, drug                 

addiction, and mental health services established pursuant to      1,772        

section 340.02 or 340.021 of the Revised Code and serving the      1,774        

alcohol, drug addiction, and mental health service district in     1,775        

which the court is located shall administer the indigent drivers   1,776        

alcohol treatment program of the court.  When a court orders an    1,777        

offender or juvenile traffic offender to attend an alcohol and     1,778        

drug addiction treatment program, the board shall determine which  1,779        

program is suitable to meet the needs of the offender or juvenile  1,780        

traffic offender, and when a suitable program is located and       1,781        

space is available at the program, the offender or juvenile        1,782        

traffic offender shall attend the program designated by the        1,783        

board.  A reasonable amount not to exceed five per cent of the     1,784        

amounts credited to and deposited into the county indigent         1,785        

drivers alcohol treatment fund, the county juvenile indigent       1,786        

drivers alcohol treatment fund, or the municipal indigent drivers  1,787        

alcohol treatment fund serving every court whose program is        1,788        

administered by that board shall be paid to the board to cover     1,789        

the costs it incurs in administering those indigent drivers        1,790        

alcohol treatment programs.                                                     

      (4)  If a county, juvenile, or municipal court determines,   1,792        

in consultation with the alcohol and drug addiction services       1,793        

board or the board of alcohol, drug addiction, and mental health   1,794        

services established pursuant to section 340.02 or 340.021 of the  1,795        

Revised Code and serving the alcohol, drug addiction, and mental   1,797        

health district in which the court is located, that the funds in   1,798        

the county indigent drivers alcohol treatment fund, the county                  

juvenile indigent drivers alcohol treatment fund, or the           1,799        

municipal indigent drivers alcohol treatment fund under the        1,800        

control of the court are more than sufficient to satisfy the       1,801        

purpose for which the fund was established, as specified in        1,802        

divisions (N)(1) to (3) of this section, the court may declare a   1,803        

surplus in the fund.  If the court declares a surplus in the       1,804        

                                                          44     


                                                                 
fund, the court may expend the amount of the surplus in the fund                

for alcohol and drug abuse assessment and treatment of persons     1,805        

who are charged in the court with committing a criminal offense    1,806        

or with being a delinquent child or juvenile traffic offender and  1,807        

in relation to whom both of the following apply:                   1,808        

      (a)  The court determines that substance abuse was a         1,810        

contributing factor leading to the criminal or delinquent          1,811        

activity or the juvenile traffic offense with which the person is  1,812        

charged.                                                                        

      (b)  The court determines that the person is unable to pay   1,815        

the cost of the alcohol and drug abuse assessment and treatment                 

for which the surplus money will be used.                          1,816        

      Sec. 4511.81.  (A)  When any child who is in either or both  1,825        

of the following categories is being transported in a motor        1,826        

vehicle, other than a taxicab or public safety vehicle as defined  1,827        

in section 4511.01 of the Revised Code, that is registered in      1,828        

this state and is required by the United States department of      1,830        

transportation to be equipped with seat belts at the time of       1,831        

manufacture or assembly, the operator of the motor vehicle shall   1,832        

have the child properly secured in accordance with the             1,833        

manufacturer's instructions in a child restraint system that                    

meets federal motor vehicle safety standards:                      1,834        

      (1)  A child who is less than four years of age;             1,836        

      (2)  A child who weighs less than forty pounds.              1,838        

      (B)  When any child who is in either or both of the          1,840        

following categories is being transported in a motor vehicle,      1,842        

other than a taxicab, that is registered in this state and is      1,843        

owned, leased, or otherwise under the control of a nursery                      

school, kindergarten, or day-care center, the operator of the      1,844        

motor vehicle shall have the child properly secured in accordance  1,845        

with the manufacturer's instructions in a child restraint system   1,846        

that meets federal motor vehicle safety standards:                 1,847        

      (1)  A child who is less than four years of age;             1,849        

      (2)  A child who weighs less than forty pounds.              1,851        

                                                          45     


                                                                 
      (C)  The director of public safety shall adopt such rules    1,853        

as are necessary to carry out this section.                        1,854        

      (D)  The failure of an operator of a motor vehicle to        1,856        

secure a child in a child restraint system as required by this     1,857        

section is not negligence imputable to the child, is not           1,859        

admissible as evidence in any civil action involving the rights    1,860        

of the child against any other person allegedly liable for         1,861        

injuries to the child, is not to be used as a basis for a          1,862        

criminal prosecution of the operator of the motor vehicle other    1,863        

than a prosecution for a violation of this section, and is not     1,864        

admissible as evidence in any criminal action involving the        1,865        

operator of the motor vehicle other than a prosecution for a       1,866        

violation of this section.                                                      

      (E)  This section does not apply when an emergency exists    1,868        

that threatens the life of any person operating a motor vehicle    1,869        

and to whom this section otherwise would apply or the life of any  1,870        

child who otherwise would be required to be restrained under this  1,871        

section.                                                           1,872        

      (F)  If a person who is not a resident of this state is      1,874        

charged with a violation of division (A) or (B) of this section    1,876        

and does not prove to the court, by a preponderance of the         1,877        

evidence, that his THE PERSON'S use or nonuse of a child                        

restraint system was in accordance with the law of the state of    1,879        

which he THE PERSON is a resident, the court shall impose the      1,881        

fine levied by division (H)(2) of section 4511.99 of the Revised   1,882        

Code.                                                                           

      (G)  There is hereby created in the state treasury the       1,884        

"child highway safety fund," consisting of those portions of       1,885        

every fine FINES imposed pursuant to divisions (H)(1) and (2) of   1,887        

section 4511.99 of the Revised Code for violations of divisions    1,888        

(A) and (B) of this section, that are required to be forwarded to  1,889        

the treasurer of state for deposit in the fund.  The money in the  1,890        

fund shall be used by the department of health only for the        1,892        

purpose of establishing TO DEFRAY THE COST OF VERIFYING PEDIATRIC  1,893        

                                                          46     


                                                                 
TRAUMA CENTERS UNDER SECTION 3702.161 OF THE REVISED CODE AND TO   1,894        

ESTABLISH and administering ADMINISTER a child highway safety      1,895        

program.  The purpose of the program shall be to educate the       1,897        

public about child restraint systems generally and the importance  1,898        

of their proper use.  The program also shall include a process                  

for providing child restraint systems to persons who meet the      1,899        

eligibility criteria established by the department, and a          1,900        

toll-free telephone number the public may utilize to obtain        1,901        

information about child restraint systems and their proper use.    1,902        

      The director of health, in accordance with Chapter 119. of   1,904        

the Revised Code, shall adopt any rules necessary to carry out     1,905        

this section, including rules establishing the criteria a person   1,906        

must meet in order to receive a child restraint system under the   1,907        

department's child restraint system program; PROVIDED THAT RULES   1,908        

RELATING TO THE VERIFICATION OF PEDIATRIC TRAUMA CENTERS SHALL     1,909        

NOT BE ADOPTED UNDER THIS SECTION.                                              

      Sec. 4511.99.  (A)  Whoever violates division (A)(1), (2),   1,925        

(3), or (4) of section 4511.19 of the Revised Code, in addition    1,927        

to the license suspension or revocation provided in section        1,928        

4507.16 of the Revised Code and any disqualification imposed       1,929        

under section 4506.16 of the Revised Code, shall be punished as    1,930        

provided in division (A)(1), (2), (3), or (4) of this section.     1,931        

Whoever violates division (A)(5), (6), or (7) of section 4511.19   1,934        

of the Revised Code, in addition to the license suspension or      1,936        

revocation provided in section 4507.16 of the Revised Code and     1,937        

any disqualification imposed under section 4506.16 of the Revised  1,939        

Code, shall be punished as provided in division (A)(5), (6), (7),  1,941        

or (8) of this section.                                                         

      (1)  Except as otherwise provided in division (A)(2), (3),   1,943        

or (4) of this section, the offender is guilty of a misdemeanor    1,944        

of the first degree and the court shall sentence the offender to   1,945        

a term of imprisonment of three consecutive days and may sentence  1,946        

the offender pursuant to section 2929.21 of the Revised Code to a  1,947        

longer term of imprisonment.  In addition, the court shall impose  1,948        

                                                          47     


                                                                 
upon the offender a fine of not less than two hundred fifty and    1,949        

not more than one thousand dollars.                                1,950        

      The court may suspend the execution of the mandatory three   1,952        

consecutive days of imprisonment that it is required to impose by  1,953        

this division, if the court, in lieu of the suspended term of      1,954        

imprisonment, places the offender on probation and requires the    1,955        

offender to attend, for three consecutive days, a drivers'         1,956        

intervention program that is certified pursuant to section         1,957        

3793.10 of the Revised Code.  The court also may suspend the       1,958        

execution of any part of the mandatory three consecutive days of   1,959        

imprisonment that it is required to impose by this division, if    1,960        

the court places the offender on probation for part of the three   1,961        

consecutive days; requires the offender to attend, for that part   1,962        

of the three consecutive days, a drivers' intervention program     1,963        

that is certified pursuant to section 3793.10 of the Revised       1,964        

Code; and sentences the offender to a term of imprisonment equal   1,965        

to the remainder of the three consecutive days that the offender   1,966        

does not spend attending the drivers' intervention program.  The   1,967        

court may require the offender, as a condition of probation, to    1,968        

attend and satisfactorily complete any treatment or education      1,969        

programs that comply with the minimum standards adopted pursuant   1,970        

to Chapter 3793. of the Revised Code by the director of alcohol    1,971        

and drug addiction services, in addition to the required           1,972        

attendance at a drivers' intervention program, that the operators  1,973        

of the drivers' intervention program determine that the offender   1,974        

should attend and to report periodically to the court on the       1,975        

offender's progress in the programs.  The court also may impose    1,976        

any other conditions of probation on the offender that it          1,977        

considers necessary.                                               1,978        

      Of the fine imposed pursuant to this division, twenty-five   1,980        

dollars shall be paid to an enforcement and education fund         1,981        

established by the legislative authority of the law enforcement    1,982        

agency in this state that primarily was responsible for the        1,983        

arrest of the offender, as determined by the court that imposes    1,984        

                                                          48     


                                                                 
the fine.  This share shall be used by the agency to pay only      1,985        

those costs it incurs in enforcing section 4511.19 of the Revised  1,986        

Code or a substantially similar municipal ordinance and in         1,987        

informing the public of the laws governing the operation of a      1,988        

motor vehicle while under the influence of alcohol, the dangers    1,989        

of operating a motor vehicle while under the influence of          1,990        

alcohol, and other information relating to the operation of a      1,991        

motor vehicle and the consumption of alcoholic beverages.  Fifty   1,993        

dollars of the fine imposed pursuant to this division shall be     1,994        

paid to the political subdivision that pays the cost of housing    1,995        

the offender during the offender's term of incarceration to the    1,996        

credit of the fund that pays the cost of the incarceration.  If    1,997        

the offender was confined as a result of the offense prior to      1,998        

being sentenced for the offense but is not sentenced to a term of  1,999        

incarcerationh INCARCERATION, the fifty dollars shall be paid to   2,001        

the political subdivision that paid the cost of housing the        2,002        

offender during that period of confinement.  The political         2,003        

subdivision shall use this share to pay or reimburse                            

incarceration or treatment costs it incurs in housing or           2,004        

providing drug and alcohol treatment to persons who violate        2,005        

section 4511.19 of the Revised Code or a substantially similar     2,006        

municipal ordinance and to pay for ignition interlock devices and  2,008        

electronic house arrest equipment for persons who violate that     2,009        

section.  Twenty-five dollars of the fine imposed pursuant to      2,010        

this division shall be deposited into the county indigent drivers  2,011        

alcohol treatment fund or municipal indigent drivers alcohol       2,012        

treatment fund under the control of that court, as created by the  2,013        

county or municipal corporation pursuant to division (N) of        2,014        

section 4511.191 of the Revised Code.  The balance of the fine     2,015        

shall be disbursed as otherwise provided by law.                   2,016        

      (2)(a)  Except as otherwise provided in division (A)(4) of   2,019        

this section and except as provided in this division, the                       

offender is guilty of a misdemeanor of the first degree, and,      2,021        

except as provided in this division, the court shall sentence the               

                                                          49     


                                                                 
offender to a term of imprisonment of ten consecutive days and     2,022        

may sentence the offender pursuant to section 2929.21 of the       2,023        

Revised Code to a longer term of imprisonment if, within six       2,025        

years of the offense, the offender has been convicted of or        2,027        

pleaded guilty to one violation of the following:                  2,028        

      (i)  Division (A) or (B) of section 4511.19 of the Revised   2,031        

Code;                                                                           

      (ii)  A municipal ordinance relating to operating a vehicle  2,033        

while under the influence of alcohol, a drug of abuse, or alcohol  2,034        

and a drug of abuse;                                               2,035        

      (iii)  A municipal ordinance relating to operating a         2,037        

vehicle with a prohibited concentration of alcohol in the blood,   2,038        

breath, or urine;                                                  2,039        

      (iv)  Section 2903.04 of the Revised Code in a case in       2,041        

which the offender was subject to the sanctions described in       2,042        

division (D) of that section;                                      2,043        

      (v)  Division (A)(1) of section 2903.06 or division (A)(1)   2,046        

of section 2903.08 of the Revised Code or a municipal ordinance                 

that is substantially similar to either of those divisions;        2,047        

      (vi)  Division (A)(2), (3), or (4) of section 2903.06,       2,050        

division (A)(2) of section 2903.08, or former section 2903.07 of   2,051        

the Revised Code, or a municipal ordinance that is substantially   2,052        

similar to any of those divisions or that former section, in a     2,054        

case in which the jury or judge found that the offender was under  2,055        

the influence of alcohol, a drug of abuse, or alcohol and a drug   2,056        

of abuse;                                                                       

      (vii)  A statute of the United States or of any other state  2,059        

or a municipal ordinance of a municipal corporation located in     2,060        

any other state that is substantially similar to division (A) or   2,061        

(B) of section 4511.19 of the Revised Code.                        2,062        

      As an alternative to the term of imprisonment required to    2,065        

be imposed by this division, but subject to division (A)(12) of    2,066        

this section, the court may impose upon the offender a sentence    2,067        

consisting of both a term of imprisonment of five consecutive      2,068        

                                                          50     


                                                                 
days and not less than eighteen consecutive days of                2,069        

electronically monitored house arrest as defined in division (A)   2,070        

of section 2929.23 of the Revised Code.  The five consecutive      2,071        

days of imprisonment and the period of electronically monitored    2,072        

house arrest shall not exceed six months.  The five consecutive    2,073        

days of imprisonment do not have to be served prior to or          2,074        

consecutively with the period of electronically monitored house    2,075        

arrest.                                                                         

      In addition, the court shall impose upon the offender a      2,077        

fine of not less than three hundred fifty and not more than one    2,078        

thousand five hundred dollars.                                     2,079        

      In addition to any other sentence that it imposes upon the   2,081        

offender, the court may require the offender to attend a drivers'  2,082        

intervention program that is certified pursuant to section         2,083        

3793.10 of the Revised Code.  If the officials of the drivers'     2,084        

intervention program determine that the offender is alcohol        2,085        

dependent, they shall notify the court, and the court shall order  2,086        

the offender to obtain treatment through an alcohol and drug       2,087        

addiction program authorized by section 3793.02 of the Revised     2,088        

Code.  The cost of the treatment shall be paid by the offender.    2,089        

      Of the fine imposed pursuant to this division, thirty-five   2,091        

dollars shall be paid to an enforcement and education fund         2,092        

established by the legislative authority of the law enforcement    2,093        

agency in this state that primarily was responsible for the        2,094        

arrest of the offender, as determined by the court that imposes    2,095        

the fine.  This share shall be used by the agency to pay only      2,096        

those costs it incurs in enforcing section 4511.19 of the Revised  2,098        

Code or a substantially similar municipal ordinance and in         2,099        

informing the public of the laws governing the operation of a      2,100        

motor vehicle while under the influence of alcohol, the dangers    2,101        

of operating a motor vehicle while under the influence of          2,102        

alcohol, and other information relating to the operation of a      2,103        

motor vehicle and the consumption of alcoholic beverages.  One     2,104        

hundred fifteen dollars of the fine imposed pursuant to this       2,105        

                                                          51     


                                                                 
division shall be paid to the political subdivision that pays the  2,106        

cost of housing the offender during the offender's term of         2,107        

incarceration.  This share shall be used by the political          2,108        

subdivision to pay or reimburse incarceration or treatment costs   2,109        

it incurs in housing or providing drug and alcohol treatment to    2,110        

persons who violate section 4511.19 of the Revised Code or a       2,112        

substantially similar municipal ordinance and to pay for ignition  2,113        

interlock devices and electronic house arrest equipment for        2,114        

persons who violate that section, and shall be paid to the credit  2,115        

of the fund that pays the cost of the incarceration.  Fifty        2,116        

dollars of the fine imposed pursuant to this division shall be     2,117        

deposited into the county indigent drivers alcohol treatment fund  2,118        

or municipal indigent drivers alcohol treatment fund under the     2,119        

control of that court, as created by the county or municipal                    

corporation pursuant to division (N) of section 4511.191 of the    2,120        

Revised Code.  The balance of the fine shall be disbursed as       2,121        

otherwise provided by law.                                         2,122        

      (b)  Regardless of whether the vehicle the offender was      2,124        

operating at the time of the offense is registered in the          2,125        

offender's name or in the name of another person, the court, in    2,127        

addition to the penalties imposed under division (A)(2)(a) of      2,128        

this section and all other penalties provided by law and subject   2,129        

to section 4503.235 of the Revised Code, shall order the           2,130        

immobilization for ninety days of the vehicle the offender was     2,131        

operating at the time of the offense and the impoundment for       2,132        

ninety days of the identification license plates of that vehicle.  2,133        

The order for the immobilization and impoundment shall be issued   2,134        

and enforced in accordance with section 4503.233 of the Revised    2,135        

Code.                                                                           

      (3)(a)  Except as otherwise provided in division (A)(4) of   2,138        

this section and except as provided in this division, if, within                

six years of the offense, the offender has been convicted of or    2,139        

pleaded guilty to two violations identified in division (A)(2) of  2,141        

this section, the court shall sentence the offender to a term of   2,142        

                                                          52     


                                                                 
imprisonment of thirty consecutive days and may sentence the       2,143        

offender to a longer definite term of imprisonment of not more     2,144        

than one year.  As an alternative to the term of imprisonment      2,145        

required to be imposed by this division, but subject to division   2,146        

(A)(12) of this section, the court may impose upon the offender a  2,147        

sentence consisting of both a term of imprisonment of fifteen      2,148        

consecutive days and not less than fifty-five consecutive days of  2,149        

electronically monitored house arrest as defined in division (A)   2,150        

of section 2929.23 of the Revised Code.  The fifteen consecutive   2,151        

days of imprisonment and the period of electronically monitored    2,152        

house arrest shall not exceed one year.  The fifteen consecutive   2,153        

days of imprisonment do not have to be served prior to or          2,154        

consecutively with the period of electronically monitored house    2,155        

arrest.                                                                         

      In addition, the court shall impose upon the offender a      2,157        

fine of not less than five hundred fifty and not more than two     2,158        

thousand five hundred dollars.                                     2,159        

      In addition to any other sentence that it imposes upon the   2,161        

offender, the court shall require the offender to attend an        2,162        

alcohol and drug addiction program authorized by section 3793.02   2,163        

of the Revised Code.  The cost of the treatment shall be paid by   2,164        

the offender.  If the court determines that the offender is        2,165        

unable to pay the cost of attendance at the treatment program,     2,167        

the court may order that payment of the cost of the offender's     2,168        

attendance at the treatment program be made from that court's      2,169        

indigent drivers alcohol treatment fund.                                        

      Of the fine imposed pursuant to this division, one hundred   2,171        

twenty-three dollars shall be paid to an enforcement and           2,172        

education fund established by the legislative authority of the     2,173        

law enforcement agency in this state that primarily was            2,174        

responsible for the arrest of the offender, as determined by the   2,175        

court that imposes the fine.  This share shall be used by the      2,176        

agency to pay only those costs it incurs in enforcing section      2,177        

4511.19 of the Revised Code or a substantially similar municipal   2,178        

                                                          53     


                                                                 
ordinance and in informing the public of the laws governing the    2,179        

operation of a motor vehicle while under the influence of          2,180        

alcohol, the dangers of operating a motor vehicle while under the  2,181        

influence of alcohol, and other information relating to the        2,182        

operation of a motor vehicle and the consumption of alcoholic      2,183        

beverages.  Two hundred seventy-seven dollars of the fine imposed  2,184        

pursuant to this division shall be paid to the political           2,185        

subdivision that pays the cost of housing the offender during the  2,186        

offender's term of incarceration.  This share shall be used by     2,188        

the political subdivision to pay or reimburse incarceration or     2,189        

treatment costs it incurs in housing or providing drug and         2,190        

alcohol treatment to persons who violate section 4511.19 of the    2,192        

Revised Code or a substantially similar municipal ordinance and    2,193        

to pay for ignition interlock devices and electronic house arrest  2,194        

equipment for persons who violate that section and shall be paid   2,195        

to the credit of the fund that pays the cost of incarceration.     2,196        

The balance of the fine shall be disbursed as otherwise provided   2,197        

by law.                                                                         

      (b)  Regardless of whether the vehicle the offender was      2,199        

operating at the time of the offense is registered in the          2,200        

offender's name or in the name of another person, the court, in    2,202        

addition to the penalties imposed under division (A)(3)(a) of      2,203        

this section and all other penalties provided by law and subject   2,204        

to section 4503.235 of the Revised Code, shall order the criminal  2,205        

forfeiture to the state of the vehicle the offender was operating  2,206        

at the time of the offense.  The order of criminal forfeiture      2,207        

shall be issued and enforced in accordance with section 4503.234   2,208        

of the Revised Code.                                               2,209        

      (4)(a)(i)  If, within six years of the offense, the          2,211        

offender has been convicted of or pleaded guilty to three or more  2,212        

violations identified in division (A)(2) of this section, and if   2,213        

sentence is not required to be imposed under division              2,214        

(A)(4)(a)(ii) of this section, the offender is guilty of a felony  2,215        

of the fourth degree and, notwithstanding division (A)(4) of       2,216        

                                                          54     


                                                                 
section 2929.14 of the Revised Code, may be sentenced to a         2,217        

definite prison term that shall be not less than six months and    2,218        

not more than thirty months.  The court shall sentence the         2,219        

offender in accordance with sections 2929.11 to 2929.19 of the     2,220        

Revised Code and shall impose as part of the sentence either a     2,221        

mandatory term of local incarceration of sixty consecutive days    2,223        

of imprisonment in accordance with division (G)(1) of section      2,224        

2929.13 of the Revised Code or a mandatory prison term of sixty    2,225        

consecutive days of imprisonment in accordance with division                    

(G)(2) of that section.  If the court requires the offender to     2,226        

serve a mandatory term of local incarceration of sixty             2,227        

consecutive days of imprisonment in accordance with division       2,228        

(G)(1) of section 2929.13 of the Revised Code, the court,          2,229        

pursuant to section 2929.17 of the Revised Code, may impose upon   2,230        

the offender a sentence that includes a term of electronically     2,231        

monitored house arrest, provided that the term of electronically   2,232        

monitored house arrest shall not commence until after the          2,233        

offender has served the mandatory term of local incarceration.     2,234        

      (ii)  If the offender previously has been convicted of or    2,236        

pleaded guilty to a violation of division (A) of section 4511.19   2,237        

of the Revised Code under circumstances in which the violation     2,239        

was a felony, regardless of when the prior violation and the       2,240        

prior conviction or guilty plea occurred, the offender is guilty   2,241        

of a felony of the third degree.  The court shall sentence the     2,242        

offender in accordance with sections 2929.11 to 2929.19 of the     2,243        

Revised Code and shall impose as part of the sentence a mandatory  2,244        

prison term of sixty consecutive days of imprisonment in           2,245        

accordance with division (G)(2) of section 2929.13 of the Revised  2,246        

Code.                                                              2,247        

      (iii)  In addition to all other sanctions imposed on an      2,249        

offender under division (A)(4)(a)(i) or (ii) of this section, the  2,251        

court shall impose upon the offender, pursuant to section 2929.18  2,252        

of the Revised Code, a fine of not less than eight hundred nor     2,253        

more than ten thousand dollars.                                    2,254        

                                                          55     


                                                                 
      In addition to any other sanction that it imposes upon the   2,257        

offender under division (A)(4)(a)(i) or (ii) of this section, the               

court shall require the offender to attend an alcohol and drug     2,259        

addiction program authorized by section 3793.02 of the Revised     2,260        

Code.  The cost of the treatment shall be paid by the offender.    2,261        

If the court determines that the offender is unable to pay the     2,262        

cost of attendance at the treatment program, the court may order   2,263        

that payment of the cost of the offender's attendance at the       2,264        

treatment program be made from the court's indigent drivers        2,265        

alcohol treatment fund.                                                         

      Of the fine imposed pursuant to this division, two hundred   2,267        

ten dollars shall be paid to an enforcement and education fund     2,268        

established by the legislative authority of the law enforcement    2,269        

agency in this state that primarily was responsible for the        2,270        

arrest of the offender, as determined by the court that imposes    2,271        

the fine.  This share shall be used by the agency to pay only      2,272        

those costs it incurs in enforcing section 4511.19 of the Revised  2,273        

Code or a substantially similar municipal ordinance and in         2,274        

informing the public of the laws governing operation of a motor    2,275        

vehicle while under the influence of alcohol, the dangers of       2,276        

operation of a motor vehicle while under the influence of          2,277        

alcohol, and other information relating to the operation of a      2,278        

motor vehicle and the consumption of alcoholic beverages.  Four    2,279        

hundred forty dollars of the fine imposed pursuant to this         2,280        

division shall be paid to the political subdivision that pays the  2,281        

cost of housing the offender during the offender's term of         2,282        

incarceration.  This share shall be used by the political          2,284        

subdivision to pay or reimburse incarceration or treatment costs   2,285        

it incurs in housing or providing drug and alcohol treatment to    2,286        

persons who violate section 4511.19 of the Revised Code or a       2,287        

substantially similar municipal ordinance and to pay for ignition  2,288        

interlock devices and electronic house arrest equipment for        2,289        

persons who violate that section, and shall be paid to the credit  2,290        

of the fund that pays the cost of incarceration.  The balance of   2,291        

                                                          56     


                                                                 
the fine shall be disbursed as otherwise provided by law.          2,292        

      (b)  Regardless of whether the vehicle the offender was      2,294        

operating at the time of the offense is registered in the          2,295        

offender's name or in the name of another person, the court, in    2,297        

addition to the sanctions imposed under division (A)(4)(a) of      2,298        

this section and all other sanctions provided by law and subject   2,300        

to section 4503.235 of the Revised Code, shall order the criminal  2,302        

forfeiture to the state of the vehicle the offender was operating  2,303        

at the time of the offense.  The order of criminal forfeiture      2,304        

shall be issued and enforced in accordance with section 4503.234   2,305        

of the Revised Code.                                               2,306        

      (c)  As used in division (A)(4)(a) of this section,          2,309        

"mandatory prison term" and "mandatory term of local                            

incarceration" have the same meanings as in section 2929.01 of     2,311        

the Revised Code.                                                               

      If title to a motor vehicle that is subject to an order for  2,313        

criminal forfeiture under this section is assigned or transferred  2,314        

and division (C)(2) or (3) of section 4503.234 of the Revised      2,315        

Code applies, in addition to or independent of any other penalty   2,316        

established by law, the court may fine the offender the value of   2,317        

the vehicle as determined by publications of the national auto     2,318        

dealer's association.  The proceeds from any fine imposed under                 

this division shall be distributed in accordance with division     2,319        

(D)(4) of section 4503.234 of the Revised Code.                    2,320        

      (5)(a)  Except as otherwise provided in division (A)(6),     2,322        

(7), or (8) of this section, the offender is guilty of a           2,324        

misdemeanor of the first degree, and the court shall sentence the  2,325        

offender to one of the following:                                               

      (i)  A term of imprisonment of at least three consecutive    2,328        

days and a requirement that the offender attend, for three         2,330        

consecutive days, a drivers' intervention program that is          2,331        

certified pursuant to section 3793.10 of the Revised Code;         2,332        

      (ii)  If the court determines that the offender is not       2,334        

conducive to treatment in the program, if the offender refuses to  2,336        

                                                          57     


                                                                 
attend the program, or if the place of imprisonment can provide a  2,337        

drivers' intervention program, a term of imprisonment of at least  2,338        

six consecutive days.                                                           

      (b)  In addition, the court shall impose upon the offender   2,340        

a fine of not less than two hundred fifty and not more than one    2,342        

thousand dollars.                                                               

      The court may require the offender, as a condition of        2,344        

probation, to attend and satisfactorily complete any treatment or  2,345        

education programs that comply with the minimum standards adopted  2,346        

pursuant to Chapter 3793. of the Revised Code by the director of   2,348        

alcohol and drug addiction services, in addition to the required   2,349        

attendance at a drivers' intervention program, that the operators  2,350        

of the drivers' intervention program determine that the offender   2,351        

should attend and to report periodically to the court on the       2,352        

offender's progress in the programs.  The court also may impose    2,353        

any other conditions of probation on the offender that it          2,354        

considers necessary.                                               2,355        

      Of the fine imposed pursuant to this division, twenty-five   2,357        

dollars shall be paid to an enforcement and education fund         2,358        

established by the legislative authority of the law enforcement    2,359        

agency in this state that primarily was responsible for the        2,360        

arrest of the offender, as determined by the court that imposes    2,361        

the fine.  The agency shall use this share to pay only those       2,363        

costs it incurs in enforcing section 4511.19 of the Revised Code   2,364        

or a substantially similar municipal ordinance and in informing    2,365        

the public of the laws governing the operation of a motor vehicle  2,366        

while under the influence of alcohol, the dangers of operating a   2,367        

motor vehicle while under the influence of alcohol, and other      2,368        

information relating to the operation of a motor vehicle and the   2,369        

consumption of alcoholic beverages.  Fifty dollars of the fine     2,370        

imposed pursuant to this division shall be paid to the political   2,371        

subdivision that pays the cost of housing the offender during the  2,372        

offender's term of incarceration to the credit of the fund that    2,373        

pays the cost of the incarceration.  The political subdivision     2,374        

                                                          58     


                                                                 
shall use this share to pay or reimburse incarceration or          2,375        

treatment costs it incurs in housing or providing drug and         2,376        

alcohol treatment to persons who violate section 4511.19 of the    2,377        

Revised Code or a substantially similar municipal ordinance and    2,378        

to pay for ignition interlock devices and electronic house arrest  2,379        

equipment for persons who violate that section.  Twenty-five       2,381        

dollars of the fine imposed pursuant to this division shall be     2,382        

deposited into the county indigent drivers alcohol treatment fund  2,383        

or municipal indigent drivers alcohol treatment fund under the     2,384        

control of that court, as created by the county or municipal       2,385        

corporation pursuant to division (N) of section 4511.191 of the    2,386        

Revised Code.  The balance of the fine shall be disbursed as       2,387        

otherwise provided by law.                                                      

      (6)(a)  Except as otherwise provided in division (A)(8) of   2,390        

this section and except as provided in this division, if, within                

six years of the offense, the offender has been convicted of or    2,391        

pleaded guilty to one violation of division (A) or (B) of section  2,393        

4511.19 of the Revised Code, a municipal ordinance relating to     2,395        

operating a vehicle while under the influence of alcohol, a drug   2,396        

of abuse, or alcohol and a drug of abuse, a municipal ordinance    2,397        

relating to operating a vehicle with a prohibited concentration    2,398        

of alcohol in the blood, breath, or urine, section 2903.04 of the  2,399        

Revised Code in a case in which the offender was subject to the    2,401        

sanctions described in division (D) of that section, section       2,402        

2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal    2,403        

ordinance that is substantially similar to section 2903.07 of the  2,405        

Revised Code in a case in which the jury or judge found that the   2,407        

offender was under the influence of alcohol, a drug of abuse, or   2,408        

alcohol and a drug of abuse, or a statute of the United States or  2,409        

of any other state or a municipal ordinance of a municipal         2,410        

corporation located in any other state that is substantially       2,411        

similar to division (A) or (B) of section 4511.19 of the Revised   2,413        

Code, the offender is guilty of a misdemeanor of the first         2,414        

degree, and the court shall sentence the offender to a term of     2,415        

                                                          59     


                                                                 
imprisonment of twenty consecutive days and may sentence the       2,416        

offender pursuant to section 2929.21 of the Revised Code to a      2,417        

longer term of imprisonment.  As an alternative to the term of     2,419        

imprisonment required to be imposed by this division, but subject  2,420        

to division (A)(12) of this section, the court may impose upon     2,421        

the offender a sentence consisting of both a term of imprisonment  2,422        

of ten consecutive days and not less than thirty-six consecutive   2,423        

days of electronically monitored house arrest as defined in        2,424        

division (A) of section 2929.23 of the Revised Code.  The ten      2,425        

consecutive days of imprisonment and the period of electronically  2,427        

monitored house arrest shall not exceed six months.  The ten       2,428        

consecutive days of imprisonment do not have to be served prior    2,429        

to or consecutively with the period of electronically monitored    2,430        

house arrest.                                                                   

      In addition, the court shall impose upon the offender a      2,432        

fine of not less than three hundred fifty and not more than one    2,433        

thousand five hundred dollars.                                     2,434        

      In addition to any other sentence that it imposes upon the   2,436        

offender, the court may require the offender to attend a drivers'  2,437        

intervention program that is certified pursuant to section         2,438        

3793.10 of the Revised Code.  If the officials of the drivers'     2,440        

intervention program determine that the offender is alcohol        2,441        

dependent, they shall notify the court, and the court shall order  2,442        

the offender to obtain treatment through an alcohol and drug       2,443        

addiction program authorized by section 3793.02 of the Revised     2,444        

Code.  The offender shall pay the cost of the treatment.           2,445        

      Of the fine imposed pursuant to this division, thirty-five   2,447        

dollars shall be paid to an enforcement and education fund         2,448        

established by the legislative authority of the law enforcement    2,449        

agency in this state that primarily was responsible for the        2,450        

arrest of the offender, as determined by the court that imposes    2,451        

the fine.  The agency shall use this share to pay only those       2,453        

costs it incurs in enforcing section 4511.19 of the Revised Code   2,454        

or a substantially similar municipal ordinance and in informing    2,456        

                                                          60     


                                                                 
the public of the laws governing the operation of a motor vehicle  2,457        

while under the influence of alcohol, the dangers of operating a   2,458        

motor vehicle while under the influence of alcohol, and other      2,459        

information relating to the operation of a motor vehicle and the   2,460        

consumption of alcoholic beverages.  One hundred fifteen dollars   2,461        

of the fine imposed pursuant to this division shall be paid to     2,462        

the political subdivision that pays the cost of housing the        2,463        

offender during the offender's term of incarceration.  The         2,465        

political subdivision shall use this share to pay or reimburse     2,466        

incarceration or treatment costs it incurs in housing or           2,467        

providing drug and alcohol treatment to persons who violate                     

section 4511.19 of the Revised Code or a substantially similar     2,470        

municipal ordinance and to pay for ignition interlock devices and  2,471        

electronic house arrest equipment for persons who violate that     2,472        

section, and this share shall be paid to the credit of the fund    2,473        

that pays the cost of the incarceration.  Fifty dollars of the     2,474        

fine imposed pursuant to this division shall be deposited into     2,475        

the county indigent drivers alcohol treatment fund or municipal    2,476        

indigent drivers alcohol treatment fund under the control of that  2,477        

court, as created by the county or municipal corporation pursuant  2,478        

to division (N) of section 4511.191 of the Revised Code.  The      2,479        

balance of the fine shall be disbursed as otherwise provided by    2,480        

law.                                                                            

      (b)  Regardless of whether the vehicle the offender was      2,482        

operating at the time of the offense is registered in the          2,483        

offender's name or in the name of another person, the court, in    2,485        

addition to the penalties imposed under division (A)(6)(a) of      2,486        

this section and all other penalties provided by law and subject   2,488        

to section 4503.235 of the Revised Code, shall order the           2,489        

immobilization for ninety days of the vehicle the offender was     2,491        

operating at the time of the offense and the impoundment for       2,492        

ninety days of the identification license plates of that vehicle.  2,493        

The order for the immobilization and impoundment shall be issued   2,494        

and enforced in accordance with section 4503.233 of the Revised    2,495        

                                                          61     


                                                                 
Code.                                                                           

      (7)(a)  Except as otherwise provided in division (A)(8) of   2,498        

this section and except as provided in this division, if, within                

six years of the offense, the offender has been convicted of or    2,501        

pleaded guilty to two violations of division (A) or (B) of         2,502        

section 4511.19 of the Revised Code, a municipal ordinance         2,504        

relating to operating a vehicle while under the influence of       2,505        

alcohol, a drug of abuse, or alcohol and a drug of abuse, a        2,506        

municipal ordinance relating to operating a vehicle with a         2,507        

prohibited concentration of alcohol in the blood, breath, or       2,508        

urine, section 2903.04 of the Revised Code in a case in which the  2,510        

offender was subject to the sanctions described in division (D)    2,511        

of that section, section 2903.06, 2903.07, or 2903.08 of the       2,512        

Revised Code or a municipal ordinance that is substantially        2,513        

similar to section 2903.07 of the Revised Code in a case in which  2,515        

the jury or judge found that the offender was under the influence  2,516        

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  2,518        

statute of the United States or of any other state or a municipal  2,519        

ordinance of a municipal corporation located in any other state    2,520        

that is substantially similar to division (A) or (B) of section    2,521        

4511.19 of the Revised Code, the court shall sentence the          2,523        

offender to a term of imprisonment of sixty consecutive days and                

may sentence the offender to a longer definite term of             2,524        

imprisonment of not more than one year.  As an alternative to the  2,525        

term of imprisonment required to be imposed by this division, but  2,526        

subject to division (A)(12) of this section, the court may impose  2,527        

upon the offender a sentence consisting of both a term of          2,528        

imprisonment of thirty consecutive days and not less than one      2,530        

hundred ten consecutive days of electronically monitored house                  

arrest as defined in division (A) of section 2929.23 of the        2,531        

Revised Code.  The thirty consecutive days of imprisonment and     2,533        

the period of electronically monitored house arrest shall not      2,534        

exceed one year.  The thirty consecutive days of imprisonment do   2,535        

not have to be served prior to or consecutively with the period    2,536        

                                                          62     


                                                                 
of electronically monitored house arrest.                          2,537        

      In addition, the court shall impose upon the offender a      2,539        

fine of not less than five hundred fifty and not more than two     2,540        

thousand five hundred dollars.                                     2,541        

      In addition to any other sentence that it imposes upon the   2,543        

offender, the court shall require the offender to attend an        2,544        

alcohol and drug addiction program authorized by section 3793.02   2,545        

of the Revised Code.  The offender shall pay the cost of the       2,546        

treatment.  If the court determines that the offender is unable    2,548        

to pay the cost of attendance at the treatment program, the court  2,549        

may order that payment of the cost of the offender's attendance    2,550        

at the treatment program be made from that court's indigent        2,551        

drivers alcohol treatment fund.                                                 

      Of the fine imposed pursuant to this division, one hundred   2,553        

twenty-three dollars shall be paid to an enforcement and           2,554        

education fund established by the legislative authority of the     2,555        

law enforcement agency in this state that primarily was            2,556        

responsible for the arrest of the offender, as determined by the   2,557        

court that imposes the fine.  The agency shall use this share to   2,559        

pay only those costs it incurs in enforcing section 4511.19 of     2,560        

the Revised Code or a substantially similar municipal ordinance    2,562        

and in informing the public of the laws governing the operation    2,563        

of a motor vehicle while under the influence of alcohol, the       2,564        

dangers of operating a motor vehicle while under the influence of  2,565        

alcohol, and other information relating to the operation of a      2,566        

motor vehicle and the consumption of alcoholic beverages.  Two     2,567        

hundred seventy-seven dollars of the fine imposed pursuant to      2,568        

this division shall be paid to the political subdivision that      2,569        

pays the cost of housing the offender during the offender's term   2,570        

of incarceration.  The political subdivision shall use this share  2,571        

to pay or reimburse incarceration or treatment costs it incurs in  2,572        

housing or providing drug and alcohol treatment to persons who     2,573        

violate section 4511.19 of the Revised Code or a substantially     2,575        

similar municipal ordinance and to pay for ignition interlock      2,576        

                                                          63     


                                                                 
devices and electronic house arrest equipment for persons who      2,577        

violate that section, and this share shall be paid to the credit   2,578        

of the fund that pays the cost of incarceration.  The balance of   2,579        

the fine shall be disbursed as otherwise provided by law.          2,580        

      (b)  Regardless of whether the vehicle the offender was      2,582        

operating at the time of the offense is registered in the          2,583        

offender's name or in the name of another person, the court, in    2,585        

addition to the penalties imposed under division (A)(7)(a) of      2,586        

this section and all other penalties provided by law and subject   2,588        

to section 4503.235 of the Revised Code, shall order the           2,589        

immobilization for one hundred eighty days of the vehicle the      2,591        

offender was operating at the time of the offense and the          2,592        

impoundment for one hundred eighty days of the identification      2,593        

license plates of that vehicle.  The order for the immobilization  2,594        

and impoundment shall be issued and enforced in accordance with    2,595        

section 4503.233 of the Revised Code.                              2,596        

      (8)(a)(i)  If, within six years of the offense, the          2,598        

offender has been convicted of or pleaded guilty to three or more  2,600        

violations of division (A) or (B) of section 4511.19 of the        2,601        

Revised Code, a municipal ordinance relating to operating a        2,602        

vehicle while under the influence of alcohol, a drug of abuse, or  2,603        

alcohol and a drug of abuse, a municipal ordinance relating to     2,604        

operating a vehicle with a prohibited concentration of alcohol in  2,605        

the blood, breath, or urine, section 2903.04 of the Revised Code   2,607        

in a case in which the offender was subject to the sanctions       2,608        

described in division (D) of that section, section 2903.06,        2,609        

2903.07, or 2903.08 of the Revised Code or a municipal ordinance   2,611        

that is substantially similar to section 2903.07 of the Revised    2,612        

Code in a case in which the jury or judge found that the offender  2,613        

was under the influence of alcohol, a drug of abuse, or alcohol    2,614        

and a drug of abuse, or a statute of the United States or of any   2,616        

other state or a municipal ordinance of a municipal corporation                 

located in any other state that is substantially similar to        2,617        

division (A) or (B) of section 4511.19 of the Revised Code, and    2,620        

                                                          64     


                                                                 
if sentence is not required to be imposed under division           2,621        

(A)(8)(a)(ii) of this section, the offender is guilty of a felony  2,622        

of the fourth degree and, notwithstanding division (A)(4) of       2,625        

section 2929.14 of the Revised Code, may be sentenced to a         2,627        

definite prison term that shall be not less than six months and    2,628        

not more than thirty months.  The court shall sentence the         2,629        

offender in accordance with sections 2929.11 to 2929.19 of the     2,630        

Revised Code and shall impose as part of the sentence either a     2,632        

mandatory term of local incarceration of one hundred twenty        2,634        

consecutive days of imprisonment in accordance with division       2,635        

(G)(1) of section 2929.13 of the Revised Code or a mandatory       2,637        

prison term of one hundred twenty consecutive days of              2,638        

imprisonment in accordance with division (G)(2) of that section.   2,639        

If the court requires the offender to serve a mandatory term of    2,640        

local incarceration of one hundred twenty consecutive days of      2,641        

imprisonment in accordance with division (G)(1) of section         2,642        

2929.13 of the Revised Code, the court, pursuant to section        2,646        

2929.17 of the Revised Code, may impose upon the offender a        2,649        

sentence that includes a term of electronically monitored house                 

arrest, provided that the term of electronically monitored house   2,650        

arrest shall not commence until after the offender has served the  2,651        

mandatory term of local incarceration.                             2,652        

      (ii)  If the offender previously has been convicted of or    2,654        

pleaded guilty to a violation of division (A) of section 4511.19   2,655        

of the Revised Code under circumstances in which the violation     2,657        

was a felony, regardless of when the prior violation and the       2,658        

prior conviction or guilty plea occurred, the offender is guilty   2,659        

of a felony of the third degree.  The court shall sentence the     2,661        

offender in accordance with sections 2929.11 to 2929.19 of the     2,662        

Revised Code and shall impose as part of the sentence a mandatory  2,663        

prison term of one hundred twenty consecutive days of              2,664        

imprisonment in accordance with division (G)(2) of section         2,665        

2929.13 of the Revised Code.                                                    

      (iii)  In addition to all other sanctions imposed on an      2,667        

                                                          65     


                                                                 
offender under division (A)(8)(a)(i) or (ii) of this section, the  2,669        

court shall impose upon the offender, pursuant to section 2929.18  2,670        

of the Revised Code, a fine of not less than eight hundred nor     2,672        

more than ten thousand dollars.                                    2,673        

      In addition to any other sanction that it imposes upon the   2,676        

offender under division (A)(8)(a)(i) or (ii) of this section, the  2,677        

court shall require the offender to attend an alcohol and drug     2,680        

addiction program authorized by section 3793.02 of the Revised     2,681        

Code.  The cost of the treatment shall be paid by the offender.    2,683        

If the court determines that the offender is unable to pay the     2,684        

cost of attendance at the treatment program, the court may order   2,685        

that payment of the cost of the offender's attendance at the       2,686        

treatment program be made from the court's indigent drivers        2,687        

alcohol treatment fund.                                                         

      Of the fine imposed pursuant to this division, two hundred   2,689        

ten dollars shall be paid to an enforcement and education fund     2,690        

established by the legislative authority of the law enforcement    2,691        

agency in this state that primarily was responsible for the        2,692        

arrest of the offender, as determined by the court that imposes    2,693        

the fine.  The agency shall use this share to pay only those       2,695        

costs it incurs in enforcing section 4511.19 of the Revised Code   2,696        

or a substantially similar municipal ordinance and in informing    2,697        

the public of the laws governing operation of a motor vehicle      2,698        

while under the influence of alcohol, the dangers of operation of  2,699        

a motor vehicle while under the influence of alcohol, and other    2,700        

information relating to the operation of a motor vehicle and the   2,701        

consumption of alcoholic beverages.  Four hundred forty dollars    2,702        

of the fine imposed pursuant to this division shall be paid to     2,703        

the political subdivision that pays the cost of housing the        2,704        

offender during the offender's term of incarceration.  The         2,705        

political subdivision shall use this share to pay or reimburse     2,707        

incarceration or treatment costs it incurs in housing or                        

providing drug and alcohol treatment to persons who violate        2,709        

section 4511.19 of the Revised Code or a substantially similar     2,710        

                                                          66     


                                                                 
municipal ordinance and to pay for ignition interlock devices and  2,711        

electronic house arrest equipment for persons who violate that     2,712        

section, and this share shall be paid to the credit of the fund    2,713        

that pays the cost of incarceration.  The balance of the fine      2,714        

shall be disbursed as otherwise provided by law.                                

      (b)  Regardless of whether the vehicle the offender was      2,716        

operating at the time of the offense is registered in the          2,717        

offender's name or in the name of another person, the court, in    2,719        

addition to the sanctions imposed under division (A)(8)(a) of      2,720        

this section and all other sanctions provided by law and subject   2,722        

to section 4503.235 of the Revised Code, shall order the criminal  2,724        

forfeiture to the state of the vehicle the offender was operating  2,726        

at the time of the offense.  The order of criminal forfeiture      2,727        

shall be issued and enforced in accordance with section 4503.234   2,728        

of the Revised Code.                                               2,729        

      (c)  As used in division (A)(8)(a) of this section,          2,732        

"mandatory prison term" and "mandatory term of local                            

incarceration" have the same meanings as in section 2929.01 of     2,734        

the Revised Code.                                                               

      (d)  If title to a motor vehicle that is subject to an       2,736        

order for criminal forfeiture under this section is assigned or    2,738        

transferred and division (C)(2) or (3) of section 4503.234 of the  2,740        

Revised Code applies, in addition to or independent of any other   2,742        

penalty established by law, the court may fine the offender the    2,743        

value of the vehicle as determined by publications of the                       

national auto dealer's association.  The proceeds from any fine    2,744        

imposed under this division shall be distributed in accordance     2,745        

with division (D)(4) of section 4503.234 of the Revised Code.      2,746        

      (9)(a)  Except as provided in division (A)(9)(b) of this     2,748        

section, upon a showing that imprisonment would seriously affect   2,749        

the ability of an offender sentenced pursuant to division (A)(1),  2,750        

(2), (3), (4), (5), (6), (7), or (8) of this section to continue   2,751        

the offender's employment, the court may authorize that the        2,754        

offender be granted work release from imprisonment after the       2,755        

                                                          67     


                                                                 
offender has served the three, six, ten, twenty, thirty, or sixty  2,756        

consecutive days of imprisonment or the mandatory term of local    2,757        

incarceration of sixty or one hundred twenty consecutive days      2,758        

that the court is required by division (A)(1), (2), (3), (4),      2,760        

(5), (6), (7), or (8) of this section to impose.  No court shall   2,761        

authorize work release from imprisonment during the three, six,    2,762        

ten, twenty, thirty, or sixty consecutive days of imprisonment or  2,763        

the mandatory term of local incarceration or mandatory prison      2,764        

term of sixty or one hundred twenty consecutive days that the      2,765        

court is required by division (A)(1), (2), (3), (4), (5), (6),     2,766        

(7), or (8) of this section to impose.  The duration of the work   2,768        

release shall not exceed the time necessary each day for the       2,769        

offender to commute to and from the place of employment and the    2,770        

place of imprisonment and the time actually spent under                         

employment.                                                        2,771        

      (b)  An offender who is sentenced pursuant to division       2,773        

(A)(2), (3), (6), or (7) of this section to a term of              2,774        

imprisonment followed by a period of electronically monitored      2,775        

house arrest is not eligible for work release from imprisonment,   2,776        

but that person shall be permitted work release during the period  2,777        

of electronically monitored house arrest.  The duration of the     2,778        

work release shall not exceed the time necessary each day for the  2,779        

offender to commute to and from the place of employment and the    2,780        

offender's home or other place specified by the sentencing court   2,781        

and the time actually spent under employment.                      2,782        

      (10)  Notwithstanding any section of the Revised Code that   2,784        

authorizes the suspension of the imposition or execution of a      2,785        

sentence, the placement of an offender in any treatment program    2,787        

in lieu of imprisonment, or the use of a community control         2,788        

sanction for an offender convicted of a felony, no court shall     2,789        

suspend the ten, twenty, thirty, or sixty consecutive days of      2,791        

imprisonment required to be imposed on an offender by division     2,792        

(A)(2), (3), (6), or (7) of this section, no court shall place an  2,793        

offender who is sentenced pursuant to division (A)(2), (3), (4),   2,795        

                                                          68     


                                                                 
(6), (7), or (8) of this section in any treatment program in lieu  2,796        

of imprisonment until after the offender has served the ten,       2,797        

twenty, thirty, or sixty consecutive days of imprisonment or the   2,799        

mandatory term of local incarceration or mandatory prison term of  2,801        

sixty or one hundred twenty consecutive days required to be                     

imposed pursuant to division (A)(2), (3), (4), (6), (7), or (8)    2,803        

of this section, no court that sentences an offender under         2,804        

division (A)(4) or (8) of this section shall impose any sanction   2,806        

other than a mandatory term of local incarceration or mandatory    2,807        

prison term to apply to the offender until after the offender has  2,808        

served the mandatory term of local incarceration or mandatory      2,809        

prison term of sixty or one hundred twenty consecutive days        2,810        

required to be imposed pursuant to division (A)(4) or (8) of this  2,812        

section, and no court that imposes a sentence of imprisonment and  2,813        

a period of electronically monitored house arrest upon an          2,814        

offender under division (A)(2), (3), (6), or (7) of this section   2,816        

shall suspend any portion of the sentence or place the offender    2,817        

in any treatment program in lieu of imprisonment or                2,818        

electronically monitored house arrest.  Notwithstanding any        2,819        

section of the Revised Code that authorizes the suspension of the  2,820        

imposition or execution of a sentence or the placement of an       2,821        

offender in any treatment program in lieu of imprisonment, no      2,822        

court, except as specifically authorized by division (A)(1) or     2,823        

(5) of this section, shall suspend the three or more consecutive   2,824        

days of imprisonment required to be imposed by division (A)(1) or  2,826        

(5) of this section or place an offender who is sentenced          2,828        

pursuant to division (A)(1) or (5) of this section in any          2,829        

treatment program in lieu of imprisonment until after the                       

offender has served the three or more consecutive days of          2,830        

imprisonment required to be imposed pursuant to division (A)(1)    2,831        

or (5) of this section.                                            2,832        

      (11)  No court shall sentence an offender to an alcohol      2,834        

treatment program pursuant to division (A)(1), (2), (3), (4),      2,835        

(5), (6), (7), or (8) of this section unless the treatment         2,837        

                                                          69     


                                                                 
program complies with the minimum standards adopted pursuant to    2,838        

Chapter 3793. of the Revised Code by the director of alcohol and   2,839        

drug addiction services.                                           2,840        

      (12)  No court shall impose the alternative sentence of a    2,842        

term of imprisonment plus a term of electronically monitored       2,843        

house arrest permitted to be imposed by division (A)(2), (3),      2,844        

(6), or (7) of this section, unless within sixty days of the date  2,846        

of sentencing, the court issues a written finding, entered into    2,847        

the record, that due to the unavailability of space at the         2,848        

incarceration facility where the offender is required to serve     2,849        

the term of imprisonment imposed upon the offender, the offender   2,850        

will not be able to commence serving the term of imprisonment      2,852        

within the sixty-day period following the date of sentencing.  If  2,853        

the court issues such a written finding, the court may impose the  2,854        

alternative sentence comprised of a term of imprisonment and a     2,856        

term of electronically monitored house arrest permitted to be      2,857        

imposed by division (A)(2), (3), (6), or (7) of this section.      2,858        

      (B)  Whoever violates section 4511.192, 4511.251, or         2,860        

4511.85 of the Revised Code is guilty of a misdemeanor of the      2,861        

first degree.  The court, in addition to or independent of all     2,862        

other penalties provided by law, may suspend for a period not to   2,863        

exceed one year the driver's or commercial driver's license or     2,864        

permit or nonresident operating privilege of any person who        2,865        

pleads guilty to or is convicted of a violation of section         2,866        

4511.192 of the Revised Code.                                      2,867        

      (C)  Whoever violates section 4511.63, 4511.76, 4511.761,    2,869        

4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is     2,870        

guilty of one of the following:                                    2,871        

      (1)  Except as otherwise provided in division (C)(2) of      2,873        

this section, a minor misdemeanor.                                 2,874        

      (2)  If the offender previously has been convicted of or     2,877        

pleaded guilty to one or more violations of section 4511.63,       2,878        

4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the  2,879        

Revised Code or a municipal ordinance that is substantially        2,880        

                                                          70     


                                                                 
similar to any of those sections, a misdemeanor of the fourth      2,883        

degree.                                                                         

      (D)(1)  Whoever violates any provision of sections 4511.01   2,885        

to 4511.76 or section 4511.84 of the Revised Code, for which no    2,886        

penalty otherwise is provided in this section is guilty of one of  2,887        

the following:                                                     2,888        

      (a)  Except as otherwise provided in division (D)(1)(b),     2,891        

(1)(c), (2), (3), or (4) of this section, a minor misdemeanor;     2,892        

      (b)  If, within one year of the offense, the offender        2,894        

previously has been convicted of or pleaded guilty to one          2,896        

violation of any provision of sections 4511.01 to 4511.76 or       2,898        

section 4511.84 of the Revised Code for which no penalty           2,899        

otherwise is provided in this section or a municipal ordinance     2,900        

that is substantially similar to any provision of sections         2,901        

4511.01 to 4511.76 or section 4511.84 of the Revised Code for      2,902        

which no penalty otherwise is provided in this section, a          2,903        

misdemeanor of the fourth degree;                                  2,905        

      (c)  If, within one year of the offense, the offender        2,907        

previously has been convicted of or pleaded guilty to two or more  2,908        

violations of any provision described in division (D)(1)(b) of     2,910        

this section or any municipal ordinance that is substantially      2,911        

similar to any of those provisions, a misdemeanor of the third     2,912        

degree.                                                            2,913        

      (2)  When any person is found guilty of a first offense for  2,915        

a violation of section 4511.21 of the Revised Code upon a finding  2,916        

that the person operated a motor vehicle faster than thirty-five   2,918        

miles an hour in a business district of a municipal corporation,   2,919        

or faster than fifty miles an hour in other portions, or faster    2,920        

than thirty-five miles an hour while passing through a school      2,921        

zone during recess or while children are going to or leaving       2,922        

school during the opening or closing hours, the person is guilty   2,923        

of a misdemeanor of the fourth degree.                             2,924        

      (3)  Notwithstanding section 2929.21 of the Revised Code,    2,926        

upon a finding that such person operated a motor vehicle in a      2,927        

                                                          71     


                                                                 
construction zone where a sign was then posted in accordance with  2,928        

section 4511.98 of the Revised Code, the court, in addition to     2,929        

all other penalties provided by law, shall impose a fine of two    2,930        

times the usual amount imposed for the violation.  No court shall  2,931        

impose a fine of two times the usual amount imposed for the        2,932        

violation upon an offender who alleges, in an affidavit filed      2,933        

with the court prior to the offender's sentencing, that the        2,934        

offender is indigent and is unable to pay the fine imposed         2,935        

pursuant to this division, provided the court determines the       2,936        

offender is an indigent person and is unable to pay the fine.      2,937        

      (4)  Notwithstanding section 2929.21 of the Revised Code,    2,940        

upon a finding that a person operated a motor vehicle in           2,941        

violation of division (C) of section 4511.213 of the Revised       2,943        

Code, the court, in addition to all other penalties provided by    2,944        

law, shall impose a fine of two times the usual amount imposed     2,945        

for the violation.                                                              

      (E)  Whenever a person is found guilty in a court of record  2,947        

of a violation of section 4511.761, 4511.762, or 4511.77 of the    2,948        

Revised Code, the trial judge, in addition to or independent of    2,949        

all other penalties provided by law, may suspend for any period    2,950        

of time not exceeding three years, or revoke the license of any    2,951        

person, partnership, association, or corporation, issued under     2,952        

section 4511.763 of the Revised Code.                              2,953        

      (F)  Whoever violates division (E) or (F) of section         2,955        

4511.51, division (A), (D), or (E) of section 4511.521, section    2,956        

4511.681, division (A) or (C) of section 4511.69, section          2,957        

4511.772, or division (A) or (B) of section 4511.82 of the         2,958        

Revised Code is guilty of a minor misdemeanor.                     2,959        

      (G)  Whoever violates division (A) of section 4511.75 of     2,961        

the Revised Code may be fined an amount not to exceed five         2,962        

hundred dollars.  A person who is issued a citation for a          2,963        

violation of division (A) of section 4511.75 of the Revised Code   2,964        

is not permitted to enter a written plea of guilty and waive the   2,965        

person's right to contest the citation in a trial, but instead     2,966        

                                                          72     


                                                                 
must appear in person in the proper court to answer the charge.    2,967        

      (H)(1)  Whoever is a resident of this state and violates     2,969        

division (A) or (B) of section 4511.81 of the Revised Code shall   2,970        

be punished as follows:                                            2,971        

      (a)  Except as otherwise provided in division (H)(1)(b) of   2,973        

this section, the offender is guilty of a minor misdemeanor.       2,975        

      (b)  If the offender previously has been convicted of or     2,977        

pleaded guilty to a violation of division (A) or (B) of section    2,978        

4511.81 of the Revised Code or of a municipal ordinance that is    2,980        

substantially similar to either of those divisions, the offender   2,981        

is guilty of a misdemeanor of the fourth degree.                   2,982        

      (2)  Whoever is not a resident of this state, violates       2,984        

division (A) or (B) of section 4511.81 of the Revised Code, and    2,985        

fails to prove by a preponderance of the evidence that the         2,986        

offender's use or nonuse of a child restraint system was in        2,987        

accordance with the law of the state of which the offender is a    2,989        

resident is guilty of a minor misdemeanor on a first offense; on   2,991        

a second or subsequent offense, that person is guilty of a         2,992        

misdemeanor of the fourth degree.                                  2,993        

      (3)  Sixty-five per cent of every fine ALL FINES imposed     2,995        

pursuant to division (H)(1) or (2) of this section shall be        2,997        

forwarded to the treasurer of state for deposit in the "child      2,998        

highway safety fund" created by division (G) of section 4511.81    2,999        

of the Revised Code. The balance of the fine shall be disbursed    3,000        

as otherwise provided by law.                                      3,001        

      (I)  Whoever violates section 4511.202 of the Revised Code   3,003        

is guilty of operating a motor vehicle without being in control    3,004        

of it, a minor misdemeanor.                                        3,005        

      (J)  Whoever violates division (B) of section 4511.74,       3,007        

division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of       3,008        

section 4511.83 of the Revised Code is guilty of a misdemeanor of  3,009        

the first degree.                                                  3,010        

      (K)  Except as otherwise provided in this division, whoever  3,012        

violates division (E) of section 4511.11, division (A) or (C) of   3,013        

                                                          73     


                                                                 
section 4511.17, or section 4511.18 of the Revised Code is guilty  3,014        

of a misdemeanor of the third degree.  If a violation of division  3,015        

(A) or (C) of section 4511.17 of the Revised Code creates a risk   3,016        

of physical harm to any person, the offender is guilty of a        3,017        

misdemeanor of the first degree.  A violation of division (A) or   3,018        

(C) of section 4511.17 of the Revised Code that causes serious     3,019        

physical harm to property that is owned, leased, or controlled by  3,020        

a state or local authority is a felony of the fifth degree.        3,022        

      (L)  Whoever violates division (H) of section 4511.69 of     3,024        

the Revised Code shall be punished as follows:                     3,025        

      (1)  Except as otherwise provided in division (L)(2) of      3,028        

this section, the offender shall be issued a warning.              3,029        

      (2)  If the offender previously has been convicted of or     3,031        

pleaded guilty to a violation of division (H) of section 4511.69   3,032        

of the Revised Code or of a municipal ordinance that is            3,033        

substantially similar to that division, the offender shall not be  3,034        

issued a warning but shall be fined twenty-five dollars for each   3,035        

parking location that is not properly marked or whose markings     3,037        

are not properly maintained.                                                    

      (M)  Whoever violates division (A)(1) or (2) of section      3,039        

4511.45 of the Revised Code is guilty of a misdemeanor of the      3,040        

fourth degree on a first offense; on a second offense within one   3,041        

year after the first offense, the person is guilty of a            3,042        

misdemeanor of the third degree; and on each subsequent offense    3,043        

within one year after the first offense, the person is guilty of   3,044        

a misdemeanor of the second degree.                                3,045        

      (N)(1)  Whoever violates division (B) of section 4511.19 of  3,048        

the Revised Code is guilty of operating a motor vehicle after                   

under-age alcohol consumption and shall be punished as follows:    3,049        

      (a)  Except as otherwise provided in division (N)(1)(b) of   3,052        

this section, the offender is guilty of a misdemeanor of the       3,053        

fourth degree.                                                                  

      (b)  The offender is guilty of a misdemeanor of the third    3,055        

degree if, within one year of the offense, the offender has been   3,057        

                                                          74     


                                                                 
convicted of or pleaded guilty to any violation of the following:  3,058        

      (i)  Division (A) or (B) of section 4511.19 of the Revised   3,061        

Code;                                                                           

      (ii)  A municipal ordinance relating to operating a vehicle  3,064        

while under the influence of alcohol, a drug of abuse, or alcohol  3,065        

and a drug of abuse;                                               3,066        

      (iii)  A municipal ordinance relating to operating a         3,068        

vehicle with a prohibited concentration of alcohol in the blood,   3,070        

breath, or urine;                                                  3,071        

      (iv)  Section 2903.04 of the Revised Code in a case in       3,073        

which the offender was subject to the sanctions described in       3,074        

division (D) of that section;                                      3,075        

      (v)  Division (A)(1) of section 2903.06 or division (A)(1)   3,078        

of section 2903.08 of the Revised Code or a municipal ordinance    3,079        

that is substantially similar to either of those divisions;        3,081        

      (vi)  Division (A)(2), (3), or (4) of section 2903.06 or     3,084        

division (A)(2) of section 2903.08 of the Revised Code or a        3,086        

municipal ordinance that is substantially similar to any of those  3,087        

divisions, or former section 2903.07 of the Revised Code or a      3,089        

substantially similar municipal ordinance, in a case in which the  3,091        

jury or judge found that the offender was under the influence of   3,092        

alcohol, a drug of abuse, or alcohol and a drug of abuse;                       

      (vii)  A statute of the United States or of any other state  3,095        

or a municipal ordinance of a municipal corporation located in     3,096        

any other state that is substantially similar to division (A) or   3,097        

(B) of section 4511.19 of the Revised Code.                        3,098        

      (2)  In addition to or independent of all other penalties    3,100        

provided by law, the offender's driver's or commercial driver's    3,101        

license or permit or nonresident operating privilege shall be      3,102        

suspended in accordance with, and for the period of time           3,103        

specified in, division (E) of section 4507.16 of the Revised       3,104        

Code.                                                              3,105        

      (O)  Whoever violates section 4511.62 of the Revised Code    3,108        

is guilty of a misdemeanor of the fourth degree.                                

                                                          75     


                                                                 
      (P)  Whoever violates division (F)(1)(a) or (b) of section   3,111        

4511.69 of the Revised Code is guilty of a misdemeanor and shall   3,114        

be fined not less than two hundred fifty nor more than five                     

hundred dollars, but in no case shall an offender be sentenced to  3,116        

any term of imprisonment.                                          3,117        

      Arrest or conviction for a violation of division (F)(1)(a)   3,120        

or (b) of section 4511.69 of the Revised Code does not constitute  3,122        

a criminal record and need not be reported by the person so        3,123        

arrested or convicted in response to any inquiries contained in    3,124        

any application for employment, license, or other right or         3,125        

privilege, or made in connection with the person's appearance as   3,126        

a witness.                                                         3,127        

      Every fine collected under this division shall be paid by    3,129        

the clerk of the court to the political subdivision in which the   3,130        

violation occurred.  Except as provided in this division, the      3,131        

political subdivision shall use the fine moneys it receives under  3,132        

this division to pay the expenses it incurs in complying with the  3,134        

signage and notice requirements contained in division (E) of                    

section 4511.69 of the Revised Code.  The political subdivision    3,135        

may use up to fifty per cent of each fine it receives under this   3,136        

division to pay the costs of educational, advocacy, support, and   3,137        

assistive technology programs for persons with disabilities, and   3,138        

for public improvements within the political subdivision that      3,139        

benefit or assist persons with disabilities, if governmental       3,140        

agencies or nonprofit organizations offer the programs.            3,141        

      Sec. 4513.263.  (A)  As used in this section and in section  3,150        

4513.99 of the Revised Code:                                       3,151        

      (1)  "Automobile" means any commercial tractor, passenger    3,153        

car, commercial car, or truck that is required to be               3,154        

factory-equipped with an occupant restraining device for the       3,155        

operator or any passenger by regulations adopted by the United     3,156        

States secretary of transportation pursuant to the "National       3,157        

Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15    3,158        

U.S.C.A. 1392.                                                     3,159        

                                                          76     


                                                                 
      (2)  "Occupant restraining device" means a seat safety       3,161        

belt, shoulder belt, harness, or other safety device for           3,162        

restraining a person who is an operator of or passenger in an      3,163        

automobile and that satisfies the minimum federal vehicle safety   3,164        

standards established by the United States department of           3,165        

transportation.                                                    3,166        

      (3)  "Passenger" means any person in an automobile, other    3,168        

than its operator, who is occupying a seating position for which   3,169        

an occupant restraining device is provided.                        3,170        

      (4)  "Commercial tractor," "passenger car," and "commercial  3,172        

car" have the same meanings as in section 4501.01 of the Revised   3,173        

Code.                                                              3,174        

      (5)  "Vehicle" and "motor vehicle," as used in the           3,176        

definitions of the terms set forth in division (A)(4) of this      3,177        

section, have the same meanings as in section 4511.01 of the       3,178        

Revised Code.                                                      3,179        

      (6)  "Manufacturer" and "supplier" have the same meanings    3,181        

as in section 2307.71 of the Revised Code.                         3,182        

      (7)  "Tort action" means a civil action for damages for      3,184        

injury, death, or loss to person or property.  "Tort action"       3,185        

includes a product liability claim but does not include a civil    3,186        

action for damages for a breach of contract or another agreement   3,187        

between persons.                                                                

      (B)  No person shall do any of the following:                3,189        

      (1)  Operate an automobile on any street or highway unless   3,191        

that person is wearing all of the available elements of a          3,192        

properly adjusted occupant restraining device, or operate a        3,193        

school bus that has an occupant restraining device installed for   3,194        

use in its operator's seat unless that person is wearing all of    3,195        

the available elements of the device, as properly adjusted;        3,196        

      (2)  Operate an automobile on any street or highway unless   3,198        

each passenger in the automobile who is subject to the             3,199        

requirement set forth in division (B)(3) of this section is        3,200        

wearing all of the available elements of a properly adjusted       3,201        

                                                          77     


                                                                 
occupant restraining device;                                       3,202        

      (3)  Occupy, as a passenger, a seating position on the       3,204        

front seat of an automobile being operated on any street or        3,205        

highway unless that person is wearing all of the available         3,206        

elements of a properly adjusted occupant restraining device;       3,207        

      (4)  Operate a taxicab on any street or highway unless all   3,209        

factory-equipped occupant restraining devices in the taxicab are   3,210        

maintained in usable form.                                         3,211        

      (C)  Division (B)(3) of this section does not apply to a     3,213        

person who is required by section 4511.81 of the Revised Code to   3,214        

be secured in a child restraint device.  Division (B)(1) of this   3,215        

section does not apply to a person who is an employee of the       3,216        

United States postal service or of a newspaper home delivery       3,217        

service, during any period in which the person is engaged in the   3,218        

operation of an automobile to deliver mail or newspapers to        3,219        

addressees.  Divisions (B)(1) and (3) of this section do not       3,220        

apply to a person who has an affidavit signed by a physician       3,221        

licensed to practice in this state under Chapter 4731. of the      3,222        

Revised Code or a chiropractor licensed to practice in this state  3,223        

under Chapter 4734. of the Revised Code that states that the       3,224        

person has a physical impairment that makes use of an occupant     3,225        

restraining device impossible or impractical.                      3,226        

      (D)  Notwithstanding any provision of law to the contrary,   3,228        

no law enforcement officer shall cause an operator of an           3,229        

automobile being operated on any street or highway to stop the     3,230        

automobile for the sole purpose of determining whether a           3,231        

violation of division (B) of this section has been or is being     3,232        

committed or for the sole purpose of issuing a ticket, citation,   3,233        

or summons for a violation of that nature or causing the arrest    3,235        

of or commencing a prosecution of a person for a violation of      3,236        

that nature, and no law enforcement officer shall view the         3,238        

interior or visually inspect any automobile being operated on any  3,239        

street or highway for the sole purpose of determining whether a    3,240        

violation of that nature has been or is being committed.           3,242        

                                                          78     


                                                                 
      (E)  All fines collected for violations of division (B) of   3,244        

this section, or for violations of any ordinance or resolution of  3,245        

a political subdivision that is substantively comparable to that   3,246        

division, shall be forwarded to the treasurer of state for         3,247        

deposit as follows:                                                3,248        

      (1)  Ten EIGHT per cent shall be deposited into the seat     3,250        

belt education fund, which is hereby created in the state          3,251        

treasury, and shall be used by the department of public safety to  3,252        

establish a seat belt education program.                           3,253        

      (2)  Ten EIGHT per cent shall be deposited into the          3,255        

elementary school program fund, which is hereby created in the     3,256        

state treasury, and shall be used by the department of public      3,258        

safety to establish and administer elementary school programs      3,259        

that encourage seat safety belt use.                               3,260        

      (3)  Until July 1, 1999, one per cent, and on and after      3,262        

July 1, 1999, two TWO per cent shall be deposited into the Ohio    3,264        

ambulance licensing trust fund created by section 4766.05 of the   3,265        

Revised Code.                                                      3,266        

      (4)  Twenty-eight per cent shall be deposited into the       3,268        

TRAUMA AND emergency medical services fund, which is hereby        3,269        

created in the state treasury, and shall be used by the            3,271        

department of public safety for the administration of the          3,272        

division of emergency medical services and THE state board of      3,273        

emergency medical services.                                                     

      (5)  Until July 1, 1999, fifty-one per cent, and on and      3,276        

after July 1, 1999, fifty FIFTY-FOUR per cent shall be deposited   3,277        

into the TRAUMA AND emergency medical services grants fund, which  3,279        

is hereby created in the state treasury, and shall be used by the  3,280        

state board of emergency medical services to make grants, in       3,281        

accordance with section 4765.07 of the Revised Code and the rules  3,282        

that the board adopts under section 4765.11 of the Revised Code,   3,284        

to emergency medical service organizations for the training of     3,285        

their personnel, for the purchase of equipment, and to improve     3,286        

the availability, accessibility, and quality of emergency medical  3,287        

                                                          79     


                                                                 
services in this state.                                            3,288        

      (F)  The failure of a person to wear all of the available    3,290        

elements of a properly adjusted occupant restraining device in     3,291        

violation of division (B)(1) or (3) of this section or the         3,292        

failure of a person to ensure that each minor who is a passenger   3,293        

of an automobile being operated by that person is wearing all of   3,294        

the available elements of a properly adjusted occupant             3,295        

restraining device in violation of division (B)(2) of this                      

section shall be considered by the trier of fact in a tort action  3,297        

as contributory negligence or other tortious conduct or            3,298        

considered for any other relevant purpose if the failure           3,299        

contributed to the harm alleged in the tort action and may         3,300        

diminish pursuant to section 2315.19 or 2315.20 of the Revised     3,301        

Code a recovery of compensatory damages in a tort action; shall    3,302        

not be used as a basis for a criminal prosecution of the person    3,303        

other than a prosecution for a violation of this section; and      3,304        

shall not be admissible as evidence in a criminal action           3,305        

involving the person other than a prosecution for a violation of   3,306        

this section.                                                      3,307        

      Sec. 4513.99.  (A)  Whoever violates division (C), (D),      3,316        

(E), or (F) of section 4513.241, section 4513.261, 4513.262, or    3,317        

4513.36, or division (B)(3) of section 4513.60 of the Revised      3,318        

Code is guilty of a minor misdemeanor.                             3,319        

      (B)  Whoever violates section 4513.02 or 4513.021, or        3,321        

division (B)(4) of section 4513.263, or division (F) of section    3,322        

4513.60 of the Revised Code is guilty of a minor misdemeanor on a  3,323        

first offense; on a second or subsequent offense such person is    3,324        

guilty of a misdemeanor of the third degree.                       3,325        

      (C)  Whoever violates sections 4513.03 to 4513.262 or        3,327        

4513.27 to 4513.37 of the Revised Code, for which violation no     3,328        

penalty is otherwise provided, is guilty of a minor misdemeanor    3,329        

on a first offense; on a second offense within one year after the  3,330        

first offense, such person is guilty of a misdemeanor of the       3,331        

fourth degree; on each subsequent offense within one year after    3,332        

                                                          80     


                                                                 
the first offense, such person is guilty of a misdemeanor of the   3,333        

third degree.                                                      3,334        

      (D)  Whoever violates section 4513.64 of the Revised Code    3,336        

is guilty of a minor misdemeanor, and shall also be assessed any   3,337        

costs incurred by the county, township, or municipal corporation   3,338        

in disposing of such abandoned junk motor vehicle, less any money  3,339        

accruing to the county, to the township, or to the municipal       3,340        

corporation from such disposal.                                    3,341        

      (E)  Whoever violates section 4513.65 of the Revised Code    3,343        

is guilty of a minor misdemeanor on a first offense; on a second   3,344        

offense, such person is guilty of a misdemeanor of the fourth      3,345        

degree; on each subsequent offense, such person is guilty of a     3,346        

misdemeanor of the third degree.                                   3,347        

      (F)  Whoever violates division (B)(1) of section 4513.263    3,349        

of the Revised Code shall be fined twenty-five THIRTY dollars.     3,350        

      (G)  Whoever violates division (B)(3) of section 4513.263    3,352        

of the Revised Code shall be fined fifteen TWENTY dollars.         3,353        

      (H)  Whoever violates section 4513.361 of the Revised Code   3,355        

is guilty of a misdemeanor of the first degree.                    3,356        

      Sec. 4765.01.  As used in this chapter:                      3,365        

      (A)  "First responder" means an individual who holds a       3,367        

current, valid certificate issued under section 4765.30 of the     3,368        

Revised Code to practice as a first responder.                     3,369        

      (B)  "Emergency medical technician-basic" or "EMT-basic"     3,372        

means an individual who holds a current, valid certificate issued  3,373        

under section 4765.30 of the Revised Code to practice as an        3,374        

emergency medical technician-basic.                                3,375        

      (C)  "Emergency medical technician-intermediate" or "EMT-I"  3,378        

means an individual who holds a current, valid certificate issued  3,380        

under section 4765.30 of the Revised Code to practice as an        3,381        

emergency medical technician-intermediate.                                      

      (D)  "Emergency medical technician-paramedic" or             3,383        

"paramedic" means an individual who holds a current, valid         3,384        

certificate issued under section 4765.30 of the Revised Code to    3,385        

                                                          81     


                                                                 
practice as an emergency medical technician-paramedic.             3,386        

      (E)  "Ambulance" means any motor vehicle that is used, or    3,388        

is intended to be used, for the purpose of responding to           3,389        

emergency medical situations, transporting emergency patients,     3,390        

and administering emergency medical service to patients before,    3,391        

during, or after transportation.                                   3,392        

      (F)  "Cardiac monitoring" means a procedure used for the     3,394        

purpose of observing and documenting the rate and rhythm of a      3,395        

patient's heart by attaching electrical leads from an              3,396        

electrocardiograph monitor to certain points on the patient's      3,397        

body surface.                                                      3,398        

      (G)  "Emergency medical service" means any of the services   3,400        

described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of    3,401        

the Revised Code that are performed by first responders,           3,402        

emergency medical technicians-basic, emergency medical             3,404        

technicians-intermediate, and paramedics.  "Emergency medical      3,405        

service" includes such services performed before or during any                  

transport of a patient, including transports between hospitals     3,406        

and transports to and from helicopters.                            3,407        

      (H)  "Emergency medical service organization" means a        3,409        

public or private organization using first responders,             3,411        

EMTs-basic, EMTs-I, or paramedics, or a combination of first       3,412        

responders, EMTs-basic, EMTs-I, and paramedics, to provide         3,413        

emergency medical services.                                                     

      (I)  "Physician" means an individual who holds a current,    3,415        

valid certificate issued under Chapter 4731. of the Revised Code   3,416        

authorizing the practice of medicine and surgery or osteopathic    3,417        

medicine and surgery.                                              3,418        

      (J)  "Registered nurse" means an individual who holds a      3,420        

current, valid license issued under Chapter 4723. of the Revised   3,421        

Code authorizing the practice of nursing as a registered nurse.    3,422        

      (K)  "Volunteer" means a person who provides emergency       3,424        

medical services either for no compensation or for compensation    3,425        

that does not exceed the actual expenses of service and training   3,426        

                                                          82     


                                                                 
for INCURRED IN providing such THE services part time OR IN        3,428        

TRAINING TO PROVIDE THE SERVICES.                                               

      (L)  "EMERGENCY MEDICAL SERVICE PERSONNEL" MEANS FIRST       3,431        

RESPONDERS, EMERGENCY MEDICAL SERVICE TECHNICIANS-BASIC,                        

EMERGENCY MEDICAL SERVICE TECHNICIANS-INTERMEDIATE, EMERGENCY      3,433        

MEDICAL SERVICE TECHNICIANS-PARAMEDIC, AND PERSONS WHO PROVIDE                  

MEDICAL DIRECTION TO SUCH PERSONS.                                 3,434        

      (M)  "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01   3,437        

OF THE REVISED CODE.                                                            

      (N)  "TRAUMA" OR "TRAUMATIC INJURY" MEANS SEVERE DAMAGE TO   3,439        

OR DESTRUCTION OF TISSUE THAT SATISFIES BOTH OF THE FOLLOWING      3,440        

CONDITIONS:                                                                     

      (1)  IT CREATES A SIGNIFICANT RISK OF ANY OF THE FOLLOWING:  3,442        

      (a)  LOSS OF LIFE;                                           3,444        

      (b)  LOSS OF A LIMB;                                         3,446        

      (c)  SIGNIFICANT, PERMANENT DISFIGUREMENT;                   3,448        

      (d)  SIGNIFICANT, PERMANENT DISABILITY.                      3,450        

      (2)  IT IS CAUSED BY ANY OF THE FOLLOWING:                   3,452        

      (a)  BLUNT OR PENETRATING INJURY;                            3,454        

      (b)  EXPOSURE TO ELECTROMAGNETIC, CHEMICAL, OR RADIOACTIVE   3,457        

ENERGY;                                                                         

      (c)  DROWNING, SUFFOCATION, OR STRANGULATION;                3,459        

      (d)  A DEFICIT OR EXCESS OF HEAT.                            3,461        

      (O)  "TRAUMA VICTIM" OR "TRAUMA PATIENT" MEANS A PERSON WHO  3,463        

HAS SUSTAINED A TRAUMATIC INJURY.                                  3,464        

      (P)  "TRAUMA CARE" MEANS THE ASSESSMENT, DIAGNOSIS,          3,466        

TRANSPORTATION, TREATMENT, OR REHABILITATION OF A TRAUMA VICTIM    3,467        

BY EMERGENCY MEDICAL SERVICE PERSONNEL OR BY A PHYSICIAN, NURSE,   3,469        

PHYSICIAN ASSISTANT, RESPIRATORY THERAPIST, PHYSICAL THERAPIST,    3,470        

CHIROPRACTOR, OCCUPATIONAL THERAPIST, SPEECH-LANGUAGE              3,471        

PATHOLOGIST, AUDIOLOGIST, OR PSYCHOLOGIST LICENSED TO PRACTICE AS  3,472        

SUCH IN THIS STATE OR ANOTHER JURISDICTION.                        3,473        

      (Q)  "TRAUMA CENTER" MEANS ALL OF THE FOLLOWING:             3,475        

      (1)  ANY HOSPITAL THAT IS VERIFIED BY THE AMERICAN COLLEGE   3,478        

                                                          83     


                                                                 
OF SURGEONS AS AN ADULT OR PEDIATRIC TRAUMA CENTER;                3,479        

      (2)  UNTIL DECEMBER 31, 2004, ANY HOSPITAL IN THIS STATE     3,481        

THAT IS DESIGNATED BY THE DIRECTOR OF HEALTH AS A LEVEL II         3,482        

PEDIATRIC TRAUMA CENTER UNDER SECTION 3727.081 OF THE REVISED      3,483        

CODE;                                                                           

      (3)  ANY HOSPITAL IN ANOTHER STATE THAT IS LICENSED OR       3,486        

DESIGNATED UNDER THE LAWS OF THAT STATE AS CAPABLE OF PROVIDING    3,487        

SPECIALIZED TRAUMA CARE APPROPRIATE TO THE MEDICAL NEEDS OF THE    3,488        

TRAUMA PATIENT.                                                                 

      (R)  "PEDIATRIC" MEANS INVOLVING A PATIENT WHO IS LESS THAN  3,490        

SIXTEEN YEARS OF AGE.                                              3,491        

      (S)  "ADULT" MEANS INVOLVING A PATIENT WHO IS NOT A          3,493        

PEDIATRIC PATIENT.                                                 3,494        

      (T)  "GERIATRIC" MEANS INVOLVING A PATIENT WHO IS AT LEAST   3,496        

SEVENTY YEARS OLD OR EXHIBITS SIGNIFICANT ANATOMICAL OR            3,497        

PHYSIOLOGICAL CHARACTERISTICS ASSOCIATED WITH ADVANCED AGING.      3,498        

      (U)  "AIR MEDICAL ORGANIZATION" MEANS AN ORGANIZATION THAT   3,500        

PROVIDES EMERGENCY MEDICAL SERVICES, OR TRANSPORTS EMERGENCY       3,501        

VICTIMS, BY MEANS OF FIXED OR ROTARY WING AIRCRAFT.                3,502        

      (V) "EMERGENCY CARE" AND "EMERGENCY FACILITY" HAVE THE SAME  3,504        

MEANINGS AS IN SECTION 3727.01 OF THE REVISED CODE.                3,505        

      (W)  "STABILIZE," EXCEPT AS IT IS USED IN DIVISION (B) OF    3,508        

SECTION 4765.35 OF THE REVISED CODE WITH RESPECT TO THE MANUAL     3,509        

STABILIZATION OF FRACTURES, HAS THE SAME MEANING AS IN SECTION     3,510        

1753.28 OF THE REVISED CODE.                                       3,511        

      (X)  "TRANSFER" HAS THE SAME MEANING AS IN SECTION 1753.28   3,513        

OF THE REVISED CODE.                                               3,514        

      Sec. 4765.02.  There is hereby created the state board of    3,523        

emergency medical services within the division of emergency        3,525        

medical services of the department of public safety.  The board                 

shall consist of eighteen THE members SPECIFIED IN THIS SECTION    3,527        

who are residents of this state.  The governor, with the advice    3,528        

and consent of the senate, shall appoint seventeen ALL members of  3,529        

the board, EXCEPT THE EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY  3,530        

                                                          84     


                                                                 
DESIGNATED BY THE DIRECTOR OF PUBLIC SAFETY UNDER THIS SECTION TO  3,531        

BE A MEMBER OF THE BOARD.  In making the appointments, the         3,533        

governor shall appoint only members with background or experience  3,534        

in emergency medical services or trauma care and shall attempt to  3,535        

include members representing urban and rural areas and the,        3,536        

various geographical regions of the state, AND VARIOUS SCHOOLS OF  3,538        

TRAINING.                                                                       

      One member of the board shall be a physician certified by    3,540        

the American board of emergency medicine or the American           3,541        

osteopathic board of emergency medicine who is in the active IN    3,543        

THE practice of emergency medicine and is actively involved with                

an emergency medical service organization.  The governor shall     3,544        

appoint this member from among three persons nominated by the      3,545        

Ohio chapter of the American college of emergency physicians AND   3,546        

THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION.  One  3,547        

member shall be a physician certified by the American board of     3,550        

surgery or the American osteopathic board of surgery who is                     

active in the practice of TRAUMA surgery and is actively involved  3,551        

with emergency medical services.  The governor shall appoint this  3,552        

member from among three persons nominated by the Ohio chapter of   3,553        

the American college of surgeons AND THREE PERSONS NOMINATED BY    3,554        

THE OHIO OSTEOPATHIC ASSOCIATION.  One member shall be a           3,555        

physician certified by the American academy of pediatricians       3,556        

PEDIATRICS OR AMERICAN OSTEOPATHIC BOARD OF PEDIATRICS who is      3,558        

active in the practice of pediatric emergency medicine and                      

actively involved with an emergency medical service organization.  3,560        

The governor shall appoint this member from among three persons    3,561        

nominated by the Ohio chapter of the American academy of                        

pediatricians PEDIATRICS.  One member shall be the administrator   3,562        

of a hospital with an active emergency room AN ADULT OR PEDIATRIC  3,564        

TRAUMA CENTER.  The governor shall appoint this member from among  3,566        

three persons nominated by the Ohio hospital association OHA:      3,568        

THE ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS,  THREE PERSONS   3,570        

NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION, THREE PERSONS       3,571        

                                                          85     


                                                                 
NOMINATED BY THE ASSOCIATION OF OHIO CHILDREN'S HOSPITALS, AND     3,572        

THREE PERSONS NOMINATED BY THE HEALTH FORUM OF OHIO.  ONE MEMBER   3,573        

SHALL BE THE ADMINISTRATOR OF A HOSPITAL THAT IS NOT A TRAUMA      3,574        

CENTER.  THE GOVERNOR SHALL APPOINT THIS MEMBER FROM AMONG THREE   3,575        

PERSONS NOMINATED BY OHA:  THE ASSOCIATION FOR HOSPITALS AND       3,576        

HEALTH SYSTEMS, THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC    3,577        

ASSOCIATION, THREE PERSONS NOMINATED BY THE ASSOCIATION OF OHIO    3,578        

CHILDREN'S HOSPITALS, AND THREE PERSONS NOMINATED BY THE HEALTH    3,579        

FORUM OF OHIO.  One member shall be a registered nurse who is in   3,581        

the active practice of emergency nursing.  The governor shall      3,582        

appoint this member from among three persons nominated by the      3,583        

Ohio nurses association and three persons nominated by the Ohio    3,584        

state council of the emergency nurses association.  One member     3,585        

shall be the chief of a fire department that is also an emergency  3,586        

medical service organization in which more than fifty per cent of  3,587        

the persons who provide emergency medical services are full-time   3,588        

paid employees.  The governor shall appoint this member from       3,589        

among three persons nominated by the Ohio fire chiefs'             3,590        

association.  One member shall be the chief of a fire department   3,591        

that is also an emergency medical service organization in which    3,592        

more than fifty per cent of the persons who provide emergency      3,593        

medical services are volunteers.  The governor shall appoint this  3,594        

member from among three persons nominated by the Ohio fire         3,595        

chief's CHIEFS' association.  One member shall be a person who is  3,597        

certified to teach under section 4765.23 of the Revised Code or,   3,598        

if the board has not yet certified persons to teach under that     3,599        

section, a person who is qualified to be certified to teach under  3,600        

that section.  The governor shall appoint this member from among   3,601        

three persons nominated by the Ohio emergency medical technician   3,602        

instructors association and the Ohio instructor/coordinators'      3,603        

society.  One member shall be an EMT-basic, one shall be an        3,604        

EMT-I, and one shall be a paramedic.  The governor shall appoint   3,606        

these members from among three EMTs-basic, three EMTs-I, and       3,607        

three paramedics nominated by the Ohio association of                           

                                                          86     


                                                                 
professional fire fighters and three EMTs-basic, three EMTs-I,     3,609        

and three paramedics nominated by the northern Ohio fire           3,610        

fighters.  One member shall be an EMT-basic, one shall be an       3,611        

EMT-I, and one shall be a paramedic whom the governor shall        3,612        

appoint from among three EMTs-basic, three EMTs-I, and three       3,614        

paramedics nominated by the Ohio state firefighter's association.  3,615        

One member shall be a person whom the governor shall appoint from  3,616        

among an EMT-basic, an EMT-I, and a paramedic nominated by the     3,617        

Ohio association of emergency medical services.  The governor      3,618        

shall appoint one member who is an EMT-basic, EMT-I, or paramedic  3,620        

affiliated with an emergency medical services organization.  One   3,621        

member shall be a member of the Ohio ambulance association whom    3,622        

the governor shall appoint from among three persons nominated by   3,623        

the Ohio ambulance association.  ONE MEMBER SHALL BE A PHYSICIAN   3,624        

CERTIFIED BY THE AMERICAN BOARD OF SURGERY, AMERICAN BOARD OF      3,625        

OSTEOPATHIC SURGERY, AMERICAN OSTEOPATHIC BOARD OF EMERGENCY       3,626        

MEDICINE, OR AMERICAN BOARD OF EMERGENCY MEDICINE WHO IS THE       3,627        

CHIEF MEDICAL OFFICER OF AN AIR MEDICAL AGENCY AND IS CURRENTLY    3,629        

ACTIVE IN PROVIDING EMERGENCY MEDICAL SERVICES.  THE GOVERNOR                   

SHALL APPOINT THIS MEMBER FROM AMONG THREE PERSONS NOMINATED BY    3,630        

THE OHIO ASSOCIATION OF AIR MEDICAL SERVICES.                      3,631        

      The director of public safety shall designate an employee    3,633        

of the department of public safety to serve as a member of the     3,634        

board at the director's pleasure.  This member shall serve as a    3,635        

liaison between the department and the division of emergency       3,636        

medical services in cooperation with the executive director of     3,637        

the board.                                                         3,638        

      The governor may refuse to appoint any of the persons        3,640        

nominated by one or more organizations under this section, EXCEPT  3,641        

THE EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY DESIGNATED BY THE  3,643        

DIRECTOR OF PUBLIC SAFETY UNDER THIS SECTION TO BE A MEMBER OF     3,644        

THE BOARD.  However, if the governor refuses to appoint any of     3,645        

the persons nominated by one or more organizations under this      3,646        

section, IN THAT EVENT, the organization or organizations shall    3,648        

                                                          87     


                                                                 
continue to nominate the required number of persons to the         3,649        

governor until the governor does appoint APPOINTS to the board     3,650        

one or more of the persons nominated by the organization or        3,652        

organizations.                                                                  

      THE DIRECTOR OF PUBLIC SAFETY SHALL DESIGNATE AN EMPLOYEE    3,654        

OF THE DEPARTMENT OF PUBLIC SAFETY TO SERVE AS A MEMBER OF THE     3,655        

BOARD AT THE DIRECTOR'S PLEASURE.  THIS MEMBER SHALL SERVE AS A    3,656        

LIAISON BETWEEN THE DEPARTMENT AND THE DIVISION OF EMERGENCY       3,657        

MEDICAL SERVICES IN COOPERATION WITH THE EXECUTIVE DIRECTOR OF     3,658        

THE BOARD.                                                                      

      Initial appointments to the board by the governor and the    3,660        

director of public safety shall be made within ninety days after   3,661        

the effective date of this amendment NOVEMBER 12, 1992.  Of the    3,663        

initial appointments by the governor, five shall be for terms      3,664        

ending one year after the effective date of this amendment         3,666        

NOVEMBER 12, 1992, six shall be for terms ending two years after   3,667        

the effective date of this amendment NOVEMBER 12, 1992, and six    3,668        

shall be for terms ending three years after the effective date of  3,670        

this amendment NOVEMBER 12, 1992.  WITHIN NINETY DAYS AFTER THE    3,671        

EFFECTIVE DATE OF THIS AMENDMENT, THE GOVERNOR SHALL APPOINT THE   3,672        

MEMBER OF THE BOARD WHO IS THE CHIEF MEDICAL OFFICER OF AN AIR     3,673        

MEDICAL AGENCY FOR AN INITIAL TERM ENDING NOVEMBER 12, 2000.       3,674        

Thereafter, terms of office of all members appointed by the        3,676        

governor shall be for three years, each term ending on the same    3,677        

day of the same month as did the term it succeeds.  Each member    3,678        

shall hold office from the date of appointment until the end of    3,679        

the term for which the member was appointed.  A member shall       3,681        

continue in office subsequent to the expiration date of the        3,682        

member's term until the member's successor takes office, or until  3,684        

a period of sixty days has elapsed, whichever occurs first.        3,685        

      Each vacancy shall be filled in the same manner as the       3,687        

original appointment.  A member appointed to fill a vacancy        3,688        

occurring prior to the expiration of the term for which the        3,689        

member's predecessor was appointed shall hold office for the       3,691        

                                                          88     


                                                                 
remainder of the unexpired term.                                   3,692        

      The term of a member shall expire if the member ceases to    3,694        

meet any of the requirements to be appointed as that member.  The  3,695        

governor may remove any member from office for neglect of duty,    3,696        

malfeasance, misfeasance, or nonfeasance, after an adjudication    3,697        

hearing held in accordance with Chapter 119. of the Revised Code.  3,698        

      The members of the board shall serve without compensation    3,700        

but shall be reimbursed for their actual and necessary expenses    3,701        

incurred in carrying out their duties as board members.            3,702        

      The board shall organize by annually selecting a chair AND   3,704        

VICE-CHAIR from among its members.  Ten THE BOARD MAY ADOPT        3,705        

BYLAWS TO REGULATE ITS AFFAIRS.  A MAJORITY OF ALL members of the  3,706        

board shall constitute a quorum.  No action shall be taken         3,707        

without the concurrence of ten members A MAJORITY OF ALL MEMBERS   3,708        

OF THE BOARD.  The board shall meet at least four times annually   3,710        

and at the call of the chair.  The chair shall call a meeting on   3,711        

the request of the executive director or the medical director of                

the board or on the written request of ten FIVE members.  THE      3,712        

BOARD SHALL MAINTAIN WRITTEN OR ELECTRONIC RECORDS OF ITS          3,713        

MEETINGS.                                                                       

      UPON TWENTY-FOUR HOURS' NOTICE FROM A MEMBER OF THE BOARD,   3,715        

THE MEMBER'S EMPLOYER SHALL RELEASE THE MEMBER FROM THE MEMBER'S   3,716        

EMPLOYMENT DUTIES TO ATTEND MEETINGS OF THE FULL BOARD.  NOTHING   3,717        

IN THIS PARAGRAPH REQUIRES THE EMPLOYER OF A MEMBER OF THE BOARD   3,718        

TO COMPENSATE THE MEMBER FOR TIME THE MEMBER IS RELEASED FROM      3,719        

EMPLOYMENT DUTIES UNDER THIS PARAGRAPH, BUT ANY CIVIL IMMUNITY,    3,720        

WORKERS' COMPENSATION, DISABILITY, OR SIMILAR COVERAGE THAT                     

APPLIES TO A MEMBER OF THE BOARD AS A RESULT OF THE MEMBER'S       3,721        

EMPLOYMENT SHALL CONTINUE TO APPLY WHILE THE MEMBER IS RELEASED    3,722        

FROM EMPLOYMENT DUTIES UNDER THIS PARAGRAPH.                       3,723        

      Sec. 4765.03.  (A)  The director of public safety shall      3,732        

appoint a full-time executive director for the state board of      3,733        

emergency medical services.  The executive director shall be       3,734        

knowledgeable in emergency medical services AND TRAUMA CARE and    3,735        

                                                          89     


                                                                 
shall serve at the pleasure of the director of public safety.      3,736        

The director of public safety shall appoint the executive          3,737        

director from among three persons nominated by the board.  The     3,738        

director of public safety may refuse, for cause, to appoint any    3,739        

of the board's nominees.  If the director fails to appoint any of  3,740        

the board's nominees, the board shall continue to nominate groups  3,741        

of three persons until the director does appoint one of the        3,742        

board's nominees.  The executive director shall serve as the       3,743        

chief executive officer of the board and as the executive          3,744        

director of the division of emergency medical services.  He THE    3,746        

EXECUTIVE DIRECTOR shall attend each meeting of the board, except  3,748        

meeting THE BOARD MAY EXCLUDE THE EXECUTIVE DIRECTOR FROM          3,749        

DISCUSSIONS concerning the appointment or terms of employment OR   3,750        

PERFORMANCE of an THE executive director OR MEDICAL DIRECTOR of    3,751        

the board.  The executive director shall give a surety bond to     3,753        

the state in such sum as the board determines, conditioned on the  3,754        

faithful performance of the duties of his THE EXECUTIVE            3,755        

DIRECTOR'S office.  The executive director shall receive a salary  3,757        

from the board and shall be reimbursed for his actual and          3,758        

necessary expenses incurred in carrying out his duties as          3,759        

executive director.                                                             

      The executive director of the board shall submit a report    3,761        

to the director of public safety AT LEAST every three months       3,763        

regarding the status of emergency medical services in this state.  3,764        

The executive director of the board shall meet with the director   3,765        

of public safety at the director's request.                        3,766        

      (B)  The board shall appoint a medical director, who shall   3,768        

serve at the pleasure of the board.  The medical director shall    3,769        

be a physician certified by the American board of emergency        3,770        

medicine or the American osteopathic board of emergency medicine   3,771        

who is active in the practice of emergency medicine and has been   3,772        

actively involved with an emergency medical service organization   3,773        

for at least five years prior to his appointment BEING APPOINTED.  3,775        

The board may accept SHALL CONSIDER ANY recommendations for this   3,776        

                                                          90     


                                                                 
appointment from the Ohio chapter of the American college of       3,778        

emergency physicians, THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF  3,779        

SURGEONS, THE OHIO CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS,  3,780        

the Ohio osteopathic association, and the Ohio state medical       3,781        

association.                                                                    

      The medical director shall direct the executive director     3,783        

and advise the board with regard to ADULT AND PEDIATRIC TRAUMA     3,784        

AND emergency medical services issues.  He THE MEDICAL DIRECTOR    3,787        

shall attend each meeting of the board, except meetings THE BOARD  3,789        

MAY EXCLUDE THE MEDICAL DIRECTOR FROM DISCUSSIONS concerning the   3,790        

appointment OR PERFORMANCE of a THE medical director OR EXECUTIVE  3,791        

DIRECTOR of the board.  The medical director shall be employed     3,792        

and paid by the board as a consultant and shall be reimbursed for  3,793        

his actual and necessary expenses incurred in carrying out his     3,794        

duties as medical director.                                        3,795        

      (C)  The board may appoint employees as it determines        3,797        

necessary.  The board shall prescribe the duties and titles of     3,798        

its employees.                                                     3,799        

      Sec. 4765.04.  (A)  THE FIREFIGHTER AND FIRE SAFETY          3,801        

INSPECTOR TRAINING COMMITTEE OF THE STATE BOARD OF EMERGENCY       3,802        

MEDICAL SERVICES IS HEREBY CREATED AND SHALL CONSIST OF THE        3,803        

MEMBERS OF THE BOARD WHO ARE CHIEFS OF FIRE DEPARTMENTS, AND THE   3,804        

MEMBERS OF THE BOARD WHO ARE EMERGENCY MEDICAL TECHNICIANS-BASIC,  3,805        

EMERGENCY MEDICAL TECHNICIANS-INTERMEDIATE, AND EMERGENCY MEDICAL  3,807        

TECHNICIANS-PARAMEDIC APPOINTED FROM AMONG PERSONS NOMINATED BY    3,808        

THE OHIO ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS OR THE          3,809        

NORTHERN OHIO FIRE FIGHTERS AND FROM AMONG PERSONS NOMINATED BY    3,811        

THE OHIO STATE FIREFIGHTER'S ASSOCIATION.  EACH MEMBER OF THE      3,813        

COMMITTEE, EXCEPT THE CHAIRPERSON, MAY DESIGNATE A PERSON WITH     3,814        

FIRE EXPERIENCE TO SERVE IN THAT MEMBER'S PLACE.  THE MEMBERS OF   3,815        

THE COMMITTEE OR THEIR DESIGNEES SHALL SELECT A CHAIRPERSON FROM   3,816        

AMONG THE MEMBERS OR THEIR DESIGNEES.                                           

      (B)  THE TRAUMA COMMITTEE OF THE STATE BOARD OF EMERGENCY    3,819        

MEDICAL SERVICES IS HEREBY CREATED AND SHALL CONSIST OF THE        3,820        

                                                          91     


                                                                 
FOLLOWING MEMBERS APPOINTED BY THE DIRECTOR OF PUBLIC SAFETY:      3,821        

      (1)  A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF   3,824        

SURGERY OR AMERICAN OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY      3,826        

PRACTICES GENERAL TRAUMA SURGERY, APPOINTED FROM AMONG THREE       3,827        

PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF   3,829        

SURGEONS, THREE PERSONS NOMINATED BY THE OHIO STATE MEDICAL        3,830        

ASSOCIATION, AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC   3,831        

ASSOCIATION;                                                       3,832        

      (2)  A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF   3,835        

SURGERY OR THE AMERICAN OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY  3,837        

PRACTICES ORTHOPEDIC TRAUMA SURGERY, APPOINTED FROM AMONG THREE    3,838        

PERSONS NOMINATED BY THE OHIO ORTHOPEDIC SOCIETY AND THREE         3,839        

PERSONS NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION;             3,840        

      (3)  A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF   3,843        

NEUROLOGICAL SURGEONS OR THE AMERICAN OSTEOPATHIC BOARD OF         3,845        

SURGERY AND ACTIVELY PRACTICES NEUROSURGERY ON TRAUMA VICTIMS,     3,846        

APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO STATE     3,847        

NEUROLOGICAL SOCIETY AND THREE PERSONS NOMINATED BY THE OHIO       3,848        

OSTEOPATHIC ASSOCIATION;                                           3,849        

      (4)  A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF   3,851        

SURGEONS OR AMERICAN OSTEOPATHIC BOARD OF SURGEONS AND ACTIVELY    3,852        

SPECIALIZES IN TREATING BURN VICTIMS, APPOINTED FROM AMONG THREE   3,853        

PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF   3,855        

SURGEONS AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC       3,856        

ASSOCIATION;                                                                    

      (5)  A DENTIST WHO IS CERTIFIED BY THE AMERICAN BOARD OF     3,858        

ORAL AND MAXILLOFACIAL SURGERY AND ACTIVELY PRACTICES ORAL AND     3,860        

MAXILLOFACIAL SURGERY, APPOINTED FROM AMONG THREE PERSONS          3,861        

NOMINATED BY THE OHIO DENTAL ASSOCIATION;                                       

      (6)  A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF   3,864        

PHYSICAL MEDICINE AND REHABILITATION OR AMERICAN OSTEOPATHIC       3,865        

BOARD OF REHABILITATION MEDICINE AND ACTIVELY PROVIDES             3,866        

REHABILITATIVE CARE TO TRAUMA VICTIMS, APPOINTED FROM AMONG THREE  3,867        

PERSONS NOMINATED BY THE OHIO SOCIETY OF PHYSICAL MEDICINE AND     3,869        

                                                          92     


                                                                 
REHABILITATION AND THREE PERSONS NOMINATED BY THE OHIO             3,870        

OSTEOPATHIC ASSOCIATION;                                                        

      (7)  A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF   3,874        

SURGERY OR AMERICAN OSTEOPATHIC BOARD OF SURGERY WITH SPECIAL      3,876        

QUALIFICATIONS IN PEDIATRIC SURGERY AND ACTIVELY PRACTICES         3,877        

PEDIATRIC TRAUMA SURGERY, APPOINTED FROM AMONG THREE PERSONS       3,878        

NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN ACADEMY OF           3,880        

PEDIATRICS AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC     3,881        

ASSOCIATION;                                                       3,882        

      (8)  A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF   3,885        

EMERGENCY MEDICINE OR AMERICAN OSTEOPATHIC BOARD OF EMERGENCY      3,886        

MEDICINE, ACTIVELY PRACTICES EMERGENCY MEDICINE, AND IS ACTIVELY   3,888        

INVOLVED IN EMERGENCY MEDICAL SERVICES, APPOINTED FROM AMONG       3,889        

THREE PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN        3,891        

COLLEGE OF EMERGENCY PHYSICIANS AND THREE PERSONS NOMINATED BY     3,892        

THE OHIO OSTEOPATHIC ASSOCIATION;                                  3,893        

      (9)  A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF   3,896        

PEDIATRICS, AMERICAN OSTEOPATHIC BOARD OF PEDIATRICS, OR AMERICAN  3,897        

BOARD OF EMERGENCY MEDICINE, IS SUB-BOARDED IN PEDIATRIC           3,898        

EMERGENCY MEDICINE, ACTIVELY PRACTICES PEDIATRIC EMERGENCY         3,900        

MEDICINE, AND IS ACTIVELY INVOLVED IN EMERGENCY MEDICAL SERVICES,  3,902        

APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER   3,903        

OF THE AMERICAN ACADEMY OF PEDIATRICS, THREE PERSONS NOMINATED BY  3,906        

THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS,  3,908        

AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION;   3,909        

      (10)  A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF  3,912        

SURGERY, AMERICAN OSTEOPATHIC BOARD OF SURGERY, OR AMERICAN BOARD  3,914        

OF EMERGENCY MEDICINE AND IS THE CHIEF MEDICAL OFFICER OF AN AIR   3,915        

MEDICAL ORGANIZATION, APPOINTED FROM AMONG THREE PERSONS           3,916        

NOMINATED BY THE OHIO ASSOCIATION OF AIR MEDICAL SERVICES;         3,918        

      (11)  A CORONER OR MEDICAL EXAMINER APPOINTED FROM AMONG     3,920        

THREE PEOPLE NOMINATED BY THE OHIO STATE CORONERS' ASSOCIATION;    3,922        

      (12)  A REGISTERED NURSE WHO ACTIVELY PRACTICES TRAUMA       3,924        

NURSING AT AN ADULT OR PEDIATRIC TRAUMA CENTER, APPOINTED FROM     3,925        

                                                          93     


                                                                 
AMONG THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION OF TRAUMA    3,928        

NURSE COORDINATORS;                                                             

      (13)  A REGISTERED NURSE WHO ACTIVELY PRACTICES EMERGENCY    3,930        

NURSING AND IS ACTIVELY INVOLVED IN EMERGENCY MEDICAL SERVICES,    3,931        

APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER   3,933        

OF THE EMERGENCY NURSES' ASSOCIATION;                              3,934        

      (14)  THE CHIEF TRAUMA REGISTRAR OF AN ADULT OR PEDIATRIC    3,936        

TRAUMA CENTER, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY     3,937        

THE ALLIANCE OF OHIO TRAUMA REGISTRARS;                            3,938        

      (15)  THE ADMINISTRATOR OF AN ADULT OR PEDIATRIC TRAUMA      3,940        

CENTER, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY OHA:  THE  3,941        

ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS, THREE PERSONS        3,942        

NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION, THREE PERSONS       3,943        

NOMINATED BY THE ASSOCIATION OF OHIO CHILDREN'S HOSPITALS, AND     3,944        

THREE PERSONS NOMINATED BY THE HEALTH FORUM OF OHIO;               3,945        

      (16)  THE ADMINISTRATOR OF A HOSPITAL THAT IS NOT A TRAUMA   3,947        

CENTER AND ACTIVELY PROVIDES EMERGENCY CARE TO ADULT OR PEDIATRIC  3,948        

TRAUMA PATIENTS, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY   3,949        

OHA:  THE ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS, THREE      3,950        

PERSONS NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION, THREE       3,951        

PERSONS NOMINATED BY THE ASSOCIATION OF OHIO CHILDREN'S            3,952        

HOSPITALS, AND THREE PERSONS NOMINATED BY THE HEALTH FORUM OF      3,953        

OHIO;                                                                           

      (17)  THE OPERATOR OF AN AMBULANCE COMPANY THAT ACTIVELY     3,955        

PROVIDES TRAUMA CARE TO EMERGENCY PATIENTS, APPOINTED FROM AMONG   3,956        

THREE PERSONS NOMINATED BY THE OHIO AMBULANCE ASSOCIATION;         3,959        

      (18)  THE CHIEF OF A FIRE DEPARTMENT THAT ACTIVELY PROVIDES  3,961        

TRAUMA CARE TO EMERGENCY PATIENTS, APPOINTED FROM AMONG THREE      3,963        

PERSONS NOMINATED BY THE OHIO FIRE CHIEFS' ASSOCIATION;            3,965        

      (19)  AN EMT OR PARAMEDIC WHO IS CERTIFIED UNDER THIS        3,968        

CHAPTER AND ACTIVELY PROVIDES TRAUMA CARE TO EMERGENCY PATIENTS,   3,970        

APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO           3,971        

ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, THREE PERSONS NOMINATED  3,973        

BY THE NORTHERN OHIO FIRE FIGHTERS, THREE PERSONS NOMINATED BY     3,974        

                                                          94     


                                                                 
THE OHIO STATE FIREFIGHTERS' ASSOCIATION, AND THREE PERSONS        3,976        

NOMINATED BY THE OHIO ASSOCIATION OF EMERGENCY MEDICAL SERVICES;   3,978        

      (20)  A PERSON WHO ACTIVELY ADVOCATES FOR TRAUMA VICTIMS,    3,980        

APPOINTED FROM THREE PERSONS NOMINATED BY THE OHIO BRAIN INJURY    3,981        

ASSOCIATION AND THREE PERSONS NOMINATED BY THE GOVERNOR'S COUNCIL  3,983        

ON PEOPLE WITH DISABILITIES;                                       3,984        

      (21)  A PHYSICIAN OR NURSE WHO HAS SUBSTANTIAL               3,986        

ADMINISTRATIVE RESPONSIBILITY FOR TRAUMA CARE PROVIDED IN OR BY    3,987        

AN ADULT OR PEDIATRIC TRAUMA CENTER, APPOINTED FROM AMONG THREE    3,988        

PERSONS NOMINATED BY OHA:   THE ASSOCIATION FOR HOSPITALS AND      3,989        

HEALTH SYSTEMS, THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC    3,990        

ASSOCIATION, THREE PERSONS NOMINATED BY THE ASSOCIATION OF OHIO    3,991        

CHILDREN'S HOSPITALS, AND THREE PERSONS NOMINATED BY THE HEALTH    3,992        

FORUM OF OHIO;                                                                  

      (22)  THREE REPRESENTATIVES OF HOSPITALS THAT ARE NOT        3,994        

TRAUMA CENTERS AND ACTIVELY PROVIDE EMERGENCY CARE TO TRAUMA       3,995        

PATIENTS, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY OHA:     3,997        

THE ASSOCIATION FOR HOSPITALS AND HEALTH SYSTEMS, THREE PERSONS    3,998        

NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION, THREE PERSONS       3,999        

NOMINATED BY THE ASSOCIATION OF OHIO CHILDREN'S HOSPITALS, AND     4,000        

THREE PERSONS NOMINATED BY THE HEALTH FORUM OF OHIO.  THE          4,001        

REPRESENTATIVES MAY BE HOSPITAL ADMINISTRATORS, PHYSICIANS,        4,002        

NURSES, OR OTHER CLINICAL PROFESSIONALS.                           4,003        

      MEMBERS OF THE COMMITTEE SHALL HAVE SUBSTANTIAL EXPERIENCE   4,005        

IN THE CATEGORIES THEY REPRESENT, SHALL BE RESIDENTS OF THIS       4,006        

STATE, AND MAY BE MEMBERS OF THE STATE BOARD OF EMERGENCY MEDICAL  4,007        

SERVICES.  IN APPOINTING MEMBERS OF THE COMMITTEE, THE DIRECTOR    4,008        

SHALL ATTEMPT TO INCLUDE MEMBERS REPRESENTING URBAN AND RURAL      4,009        

AREAS, VARIOUS GEOGRAPHICAL AREAS OF THE STATE, AND VARIOUS        4,010        

SCHOOLS OF TRAINING.  THE DIRECTOR SHALL NOT APPOINT TO THE        4,012        

COMMITTEE MORE THAN ONE MEMBER WHO IS EMPLOYED BY OR PRACTICES AT  4,013        

THE SAME HOSPITAL, HEALTH SYSTEM, OR EMERGENCY MEDICAL SERVICE     4,014        

ORGANIZATION.                                                                   

      THE DIRECTOR MAY REFUSE TO APPOINT ANY OF THE PERSONS        4,016        

                                                          95     


                                                                 
NOMINATED BY AN ORGANIZATION OR ORGANIZATIONS UNDER THIS           4,017        

DIVISION.  IN THAT EVENT, THE ORGANIZATION OR ORGANIZATIONS SHALL  4,019        

CONTINUE TO NOMINATE THE REQUIRED NUMBER OF PERSONS UNTIL THE      4,020        

DIRECTOR APPOINTS TO THE COMMITTEE ONE OR MORE OF THE PERSONS      4,021        

NOMINATED BY THE ORGANIZATION OR ORGANIZATIONS.                                 

      INITIAL APPOINTMENTS TO THE COMMITTEE SHALL BE MADE BY THE   4,023        

DIRECTOR NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF    4,024        

THIS SECTION.  MEMBERS OF THE COMMITTEE SHALL SERVE AT THE         4,025        

PLEASURE OF THE DIRECTOR, EXCEPT THAT ANY MEMBER OF THE COMMITTEE  4,026        

WHO CEASES TO BE QUALIFIED FOR THE POSITION TO WHICH THE MEMBER    4,027        

WAS APPOINTED SHALL CEASE TO BE A MEMBER OF THE COMMITTEE.         4,028        

VACANCIES ON THE COMMITTEE SHALL BE FILLED IN THE SAME MANNER AS   4,029        

ORIGINAL APPOINTMENTS.                                             4,030        

      THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT             4,032        

COMPENSATION, BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY     4,033        

EXPENSES INCURRED IN CARRYING OUT DUTIES AS MEMBERS OF THE         4,034        

COMMITTEE.                                                         4,035        

      THE COMMITTEE SHALL SELECT A CHAIRPERSON AND                 4,037        

VICE-CHAIRPERSON FROM AMONG ITS MEMBERS.  A MAJORITY OF ALL        4,038        

MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM.  NO ACTION     4,039        

SHALL BE TAKEN WITHOUT THE CONCURRENCE OF A MAJORITY OF ALL        4,040        

MEMBERS OF THE COMMITTEE.  THE COMMITTEE SHALL MEET AT THE CALL    4,041        

OF THE CHAIR, UPON WRITTEN REQUEST OF FIVE MEMBERS OF THE          4,042        

COMMITTEE, AND AT THE DIRECTION OF THE STATE BOARD OF EMERGENCY    4,043        

MEDICAL SERVICES.  THE COMMITTEE SHALL NOT MEET AT TIMES OR        4,044        

LOCATIONS THAT CONFLICT WITH MEETINGS OF THE BOARD.  THE           4,045        

EXECUTIVE DIRECTOR AND MEDICAL DIRECTOR OF THE STATE BOARD OF      4,046        

EMERGENCY MEDICAL SERVICES MAY PARTICIPATE IN ANY MEETING OF THE   4,047        

COMMITTEE AND SHALL DO SO AT THE REQUEST OF THE COMMITTEE.         4,048        

      THE COMMITTEE SHALL ADVISE AND ASSIST THE STATE BOARD OF     4,050        

EMERGENCY MEDICAL SERVICES IN MATTERS RELATED TO ADULT AND         4,052        

PEDIATRIC TRAUMA CARE AND THE ESTABLISHMENT AND OPERATION OF THE   4,054        

STATE TRAUMA REGISTRY.  IN MATTERS RELATING TO THE STATE TRAUMA    4,055        

REGISTRY, THE BOARD AND THE COMMITTEE SHALL CONSULT WITH TRAUMA    4,056        

                                                          96     


                                                                 
REGISTRARS FROM ADULT AND PEDIATRIC TRAUMA CENTERS IN THE STATE.                

THE COMMITTEE MAY APPOINT A SUBCOMMITTEE TO ADVISE AND ASSIST      4,058        

WITH THE TRAUMA REGISTRY.  THE SUBCOMMITTEE MAY INCLUDE PERSONS    4,059        

WITH EXPERTISE RELEVANT TO THE TRAUMA REGISTRY WHO ARE NOT         4,060        

MEMBERS OF THE BOARD OR COMMITTEE.                                 4,061        

      (C)  THE STATE BOARD OF EMERGENCY MEDICAL SERVICES MAY       4,064        

APPOINT OTHER COMMITTEES AND SUBCOMMITTEES AS IT CONSIDERS         4,065        

NECESSARY.                                                                      

      (D)  THE STATE BOARD OF EMERGENCY MEDICAL SERVICES, AND ANY  4,068        

OF ITS COMMITTEES OR SUBCOMMITTEES, MAY REQUEST ASSISTANCE FROM    4,069        

ANY STATE AGENCY.  THE BOARD AND ITS COMMITTEES AND SUBCOMMITTEES  4,070        

MAY PERMIT PERSONS WHO ARE NOT MEMBERS OF THOSE BODIES TO          4,071        

PARTICIPATE IN DELIBERATIONS OF THOSE BODIES, BUT NO PERSON WHO    4,072        

IS NOT A MEMBER OF THE BOARD SHALL VOTE ON THE BOARD AND NO        4,073        

PERSON WHO IS NOT A MEMBER OF A COMMITTEE CREATED UNDER DIVISION   4,074        

(A) OR (B) OF THIS SECTION SHALL VOTE ON THAT COMMITTEE.           4,077        

      (E)  SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO    4,079        

THE COMMITTEES ESTABLISHED UNDER DIVISION (A) OR (B) OF THIS       4,080        

SECTION.                                                                        

      Sec. 4765.05.  As used in this section, "prehospital         4,089        

emergency medical services" means an emergency medical services    4,090        

system that provides medical services to patients who require      4,091        

immediate assistance, because of illness or injury, prior to       4,092        

their arrival at an emergency medical facility.                    4,093        

      The state board of emergency medical services shall divide   4,095        

the state into prehospital emergency medical services regions for  4,096        

purposes of overseeing the delivery of ADULT AND PEDIATRIC         4,097        

prehospital emergency medical services.  These regions shall       4,098        

consist of the same geographic regions as the health service       4,099        

areas designated by the director of health under section 3702.58   4,100        

of the Revised Code. For each region, the board shall appoint      4,101        

either a physician to serve as the regional director or a          4,102        

physician advisory board to serve as the regional advisory board.  4,103        

The board shall specify the duties of each regional director and   4,104        

                                                          97     


                                                                 
regional advisory board. Regional directors and members of         4,105        

regional advisory boards shall serve without compensation, but     4,106        

shall be reimbursed for their actual and necessary expenses        4,107        

incurred in carrying out their duties as regional directors and    4,108        

members of regional advisory boards.                               4,109        

      Sec. 4765.06.  (A)  The state board of emergency medical     4,118        

services shall establish an emergency medical services incidence   4,119        

reporting system for the collection of information regarding the   4,120        

delivery of emergency medical services in this state and the       4,121        

frequency at which the services are provided.  All emergency       4,122        

medical service organizations shall submit to the board any        4,123        

information that the board determines is necessary for             4,124        

maintaining the incidence reporting system.                        4,125        

      (B)  The board shall establish a STATE trauma system         4,127        

registry to be used for the collection of information regarding    4,129        

the care of ADULT AND PEDIATRIC trauma victims in this state.      4,130        

The registry shall provide for the reporting of ADULT AND          4,132        

PEDIATRIC trauma-related deaths, identification of ADULT AND       4,133        

PEDIATRIC trauma patients, monitoring of ADULT AND PEDIATRIC       4,134        

trauma patient care data, determination of the total amount of     4,135        

uncompensated ADULT AND PEDIATRIC trauma care provided annually    4,136        

by each facility that provides care to trauma victims, and         4,137        

collection of any other information specified by the board.  All   4,138        

persons designated by the board shall submit to the board any                   

information it determines is necessary for maintaining the STATE   4,140        

TRAUMA registry.  At the request of the board any state agency                  

possessing information regarding ADULT OR PEDIATRIC trauma         4,141        

patient care shall provide the information to the board.  The      4,143        

board shall maintain the STATE TRAUMA registry in accordance with  4,144        

rules adopted under section 4765.11 of the Revised Code.           4,146        

      In accordance with standards established in rules adopted    4,148        

under section 4765.11 of the Revised Code, the board shall         4,149        

maintain the confidentiality of any information collected under    4,150        

this section that would identify a specific patient of emergency   4,151        

                                                          98     


                                                                 
medical services or trauma care, except as otherwise provided in   4,152        

section 149.43 of the Revised Code.                                4,153        

      RULES RELATING TO THE STATE TRAUMA REGISTRY ADOPTED UNDER    4,155        

THIS SECTION AND SECTION 4765.11 OF THE REVISED CODE SHALL NOT     4,156        

PROHIBIT THE OPERATION OF OTHER TRAUMA REGISTRIES AND MAY PROVIDE  4,157        

FOR THE REPORTING OF INFORMATION TO THE STATE TRAUMA REGISTRY BY   4,159        

OR THROUGH OTHER TRAUMA REGISTRIES IN A MANNER CONSISTENT WITH                  

INFORMATION OTHERWISE REPORTED TO THE STATE TRAUMA REGISTRY.       4,160        

OTHER TRAUMA REGISTRIES MAY REPORT AGGREGATE INFORMATION TO THE    4,161        

STATE TRAUMA REGISTRY, PROVIDED THE INFORMATION CAN BE MATCHED TO  4,162        

THE PERSON THAT REPORTED IT.  INFORMATION MAINTAINED BY ANOTHER    4,163        

TRAUMA REGISTRY AND REPORTED TO THE STATE TRAUMA REGISTRY IN LIEU  4,164        

OF BEING REPORTED DIRECTLY TO THE STATE TRAUMA REGISTRY IS A       4,166        

PUBLIC RECORD AND SHALL BE MAINTAINED, MADE AVAILABLE TO THE                    

PUBLIC, HELD IN CONFIDENCE, RISK ADJUSTED, AND NOT SUBJECT TO      4,167        

DISCOVERY OR INTRODUCTION INTO EVIDENCE IN A CIVIL ACTION AS       4,169        

PROVIDED IN SECTION 149.43 OF THE REVISED CODE AND THIS SECTION.   4,170        

ANY PERSON WHO PROVIDES, MAINTAINS, OR RISK ADJUSTS SUCH                        

INFORMATION SHALL COMPLY WITH THIS SECTION AND RULES ADOPTED       4,172        

UNDER IT IN PERFORMING THAT FUNCTION AND HAS THE SAME IMMUNITIES   4,174        

WITH RESPECT TO THAT FUNCTION AS A PERSON WHO PERFORMS THAT        4,175        

FUNCTION WITH RESPECT TO THE STATE TRAUMA REGISTRY.                             

      (C)  THE BOARD AND ANY EMPLOYEE OR CONTRACTOR OF THE BOARD   4,178        

OR THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT MAKE PUBLIC           4,179        

INFORMATION IT RECEIVES UNDER CHAPTER 4765. OF THE REVISED CODE    4,182        

THAT IDENTIFIES OR WOULD TEND TO IDENTIFY A SPECIFIC RECIPIENT OF  4,183        

EMERGENCY MEDICAL SERVICES OR ADULT OR PEDIATRIC TRAUMA CARE.      4,184        

      (D)  NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF    4,187        

THIS AMENDMENT, THE BOARD SHALL ADOPT AND IMPLEMENT RULES UNDER    4,188        

SECTION 4765.11 OF THE REVISED CODE THAT PROVIDE WRITTEN           4,189        

STANDARDS AND PROCEDURES FOR RISK ADJUSTMENT OF INFORMATION        4,190        

RECEIVED BY THE BOARD UNDER CHAPTER 4765. OF THE REVISED CODE.     4,193        

THE RULES SHALL BE DEVELOPED IN CONSULTATION WITH APPROPRIATE      4,195        

MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL SERVICE ORGANIZATIONS     4,196        

                                                          99     


                                                                 
AND MAY PROVIDE FOR RISK ADJUSTMENT BY A CONTRACTOR OF THE BOARD.  4,197        

BEFORE RISK ADJUSTMENT STANDARDS AND PROCEDURES ARE IMPLEMENTED,   4,198        

NO MEMBER OF THE BOARD AND NO EMPLOYEE OR CONTRACTOR OF THE BOARD  4,199        

OR THE DEPARTMENT OF PUBLIC SAFETY SHALL MAKE PUBLIC INFORMATION   4,200        

RECEIVED BY THE BOARD UNDER CHAPTER 4765. OF THE REVISED CODE      4,202        

THAT IDENTIFIES OR WOULD TEND TO IDENTIFY A SPECIFIC PROVIDER OF   4,203        

EMERGENCY MEDICAL SERVICES OR ADULT OR PEDIATRIC TRAUMA CARE.      4,204        

AFTER RISK ADJUSTMENT STANDARDS AND PROCEDURES ARE IMPLEMENTED,    4,206        

THE BOARD SHALL MAKE PUBLIC SUCH INFORMATION ONLY ON A RISK        4,207        

ADJUSTED BASIS.                                                                 

      (E)  THE BOARD SHALL ADOPT RULES UNDER SECTION 4765.11 OF    4,210        

THE REVISED CODE THAT SPECIFY PROCEDURES FOR ENSURING THE          4,212        

CONFIDENTIALITY OF INFORMATION THAT IS NOT TO BE MADE PUBLIC       4,213        

UNDER THIS SECTION.  THE RULES SHALL SPECIFY THE CIRCUMSTANCES IN  4,214        

WHICH DELIBERATIONS OF THE PERSONS PERFORMING RISK ADJUSTMENT      4,215        

FUNCTIONS UNDER THIS SECTION ARE NOT OPEN TO THE PUBLIC AND        4,216        

RECORDS OF THOSE DELIBERATIONS ARE MAINTAINED IN CONFIDENCE.       4,217        

NOTHING IN THIS SECTION PROHIBITS THE BOARD FROM MAKING PUBLIC     4,218        

STATISTICAL INFORMATION THAT DOES NOT IDENTIFY OR TEND TO          4,219        

IDENTIFY A SPECIFIC RECIPIENT OR PROVIDER OF EMERGENCY MEDICAL     4,220        

SERVICES OR ADULT OR PEDIATRIC TRAUMA CARE.                        4,221        

      (F)  No provider that furnishes information, data, reports,  4,223        

or records to the board with respect to any patient the provider   4,224        

examined or treated shall, because of this furnishing, be deemed   4,225        

liable in damages to any person or be held to answer for betrayal  4,226        

of a professional confidence pursuant to section 4731.22 of the    4,227        

Revised Code IN THE ABSENCE OF WILLFUL OR WANTON MISCONDUCT.  No   4,228        

such information, data, reports, or records shall be subject to    4,230        

introduction in evidence in any civil action against the           4,231        

provider.  No provider that furnishes information, data, reports,  4,232        

or records to the board shall be liable for the misuse or          4,233        

improper release of the information, data, reports, or records by  4,234        

the board, any other public agency, or any other person.           4,235        

      This section does not restrict, and shall not be construed   4,237        

                                                          100    


                                                                 
to restrict, public access to any information used or considered   4,238        

by the board in preparing any report, unless the information is    4,239        

not a public record under section 149.43 of the Revised Code NO    4,241        

PERSON WHO PERFORMS RISK ADJUSTMENT FUNCTIONS UNDER THIS SECTION                

SHALL, BECAUSE OF PERFORMING SUCH FUNCTIONS, BE HELD LIABLE IN A   4,242        

CIVIL ACTION FOR BETRAYAL OF PROFESSIONAL CONFIDENCE OR OTHERWISE  4,243        

IN THE ABSENCE OF WILLFUL OR WANTON MISCONDUCT.                    4,244        

      Sec. 4765.07.  (A)  The state board of emergency medical     4,253        

services shall establish an emergency medical services ADOPT       4,254        

RULES UNDER SECTION 4765.11 OF THE REVISED CODE TO ESTABLISH AND   4,255        

ADMINISTER A grant program under which grants are equitably        4,256        

distributed ACCORDING TO THE FOLLOWING PRIORITIES:                 4,257        

      (1)  FIRST PRIORITY SHALL BE GIVEN to emergency medical      4,260        

service organizations for the training of their personnel, for     4,261        

the purchase of equipment AND VEHICLES, and to improve the         4,262        

availability, accessibility, and quality of emergency medical      4,263        

services in this state.  The IN THIS CATEGORY, THE BOARD SHALL     4,265        

GIVE PRIORITY TO GRANTS THAT FUND TRAINING AND EQUIPPING OF        4,266        

EMERGENCY MEDICAL SERVICE PERSONNEL.                               4,267        

      (2)  SECOND PRIORITY SHALL BE GIVEN TO ENTITIES THAT         4,269        

RESEARCH THE CAUSES, NATURE, AND EFFECTS OF TRAUMATIC INJURIES,    4,270        

EDUCATE THE PUBLIC ABOUT INJURY PREVENTION, AND IMPLEMENT, TEST,   4,271        

AND EVALUATE INJURY PREVENTION STRATEGIES.                         4,272        

      (3)  THIRD PRIORITY SHALL BE GIVEN TO ENTITIES THAT          4,274        

RESEARCH, TEST, AND EVALUATE PROCEDURES THAT PROMOTE THE           4,275        

REHABILITATION, RETRAINING, AND REEMPLOYMENT OF ADULT OR           4,276        

PEDIATRIC TRAUMA VICTIMS AND SOCIAL SERVICE SUPPORT MECHANISMS     4,277        

FOR ADULT OR PEDIATRIC TRAUMA VICTIMS AND THEIR FAMILIES.          4,278        

      (4)  FOURTH PRIORITY SHALL BE GIVEN TO ENTITIES THAT         4,280        

RESEARCH, TEST, AND EVALUATE MEDICAL PROCEDURES RELATED TO ADULT   4,282        

AND PEDIATRIC TRAUMA CARE.                                                      

      (B)  THE grant program shall be funded with moneys provided  4,286        

under FROM THE TRAUMA AND EMERGENCY MEDICAL SERVICES GRANTS FUND   4,287        

CREATED BY section 4513.263 of the Revised Code.  The board shall  4,288        

                                                          101    


                                                                 
administer the grant program in accordance with procedures         4,289        

established in rules adopted under section 4765.11 of the Revised  4,290        

Code.  The board shall give priority, in distributing grants, to   4,291        

those grants that will be used to provide training to personnel.   4,292        

      Sec. 4765.09.  The state board of emergency medical          4,301        

services shall prepare recommendations for the operation of        4,302        

ambulance service organizations, AIR MEDICAL ORGANIZATIONS, and    4,304        

emergency medical service organizations.  Within thirty days       4,305        

following each meeting of the board THE PREPARATION OR             4,306        

MODIFICATION OF RECOMMENDATIONS, the board shall notify the board  4,307        

of county commissioners of any county, the board of township       4,309        

trustees of any township, the board of trustees of any joint       4,310        

ambulance district, or the board of trustees of any joint          4,311        

emergency medical services district in which there exist           4,312        

ambulance service organizations, AIR MEDICAL ORGANIZATIONS, or     4,313        

emergency medical service organizations of any board               4,315        

recommendations for the operation of such organizations. The       4,316        

recommendations shall include, but not be limited to:                           

      (A)  The definition and classification of ambulances AND     4,318        

MEDICAL AIRCRAFT;                                                  4,319        

      (B)  The design, equipment, and supplies for ambulances AND  4,321        

MEDICAL AIRCRAFT, INCLUDING SPECIAL EQUIPMENT, SUPPLIES,           4,322        

TRAINING, AND STAFFING REQUIRED TO ASSIST PEDIATRIC AND GERIATRIC  4,323        

EMERGENCY VICTIMS;                                                              

      (C)  The minimum number and type of personnel for the        4,325        

operation of ambulances AND MEDICAL AIRCRAFT;                      4,326        

      (D)  The communication systems necessary for the operation   4,328        

of ambulances AND MEDICAL AIRCRAFT;                                4,329        

      (E)  Reports to be made by persons holding certificates of   4,331        

accreditation or approval issued under section 4765.17 of the      4,332        

Revised Code and certificates to practice issued under section     4,333        

4765.30 of the Revised Code to ascertain compliance with this      4,334        

chapter and the rules and recommendations adopted thereunder and   4,335        

to ascertain the quantity and quality of ambulance service         4,336        

                                                          102    


                                                                 
organizations, AIR MEDICAL ORGANIZATIONS, and emergency medical    4,338        

service organizations throughout the state.                        4,339        

      Sec. 4765.10.  (A)  The state board of emergency medical     4,348        

services shall do all of the following:                            4,349        

      (1)  Administer and enforce the provisions of this chapter   4,351        

and the rules adopted under it;                                    4,352        

      (2)  Approve, in accordance with procedures established in   4,354        

rules adopted under section 4765.11 of the Revised Code,           4,355        

examinations that demonstrate competence to have a certificate to  4,356        

practice renewed without completing a continuing education         4,357        

program;                                                           4,358        

      (3)  Advise applicants for state or federal emergency        4,360        

medical services funds, review and comment on applications for     4,361        

these funds, and approve the use of all state and federal funds    4,362        

designated solely for emergency medical service programs unless    4,363        

federal law requires another state agency to approve the use of    4,364        

all such federal funds;                                            4,365        

      (4)  Serve as a statewide clearinghouse for discussion,      4,367        

inquiry, and complaints concerning emergency medical services;     4,368        

      (5)  Make recommendations to the general assembly on         4,370        

legislation to improve the delivery of emergency medical           4,371        

services;                                                          4,372        

      (6)  Maintain a toll-free long distance telephone number     4,374        

through which it shall respond to questions about emergency        4,375        

medical services;                                                  4,376        

      (7)  Work with the APPROPRIATE state fire marshal's office   4,379        

OFFICES in coordinating the training of firefighters and           4,380        

emergency medical services SERVICE personnel when possible.  The   4,382        

office OTHER STATE OFFICES THAT ARE INVOLVED IN THE TRAINING OF    4,384        

FIREFIGHTERS OR EMERGENCY MEDICAL SERVICE PERSONNEL shall          4,385        

cooperate with the board AND ITS COMMITTEES AND SUBCOMMITTEES to   4,386        

achieve this goal.                                                              

      (8)  Provide a liaison to the state emergency operation      4,388        

center during those periods when a disaster, as defined in         4,389        

                                                          103    


                                                                 
section 5502.21 of the Revised Code, has occurred in this state    4,390        

and the governor has declared an emergency as defined in that      4,391        

section.                                                                        

      (B)  The board may do any of the following:                  4,393        

      (1)  Investigate complaints concerning emergency medical     4,395        

services and emergency medical service organizations as it         4,396        

determines necessary;                                              4,397        

      (2)  Enter into reciprocal agreements with other states      4,399        

that have standards for accreditation of emergency medical         4,400        

services training programs and for certification of first          4,402        

responders, EMTs-basic, EMTs-I, paramedics, firefighters, or fire  4,403        

safety inspectors that are substantially similar to those          4,405        

established under this chapter and the rules adopted under it;     4,406        

      (3)  Establish a statewide public information system and     4,408        

public education programs regarding emergency medical services;    4,409        

      (4)  Establish an injury prevention program.                 4,411        

      (C)  In accordance with rules adopted under section 4765.11  4,413        

of the Revised Code, the board shall maintain the confidentiality  4,414        

of any information it collects or receives under this chapter      4,415        

that would identify a specific patient or recipient of emergency   4,416        

medical services or trauma care, except as otherwise provided in   4,417        

section 149.43 of the Revised Code.  In any report prepared by     4,418        

the board, information regarding patients or recipients of         4,419        

emergency medical services or trauma care shall be presented only  4,420        

in aggregate statistical form.                                     4,421        

      Sec. 4765.11.  (A)  The state board of emergency medical     4,430        

services shall adopt, and may amend and rescind, rules in          4,431        

accordance with Chapter 119. of the Revised Code and division (C)  4,432        

of this section that establish all of the following:               4,433        

      (1)  Procedures for its governance and the control of its    4,435        

actions and business affairs;                                      4,436        

      (2)  Standards for the performance of emergency medical      4,438        

services by first responders, emergency medical                    4,439        

technicians-basic, emergency medical technicians-intermediate,     4,440        

                                                          104    


                                                                 
and emergency medical technicians-paramedic;                       4,441        

      (3)  Application fees for certificates of accreditation,     4,443        

certificates of approval, certificates to teach, and certificates  4,444        

to practice, which shall be deposited into the TRAUMA AND          4,445        

emergency medical services fund created in section 4513.263 of     4,447        

the Revised Code;                                                               

      (4)  Procedures CRITERIA for determining when the            4,449        

application or renewal fee for a certificate to practice may be    4,450        

waived because an applicant cannot afford to pay the fee;          4,451        

      (5)  Procedures for issuance and renewal of certificates of  4,453        

accreditation, certificates of approval, certificates to teach,    4,454        

and certificates to practice, INCLUDING ANY PROCEDURES NECESSARY   4,455        

TO ENSURE THAT ADEQUATE NOTICE OF RENEWAL IS PROVIDED IN           4,456        

ACCORDANCE WITH DIVISION (D) OF SECTION 4765.30 OF THE REVISED     4,457        

CODE;                                                                           

      (6)  Procedures for suspending or revoking certificates of   4,459        

accreditation, certificates of approval, certificates to teach,    4,460        

and certificates to practice;                                      4,461        

      (7)  Grounds for suspension or revocation of a certificate   4,463        

to practice issued under section 4765.30 of the Revised Code and   4,464        

for taking any other disciplinary action against a first           4,465        

responder, EMT-basic, EMT-I, or paramedic;                         4,466        

      (8)  Procedures for taking disciplinary action against a     4,468        

first responder, EMT-basic, EMT-I, or paramedic;                   4,469        

      (9)  Standards for certificates of accreditation and         4,471        

certificates of approval;                                          4,472        

      (10)  Qualifications for certificates to teach;              4,474        

      (11)  Requirements for a certificate to practice;            4,476        

      (12)  The curricula, number of hours of instruction and      4,478        

training, and instructional materials to be used in ADULT AND      4,479        

PEDIATRIC emergency medical services training programs and ADULT   4,481        

AND PEDIATRIC emergency medical services continuing education      4,483        

programs;                                                                       

      (13)  Procedures for conducting courses in recognizing       4,485        

                                                          105    


                                                                 
symptoms of life-threatening allergic reactions and in             4,486        

calculating proper dosage levels and administering injections of   4,487        

epinephrine to persons ADULT AND PEDIATRIC PATIENTS who suffer     4,488        

life-threatening allergic reactions;                               4,490        

      (14)  Examinations for certificates to practice;             4,492        

      (15)  Procedures for administering examinations for          4,494        

certificates to practice;                                          4,495        

      (16)  Procedures for approving examinations that             4,497        

demonstrate competence to have a certificate to practice renewed   4,498        

without completing an emergency medical services continuing        4,499        

education program;                                                 4,500        

      (17)  Procedures for granting extensions and exemptions of   4,502        

emergency medical services continuing education requirements;      4,503        

      (18)  Procedures for approving the additional emergency      4,505        

medical services first responders are authorized by division (C)   4,506        

of section 4765.35 of the Revised Code to perform, EMTs-basic are  4,507        

authorized by division (C) of section 4765.37 of the Revised Code  4,509        

to perform, EMTs-I are authorized by division (B)(5) of section    4,510        

4765.38 of the Revised Code to perform, and paramedics are                      

authorized by division (B)(6) of section 4765.39 of the Revised    4,511        

Code to perform;                                                                

      (19)  Standards and procedures for maintaining the trauma    4,513        

system registry established under IMPLEMENTING THE REQUIREMENTS    4,514        

OF section 4765.06 of the Revised Code, including designations of  4,516        

the persons who are required to report information to the board    4,517        

and the types of information to be reported;                       4,518        

      (20)  Standards for protecting the confidentiality of all    4,520        

information the board collects or receives under this chapter      4,521        

that would identify a specific patient or recipient of emergency   4,522        

medical services or trauma care, except as otherwise provided in   4,523        

section 149.43 of the Revised Code;                                4,524        

      (21)  Procedures for administering the emergency medical     4,526        

services grant program established under section 4765.07 of the    4,527        

Revised Code;                                                      4,528        

                                                          106    


                                                                 
      (22)(21)  Procedures consistent with Chapter 119. of the     4,530        

Revised Code for appealing decisions of the board;                 4,531        

      (22)  MINIMUM QUALIFICATIONS AND PEER REVIEW AND QUALITY     4,533        

IMPROVEMENT REQUIREMENTS FOR PERSONS WHO PROVIDE MEDICAL           4,534        

DIRECTION TO EMERGENCY MEDICAL SERVICE PERSONNEL.                  4,535        

      (B)  The board may adopt, and may amend and rescind, rules   4,537        

in accordance with Chapter 119. of the Revised Code and division   4,538        

(C) of this section that establish the following:                  4,539        

      (1)  Specifications of information that may be collected     4,541        

under the trauma system registry and incidence reporting system    4,542        

created under section 4765.06 of the Revised Code;                 4,543        

      (2)  Standards and procedures for implementing any of the    4,545        

recommendations made by the advisory groups established ANY        4,546        

COMMITTEES OF THE BOARD OR under section 4765.04 4765.57 of the    4,548        

Revised Code;                                                                   

      (3)  Requirements that a person must meet to receive a       4,550        

certificate to practice as a first responder pursuant to division  4,551        

(A)(2) of section 4765.30 of the Revised Code;                     4,552        

      (4)  Any other rules necessary to implement this chapter.    4,554        

      (C)  IN DEVELOPING AND ADMINISTERING RULES ADOPTED UNDER     4,556        

THIS CHAPTER, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL  4,557        

CONSULT WITH REGIONAL DIRECTORS AND REGIONAL PHYSICIAN ADVISORY    4,558        

BOARDS CREATED BY SECTION 4765.05 OF THE REVISED CODE AND          4,559        

EMPHASIZE THE SPECIAL NEEDS OF PEDIATRIC AND GERIATRIC PATIENTS.   4,561        

      (D)  Except as otherwise provided in this division, before   4,563        

adopting, amending, or rescinding any rule under this chapter,     4,564        

the board shall submit the proposed rule to the director of        4,565        

public safety for review.  The director may review the proposed    4,567        

rule for not more than sixty days after the date it is submitted.  4,568        

If, within this sixty-day period, the director approves the        4,569        

proposed rule or does not notify the board that the rule is                     

disapproved, the board may adopt, amend, or rescind the rule as    4,571        

proposed.  If, within this sixty-day period, the director                       

notifies the board that the proposed rule is disapproved, the      4,572        

                                                          107    


                                                                 
board shall not adopt, amend, or rescind the rule as proposed      4,573        

unless at least twelve members of the board vote to adopt, amend,  4,574        

or rescind it.                                                     4,575        

      This division does not apply to an emergency rule adopted    4,577        

in accordance with section 119.03 of the Revised Code.             4,578        

      Sec. 4765.12.  (A)  NOT LATER THAN TWO YEARS AFTER THE       4,581        

EFFECTIVE DATE OF THIS SECTION, THE STATE BOARD OF EMERGENCY                    

MEDICAL SERVICES SHALL DEVELOP AND DISTRIBUTE GUIDELINES FOR THE   4,583        

CARE OF TRAUMA VICTIMS BY EMERGENCY MEDICAL SERVICE PERSONNEL AND  4,584        

FOR THE CONDUCT OF PEER REVIEW AND QUALITY ASSURANCE PROGRAMS BY   4,585        

EMERGENCY MEDICAL SERVICE ORGANIZATIONS.  THE GUIDELINES SHALL BE  4,586        

CONSISTENT WITH THE STATE TRAUMA TRIAGE PROTOCOLS ADOPTED IN       4,587        

RULES UNDER SECTIONS 4765.11 AND 4765.40 OF THE REVISED CODE AND   4,589        

SHALL PLACE EMPHASIS ON THE SPECIAL NEEDS OF PEDIATRIC AND         4,590        

GERIATRIC TRAUMA VICTIMS.  IN DEVELOPING THE GUIDELINES, THE       4,591        

BOARD SHALL CONSULT WITH ENTITIES WITH INTERESTS IN TRAUMA AND     4,592        

EMERGENCY MEDICAL SERVICES AND SHALL CONSIDER ANY RELEVANT         4,593        

GUIDELINES ADOPTED BY NATIONAL ORGANIZATIONS, INCLUDING THE        4,595        

AMERICAN COLLEGE OF SURGEONS, AMERICAN COLLEGE OF EMERGENCY        4,596        

PHYSICIANS, AND AMERICAN ACADEMY OF PEDIATRICS.  THE BOARD SHALL   4,598        

DISTRIBUTE THE GUIDELINES, AND AMENDMENTS TO THE GUIDELINES, TO    4,599        

EACH EMERGENCY MEDICAL SERVICE ORGANIZATION, REGIONAL DIRECTOR,    4,600        

REGIONAL PHYSICIAN ADVISORY BOARD, CERTIFIED EMERGENCY MEDICAL     4,601        

SERVICE INSTRUCTOR, AND PERSON WHO REGULARLY PROVIDES MEDICAL                   

DIRECTION TO EMERGENCY MEDICAL SERVICE PERSONNEL IN THIS STATE.    4,602        

      (B)  NOT LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF  4,605        

THIS SECTION, EACH EMERGENCY MEDICAL SERVICE ORGANIZATION IN THIS  4,606        

STATE SHALL IMPLEMENT ONGOING PEER REVIEW AND QUALITY ASSURANCE    4,607        

PROGRAMS DESIGNED TO IMPROVE THE AVAILABILITY AND QUALITY OF THE   4,608        

EMERGENCY MEDICAL SERVICES IT PROVIDES.  THE FORM AND CONTENT OF   4,609        

THE PROGRAMS SHALL BE DETERMINED BY EACH EMERGENCY MEDICAL         4,610        

SERVICE ORGANIZATION.  IN IMPLEMENTING THE PROGRAMS, EACH          4,611        

EMERGENCY MEDICAL SERVICE ORGANIZATION SHALL CONSIDER HOW TO       4,612        

IMPROVE ITS ABILITY TO PROVIDE EFFECTIVE TRAUMA CARE,              4,613        

                                                          108    


                                                                 
PARTICULARLY FOR PEDIATRIC AND GERIATRIC TRAUMA VICTIMS, AND       4,614        

SHALL TAKE INTO ACCOUNT THE TRAUMA CARE GUIDELINES DEVELOPED BY    4,615        

THE STATE BOARD OF EMERGENCY MEDICAL SERVICES UNDER THIS SECTION.  4,617        

      INFORMATION GENERATED SOLELY FOR USE IN A PEER REVIEW OR     4,619        

QUALITY ASSURANCE PROGRAM CONDUCTED ON BEHALF OF AN EMERGENCY      4,620        

MEDICAL SERVICE ORGANIZATION IS NOT A PUBLIC RECORD UNDER SECTION  4,621        

149.43 OF THE REVISED CODE.  SUCH INFORMATION, AND ANY DISCUSSION  4,623        

CONDUCTED IN THE COURSE OF A PEER REVIEW OR QUALITY ASSURANCE      4,624        

PROGRAM CONDUCTED ON BEHALF OF AN EMERGENCY MEDICAL SERVICE        4,626        

ORGANIZATION, IS NOT SUBJECT TO DISCOVERY IN A CIVIL ACTION AND    4,627        

SHALL NOT BE INTRODUCED INTO EVIDENCE IN A CIVIL ACTION AGAINST    4,628        

THE EMERGENCY MEDICAL SERVICE ORGANIZATION ON WHOSE BEHALF THE     4,629        

INFORMATION WAS GENERATED OR THE DISCUSSION OCCURRED.                           

      NO EMERGENCY MEDICAL SERVICE ORGANIZATION ON WHOSE BEHALF A  4,631        

PEER REVIEW OR QUALITY ASSURANCE PROGRAM IS CONDUCTED, AND NO      4,632        

PERSON WHO CONDUCTS SUCH A PROGRAM, BECAUSE OF PERFORMING SUCH     4,633        

FUNCTIONS, SHALL BE LIABLE IN A CIVIL ACTION FOR BETRAYAL OF       4,634        

PROFESSIONAL CONFIDENCE OR OTHERWISE IN THE ABSENCE OF WILLFUL OR  4,635        

WANTON MISCONDUCT.                                                              

      Sec. 4765.15.  A person seeking to operate an emergency      4,644        

medical services training program shall submit a completed         4,645        

application for accreditation to the state board of emergency      4,646        

medical services on a form the board shall prescribe and furnish.  4,647        

The application shall be accompanied by the appropriate            4,648        

application fee established in rules adopted under section         4,649        

4765.11 of the Revised Code.                                       4,650        

      A person seeking to operate an emergency medical services    4,652        

continuing education program shall submit a completed application  4,653        

for approval to the board on a form the board shall prescribe and  4,654        

furnish.  The application shall be accompanied by the appropriate  4,655        

application fee established in rules adopted under section         4,656        

4765.11 of the Revised Code.                                       4,657        

      The board shall administer the accreditation and approval    4,659        

processes pursuant to rules adopted under section 4765.11 of the   4,660        

                                                          109    


                                                                 
Revised Code.  In administering these processes, the board may     4,661        

authorize OTHER persons or other entities to evaluate              4,662        

applications for accreditation or approval and may accept the      4,663        

recommendations made by the entities THOSE PERSONS.                4,665        

      The board may cause an investigation to be made into the     4,667        

accuracy of the information submitted in any application for       4,668        

accreditation or approval.  If an investigation indicates that     4,669        

false, misleading, or incomplete information has been submitted    4,670        

to the board in connection with any application for accreditation  4,671        

or approval, the board shall conduct a hearing on the matter in    4,672        

accordance with Chapter 119. of the Revised Code.                  4,673        

      Sec. 4765.16.  (A)  All courses offered through an           4,682        

emergency medical services training program or an emergency        4,683        

medical services continuing education program, other than          4,684        

ambulance driving, shall be developed under the direction of a     4,685        

physician who specializes in emergency medicine.  EACH COURSE      4,686        

THAT DEALS WITH TRAUMA CARE SHALL BE DEVELOPED IN CONSULTATION     4,688        

WITH A PHYSICIAN WHO SPECIALIZES IN TRAUMA SURGERY.  On and after  4,689        

the date the state board of emergency medical services begins      4,690        

issuing certificates to teach under section 4765.23 of the         4,691        

Revised Code, each EACH course offered through a training program  4,692        

or continuing education program shall be taught by a person who    4,694        

holds the appropriate certificate to teach issued under that       4,695        

section 4765.23 OF THE REVISED CODE.                               4,696        

      (B)  A training program for first responders shall meet the  4,698        

standards established in rules adopted by the STATE board OF       4,699        

EMERGENCY MEDICAL SERVICES under section 4765.11 of the Revised    4,700        

Code.  The program shall include courses in both of the following  4,701        

areas for at least the number of hours established by the board's  4,702        

rules:                                                                          

      (1)  Emergency victim care;                                  4,704        

      (2)  Reading and interpreting a trauma victim's vital        4,706        

signs.                                                                          

      (C)  A training program for emergency medical                4,708        

                                                          110    


                                                                 
technicians-basic shall meet the standards established in rules    4,709        

adopted by the state board of emergency medical services under     4,710        

section 4765.11 of the Revised Code.  The program shall include    4,712        

courses in each of the following areas for at least the number of  4,713        

hours established by the board's rules:                                         

      (1)  Emergency victim care;                                  4,715        

      (2)  Reading and interpreting a trauma victim's vital        4,717        

signs;                                                             4,718        

      (3)  TRIAGE PROTOCOLS FOR ADULT AND PEDIATRIC TRAUMA         4,720        

VICTIMS;                                                                        

      (4)  In-hospital training;                                   4,722        

      (4)(5)  Clinical training;                                   4,724        

      (5)(6)  Training as an ambulance driver.                     4,726        

      Each operator of a training program for emergency medical    4,728        

technicians-basic shall allow any pupil in the twelfth grade in a  4,730        

secondary school who is at least seventeen years old and who                    

otherwise meets the requirements for admission into such a         4,731        

training program to be admitted to and complete the program and,   4,732        

as part of the training, to ride in an ambulance with emergency    4,733        

medical technicians-basic, emergency medical                       4,734        

technicians-intermediate, and emergency medical                    4,735        

technicians-paramedic.  Each emergency medical service                          

organization shall allow pupils participating in training          4,736        

programs to ride in an ambulance with emergency medical            4,737        

technicians-basic, advanced emergency medical                                   

technicians-intermediate, and emergency medical                    4,738        

technicians-paramedic.                                             4,739        

      (D)  A training program for emergency medical                4,741        

technicians-intermediate shall meet the standards established in   4,742        

rules adopted by the board under section 4765.11 of the Revised    4,743        

Code.  The program shall include, OR REQUIRE AS A PREREQUISITE,    4,744        

THE TRAINING SPECIFIED IN DIVISION (C) OF THIS SECTION AND         4,745        

courses in each of the following areas for at least the number of  4,746        

hours established by the board's rules:                            4,747        

                                                          111    


                                                                 
      (1)  Recognizing symptoms of life-threatening allergic       4,749        

reactions and in calculating proper dosage levels and              4,750        

administering injections of epinephrine to persons who suffer      4,751        

life-threatening allergic reactions, conducted in accordance with  4,752        

rules adopted by the board under section 4765.11 of the Revised    4,753        

Code;                                                              4,754        

      (2)  Venous access procedures;                               4,756        

      (3)  Cardiac monitoring and electrical interventions to      4,758        

support or correct the cardiac function.                           4,759        

      (E)  A training program for emergency medical                4,761        

technicians-paramedic shall meet the standards established in      4,762        

rules adopted by the board under section 4765.11 of the Revised    4,763        

Code.  The program shall include, OR REQUIRE AS A PREREQUISITE,    4,764        

THE TRAINING SPECIFIED IN DIVISIONS (C) AND (D) OF THIS SECTION    4,765        

AND courses in each of the following areas for at least the        4,767        

number of hours established by the board's rules:                  4,768        

      (1)  Medical terminology;                                    4,770        

      (2)  Venous access procedures;                               4,772        

      (3)  Airway procedures;                                      4,774        

      (4)  Patient assessment and triage;                          4,776        

      (5)  Acute cardiac care, including administration of         4,778        

parenteral injections, electrical interventions, and other         4,779        

emergency medical services;                                        4,780        

      (6)  Emergency and trauma victim care beyond that required   4,782        

under division (B)(C) of this section;                             4,783        

      (7)  Clinical training beyond that required under division   4,785        

(B)(C) of this section.                                            4,786        

      (F)  A continuing education program for first responders,    4,789        

EMTs-basic, EMTs-I, or paramedics shall meet the standards         4,790        

established in rules adopted by the board under section 4765.11    4,791        

of the Revised Code.  A continuing education program shall         4,792        

include instruction and training in subjects established by the    4,793        

board's rules for at least the number of hours established by the  4,794        

board's rules.                                                                  

                                                          112    


                                                                 
      Sec. 4765.30.  (A)(1)  The state board of emergency medical  4,803        

services shall issue a certificate to practice as a first          4,805        

responder to an applicant who meets all of the following           4,806        

conditions:                                                                     

      (a)  Except as provided in division (A)(2) of this section,  4,809        

is a volunteer for a nonprofit emergency medical service                        

organization or a nonprofit fire department;                       4,810        

      (b)  Holds the appropriate certificate of completion issued  4,812        

in accordance with section 4765.24 of the Revised Code;            4,813        

      (c)  Passes the appropriate examination conducted under      4,815        

section 4765.29 of the Revised Code;                               4,816        

      (d)  Is not in violation of any provision of this chapter    4,818        

or the rules adopted under it;                                     4,819        

      (e)  Meets any other certification requirements established  4,821        

in rules adopted under section 4765.11 of the Revised Code.        4,823        

      (2)  The board may waive the requirement to be a volunteer   4,825        

for a nonprofit entity if the applicant meets other requirements   4,826        

established in rules adopted under division (B)(3) of section      4,827        

4765.11 of the Revised Code relative to a person's eligibility to  4,828        

practice as a first responder.                                                  

      (B)  The state board of emergency medical services shall     4,830        

issue a certificate to practice as an emergency medical            4,831        

technician-basic to an applicant who meets all of the following    4,832        

conditions:                                                                     

      (1)  Holds a certificate of completion in emergency medical  4,834        

services training-basic issued in accordance with section 4765.24  4,835        

of the Revised Code;                                               4,836        

      (2)  Passes the examination for emergency medical            4,838        

technicians-basic conducted under section 4765.29 of the Revised   4,839        

Code;                                                                           

      (3)  Is not in violation of any provision of this chapter    4,841        

or the rules adopted under it;                                     4,842        

      (4)  Meets any other certification requirements established  4,844        

in rules adopted under section 4765.11 of the Revised Code.        4,845        

                                                          113    


                                                                 
      (C)  The state board of emergency medical services shall     4,847        

issue a certificate to practice as an emergency medical            4,849        

technician-intermediate or emergency medical technician-paramedic               

to an applicant who meets all of the following conditions:         4,850        

      (1)  Holds a certificate to practice as an emergency         4,852        

medical technician-basic;                                          4,853        

      (2)  Holds the appropriate certificate of completion issued  4,855        

in accordance with section 4765.24 of the Revised Code;            4,856        

      (3)  Passes the appropriate examination conducted under      4,858        

section 4765.29 of the Revised Code;                               4,859        

      (4)  Is not in violation of any provision of this chapter    4,861        

or the rules adopted under it;                                     4,862        

      (5)  Meets any other certification requirements established  4,864        

in rules adopted under section 4765.11 of the Revised Code.        4,865        

      (D)  A certificate to practice is valid for three years and  4,867        

may be renewed by the board pursuant to procedures established in  4,868        

rules adopted under section 4765.11 of the Revised Code.  An NOT   4,870        

LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION DATE OF AN                        

INDIVIDUAL'S CERTIFICATE TO PRACTICE, THE BOARD SHALL NOTIFY THE   4,871        

INDIVIDUAL OF THE SCHEDULED EXPIRATION AND FURNISH AN APPLICATION  4,872        

FOR RENEWAL.                                                                    

      AN application for renewal shall be accompanied by the       4,874        

appropriate renewal fee established in rules adopted under         4,875        

section 4765.11 of the Revised Code, unless the board waives the   4,876        

fee on determining pursuant to those rules that the applicant      4,877        

cannot afford to pay the fee.  Except as provided in division (B)  4,878        

of section 4765.31 of the Revised Code, the application shall      4,879        

include evidence of either of the following:                       4,880        

      (1)  That the applicant received a certificate of            4,882        

completion from the appropriate emergency medical services         4,883        

continuing education program pursuant to section 4765.24 of the    4,884        

Revised Code;                                                      4,885        

      (2)  That the applicant has successfully passed an           4,887        

examination approved by the board under division (A) of section    4,888        

                                                          114    


                                                                 
4765.10 THAT DEMONSTRATES THE COMPETENCE TO HAVE A CERTIFICATE     4,889        

RENEWED WITHOUT COMPLETING AN EMERGENCY MEDICAL SERVICES           4,890        

CONTINUING EDUCATION PROGRAM.  THE BOARD SHALL APPROVE SUCH        4,891        

EXAMINATIONS IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION        4,892        

4765.11 of the Revised Code.                                                    

      (E)  The board shall not require an applicant for renewal    4,894        

of a certificate to practice to take an examination as a           4,895        

condition of renewing the certificate.  This division does not     4,896        

preclude the use of examinations by operators of approved          4,897        

emergency medical services continuing education programs as a      4,898        

condition for issuance of a certificate of completion in           4,899        

emergency medical services continuing education.                   4,900        

      Sec. 4765.32.  A current, valid certificate of               4,909        

accreditation issued under the provisions of former section        4,910        

3303.11 or 3303.23 of the Revised Code shall remain valid until    4,911        

one year after the expiration date of the certificate as           4,912        

determined by the provisions of those sections and shall confer    4,913        

the same privileges and impose the same responsibilities and       4,914        

requirements as a certificate of accreditation issued by the       4,915        

state board of emergency medical services under section 4765.17    4,916        

of the Revised Code.                                               4,917        

      A current, valid certificate of competency of an emergency   4,919        

medical technician-ambulance, advanced emergency medical           4,920        

technician-ambulance, or emergency medical technician-paramedic    4,921        

issued under the provisions of former section 3303.15 of the       4,922        

Revised Code shall remain valid for two years after the            4,923        

expiration date of the certificate as determined by the            4,924        

provisions of that section and shall confer the same privileges    4,925        

and impose the same responsibilities and requirements as a         4,926        

certificate to practice issued by the state board of emergency     4,927        

medical services under section 4765.30 of the Revised Code.        4,928        

      A certificate to practice as an emergency medical            4,930        

technician-ambulance that is valid on the effective date of this   4,931        

amendment NOVEMBER 24, 1995, shall be considered a certificate to  4,933        

                                                          115    


                                                                 
practice as an emergency medical technician-basic.  A certificate  4,934        

to practice as an advanced emergency medical technician-ambulance               

that is valid on the effective date of this amendment NOVEMBER     4,936        

24, 1995, shall be considered a certificate to practice as an      4,937        

emergency medical technician-intermediate.                                      

      Sec. 4765.35.  (A)  A first responder shall perform the      4,947        

emergency medical services described in this section in                         

accordance with this chapter and any rules adopted under it.       4,948        

      (B)  A first responder may provide limited emergency         4,951        

medical services to patients until the arrival of an emergency     4,952        

medical technician-basic, emergency medical                                     

technician-intermediate, or emergency medical                      4,953        

technician-paramedic.  In an emergency, a first responder may      4,954        

render emergency medical services such as opening and maintaining               

an airway, giving mouth to barrier ventilation, chest              4,955        

compressions, electrical interventions with automated              4,956        

defibrillators to support or correct the cardiac function and      4,957        

other methods determined by the board, controlling of hemorrhage,               

manual stabilization of fractures, bandaging, and assisting in     4,958        

childbirth, AND DETERMINING TRIAGE OF TRAUMA VICTIMS.              4,959        

      (C)  A first responder may perform any other emergency       4,962        

medical services approved pursuant to rules adopted under section  4,963        

4765.11 of the Revised Code.  The board shall determine whether    4,964        

the nature of any such service requires that a first responder     4,965        

receive authorization prior to performing the service.             4,966        

      (D)(1)  Except as provided in division (D)(2) of this        4,969        

section, if the board determines under division (C) of this        4,970        

section that a service requires prior authorization, the service   4,971        

shall be performed only pursuant to the written or verbal          4,972        

authorization of a physician or of the cooperating physician       4,973        

advisory board, or pursuant to an authorization transmitted        4,974        

through a direct communication device by a physician or                         

registered nurse designated by a physician.                        4,975        

      (2)  If communications fail during an emergency situation    4,977        

                                                          116    


                                                                 
or the required response time prohibits communication, a first     4,978        

responder may perform services subject to this division, if, in    4,979        

the judgment of the first responder, the life of the patient is    4,980        

in immediate danger.  Services performed under these                            

circumstances shall be performed in accordance with the written    4,981        

protocols established under section FOR TRIAGE OF ADULT AND        4,983        

PEDIATRIC TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER        4,984        

SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY           4,985        

APPLICABLE PROTOCOLS ADOPTED by the emergency medical service      4,987        

organization with which the first responder is affiliated.         4,988        

      Sec. 4765.37.  (A)  An emergency medical technician-basic    4,998        

shall perform the emergency medical services described in this     5,000        

section in accordance with this chapter and any rules adopted      5,001        

under it by the state board of emergency medical services.         5,002        

      (B)  An emergency medical technician-basic may operate, or   5,006        

be responsible for operation of, an ambulance and may provide                   

emergency medical services to patients.  In an emergency, an       5,008        

EMT-basic may determine the nature and extent of illness or        5,009        

injury and establish priority for required emergency medical       5,010        

services.  An EMT-basic may render emergency medical services      5,012        

such as opening and maintaining an airway, giving positive         5,013        

pressure ventilation, cardiac resuscitation, electrical            5,014        

interventions with automated defibrillators to support or correct  5,015        

the cardiac function and other methods determined by the board,    5,016        

controlling of hemorrhage, treatment of shock, immobilization of   5,017        

fractures, bandaging, assisting in childbirth, management of       5,018        

mentally disturbed patients, and initial care of poison and burn   5,019        

patients, AND DETERMINING TRIAGE OF ADULT AND PEDIATRIC TRAUMA     5,020        

VICTIMS.  Where patients must in an emergency be extricated from   5,021        

entrapment, an EMT-basic may assess the extent of injury and       5,023        

render all possible emergency medical services and protection to   5,024        

the entrapped patient; provide light rescue services if an         5,025        

ambulance has not been accompanied by a specialized unit; and      5,026        

after extrication, provide additional care in sorting of the       5,027        

                                                          117    


                                                                 
injured in accordance with standard emergency procedures.          5,028        

      (C)  An EMT-basic may perform any other emergency medical    5,031        

services approved pursuant to rules adopted under section 4765.11  5,032        

of the Revised Code.  The board shall determine whether the        5,033        

nature of any such service requires that an EMT-basic receive      5,035        

authorization prior to performing the service.                     5,036        

      (D)(1)  Except as provided in division (D)(2) of this        5,038        

section, if the board determines under division (C) of this        5,039        

section that a service requires prior authorization, the service   5,040        

shall be performed only pursuant to the written or verbal          5,041        

authorization of a physician or of the cooperating physician       5,042        

advisory board, or pursuant to an authorization transmitted        5,043        

through a direct communication device by a physician or            5,044        

registered nurse designated by a physician.                        5,045        

      (2)  If communications fail during an emergency situation    5,047        

or the required response time prohibits communication, an          5,049        

EMT-basic may perform services subject to this division, if, in    5,050        

the judgment of the EMT-basic, the life of the patient is in       5,051        

immediate danger.  Services performed under these circumstances    5,052        

shall be performed in accordance with the written protocols        5,053        

established under section FOR TRIAGE OF ADULT AND PEDIATRIC        5,054        

TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER SECTIONS         5,056        

4765.11 AND 4765.40 of the Revised Code AND ANY APPLICABLE                      

PROTOCOLS ADOPTED by the emergency medical service organization    5,058        

with which the EMT-basic is affiliated.                            5,059        

      Sec. 4765.38.  (A)  An emergency medical                     5,068        

technician-intermediate shall perform the emergency medical        5,070        

services described in this section in accordance with this         5,071        

chapter and any rules adopted under it.                            5,072        

      (B)  An EMT-I may do any of the following:                   5,075        

      (1)  Establish and maintain an intravenous lifeline that     5,077        

has been approved by a cooperating physician or physician          5,078        

advisory board;                                                    5,079        

      (2)  Perform cardiac monitoring;                             5,081        

                                                          118    


                                                                 
      (3)  Perform electrical interventions to support or correct  5,083        

the cardiac function;                                              5,084        

      (4)  Administer epinephrine;                                 5,086        

      (5)  DETERMINE TRIAGE OF ADULT AND PEDIATRIC TRAUMA          5,088        

VICTIMS;                                                                        

      (6)  Perform any other emergency medical services approved   5,090        

pursuant to rules adopted under section 4765.11 of the Revised     5,091        

Code.                                                              5,092        

      (C)(1)  Except as provided in division (C)(2) of this        5,094        

section, the services described in division (B) of this section    5,095        

shall be performed by an EMT-I only pursuant to the written or     5,097        

verbal authorization of a physician or of the cooperating                       

physician advisory board, or pursuant to an authorization          5,098        

transmitted through a direct communication device by a physician   5,099        

or registered nurse designated by a physician.                     5,100        

      (2)  If communications fail during an emergency situation    5,102        

or the required response time prohibits communication, an EMT-I    5,104        

may perform any of the services described in division (B) of this  5,106        

section, if, in the judgment of the EMT-I, the life of the         5,107        

patient is in immediate danger.  Services performed under these    5,108        

circumstances shall be performed in accordance with the written    5,109        

protocols established under section FOR TRIAGE OF ADULT AND        5,110        

PEDIATRIC TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER        5,112        

SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY           5,113        

APPLICABLE PROTOCOLS ADOPTED by the emergency medical service      5,114        

organization with which the EMT-I is affiliated.                   5,115        

      Sec. 4765.39.  (A)  An emergency medical                     5,124        

technician-paramedic shall perform the emergency medical services  5,125        

described in this section in accordance with this chapter and any  5,126        

rules adopted under it.                                            5,127        

      (B)  A paramedic may do any of the following:                5,129        

      (1)  Perform cardiac monitoring;                             5,131        

      (2)  Perform electrical interventions to support or correct  5,133        

the cardiac function;                                              5,134        

                                                          119    


                                                                 
      (3)  Perform airway procedures;                              5,136        

      (4)  Perform relief of pneumothorax;                         5,138        

      (5)  Administer appropriate drugs and intravenous fluids;    5,140        

      (6)  DETERMINE TRIAGE OF ADULT AND PEDIATRIC TRAUMA          5,142        

VICTIMS;                                                                        

      (7)  Perform any other emergency medical services,           5,144        

including life support or intensive care techniques, approved      5,145        

pursuant to rules adopted under section 4765.11 of the Revised     5,146        

Code.                                                              5,147        

      (C)(1)  Except as provided in division (C)(2) of this        5,149        

section, the services described in division (B) of this section    5,150        

shall be performed by a paramedic only pursuant to the written or  5,151        

verbal authorization of a physician or of the cooperating          5,152        

physician advisory board, or pursuant to an authorization          5,153        

transmitted through a direct communication device by a physician   5,154        

or registered nurse designated by a physician.                     5,155        

      (2)  If communications fail during an emergency situation    5,157        

or the required response time prohibits communication, a           5,158        

paramedic may perform any of the services described in division    5,159        

(B) of this section, if, in his THE PARAMEDIC'S judgment, the      5,160        

life of the patient is in immediate danger.  Services performed    5,162        

under these circumstances shall be performed in accordance with    5,163        

the written protocols established under section FOR TRIAGE OF      5,164        

ADULT AND PEDIATRIC TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED    5,166        

UNDER SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY     5,167        

APPLICABLE PROTOCOLS ADOPTED by the emergency medical service      5,168        

organization with which the paramedic is affiliated.               5,169        

      Sec. 4765.40.  The medical director or cooperating           5,179        

physician advisory board of each emergency medical service         5,180        

organization shall establish written protocols to be followed by   5,181        

first responders, emergency medical technicians-basic, emergency   5,182        

medical technicians-intermediate, and emergency medical            5,183        

technicians-paramedic in performing emergency medical services     5,184        

when communications have failed or the required response time      5,185        

                                                          120    


                                                                 
prevents communication and the life of the patient is in           5,186        

immediate danger.                                                               

      (A)(1)  NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE    5,189        

OF THIS AMENDMENT, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES   5,190        

SHALL ADOPT RULES UNDER SECTION 4765.11 OF THE REVISED CODE        5,192        

ESTABLISHING WRITTEN PROTOCOLS FOR THE TRIAGE OF ADULT AND         5,193        

PEDIATRIC TRAUMA VICTIMS.  THE RULES SHALL DEFINE ADULT AND        5,194        

PEDIATRIC TRAUMA IN A MANNER THAT IS CONSISTENT WITH SECTION       5,195        

4765.01 OF THE REVISED CODE, MINIMIZES OVERTRIAGE AND              5,198        

UNDERTRIAGE, AND EMPHASIZES THE SPECIAL NEEDS OF PEDIATRIC AND     5,199        

GERIATRIC TRAUMA PATIENTS.                                                      

      (2)  THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A)   5,202        

OF THIS SECTION SHALL REQUIRE A TRAUMA VICTIM TO BE TRANSPORTED    5,203        

DIRECTLY TO AN ADULT OR PEDIATRIC TRAUMA CENTER THAT IS QUALIFIED  5,205        

TO PROVIDE APPROPRIATE ADULT OR PEDIATRIC TRAUMA CARE, UNLESS ONE  5,206        

OR MORE OF THE FOLLOWING EXCEPTIONS APPLIES:                       5,207        

      (a)  IT IS MEDICALLY NECESSARY TO TRANSPORT THE VICTIM TO    5,209        

ANOTHER HOSPITAL FOR INITIAL ASSESSMENT AND STABILIZATION BEFORE   5,211        

TRANSFER TO AN ADULT OR PEDIATRIC TRAUMA CENTER;                                

      (b)  IT IS UNSAFE OR MEDICALLY INAPPROPRIATE TO TRANSPORT    5,213        

THE VICTIM DIRECTLY TO AN ADULT OR PEDIATRIC TRAUMA CENTER DUE TO  5,214        

ADVERSE WEATHER OR GROUND CONDITIONS OR EXCESSIVE TRANSPORT TIME;  5,216        

      (c)  TRANSPORTING THE VICTIM TO AN ADULT OR PEDIATRIC        5,218        

TRAUMA CENTER WOULD CAUSE A SHORTAGE OF LOCAL EMERGENCY MEDICAL    5,220        

SERVICE RESOURCES;                                                 5,221        

      (d)  NO APPROPRIATE ADULT OR PEDIATRIC TRAUMA CENTER IS      5,223        

ABLE TO RECEIVE AND PROVIDE ADULT OR PEDIATRIC TRAUMA CARE TO THE  5,225        

TRAUMA VICTIM WITHOUT UNDUE DELAY;                                 5,226        

      (e)  BEFORE TRANSPORT OF A PATIENT BEGINS, THE PATIENT       5,228        

REQUESTS TO BE TAKEN TO A PARTICULAR HOSPITAL THAT IS NOT A        5,230        

TRAUMA CENTER OR, IF THE PATIENT IS LESS THAN EIGHTEEN YEARS OF    5,231        

AGE OR IS NOT ABLE TO COMMUNICATE, SUCH A REQUEST IS MADE BY AN    5,232        

ADULT MEMBER OF THE PATIENT'S FAMILY OR A LEGAL REPRESENTATIVE OF  5,233        

THE PATIENT.                                                                    

                                                          121    


                                                                 
      (3)(a)  THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION    5,237        

(A) OF THIS SECTION SHALL REQUIRE TRAUMA PATIENTS TO BE                         

TRANSPORTED TO AN ADULT OR PEDIATRIC TRAUMA CENTER THAT IS ABLE    5,238        

TO PROVIDE APPROPRIATE ADULT OR PEDIATRIC TRAUMA CARE, BUT SHALL   5,241        

NOT REQUIRE A TRAUMA PATIENT TO BE TRANSPORTED TO A PARTICULAR     5,242        

TRAUMA CENTER.  THE STATE TRIAGE PROTOCOLS SHALL ESTABLISH ONE OR  5,243        

MORE PROCEDURES FOR EVALUATING WHETHER AN INJURY VICTIM REQUIRES   5,244        

OR WOULD BENEFIT FROM ADULT OR PEDIATRIC TRAUMA CARE, WHICH        5,245        

PROCEDURES SHALL BE APPLIED BY EMERGENCY MEDICAL SERVICE           5,246        

PERSONNEL BASED ON THE PATIENT'S MEDICAL NEEDS.  IN DEVELOPING     5,248        

STATE TRAUMA TRIAGE PROTOCOLS, THE BOARD SHALL CONSIDER RELEVANT   5,250        

MODEL TRIAGE RULES AND SHALL CONSULT WITH THE COMMISSION ON        5,251        

MINORITY HEALTH, REGIONAL DIRECTORS, REGIONAL PHYSICIAN ADVISORY   5,252        

BOARDS, AND APPROPRIATE MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL   5,253        

SERVICE ORGANIZATIONS.                                             5,254        

      (b)  BEFORE THE JOINT COMMITTEE ON AGENCY RULE REVIEW        5,258        

CONSIDERS STATE TRIAGE PROTOCOLS FOR TRAUMA VICTIMS PROPOSED BY    5,259        

THE STATE BOARD OF EMERGENCY MEDICAL SERVICES, OR AMENDMENTS       5,260        

THERETO, THE BOARD SHALL SEND A COPY OF THE PROPOSAL TO THE OHIO   5,262        

CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, THE OHIO  5,265        

CHAPTER OF THE AMERICAN COLLEGE OF SURGEONS, THE OHIO CHAPTER OF   5,267        

THE AMERICAN ACADEMY OF PEDIATRICS, OHA: THE ASSOCIATION FOR       5,270        

HOSPITALS AND HEALTH SYSTEMS, THE OHIO OSTEOPATHIC ASSOCIATION,    5,271        

AND THE ASSOCIATION OF OHIO CHILDREN'S HOSPITALS AND SHALL HOLD A  5,272        

PUBLIC HEARING AT WHICH IT MUST CONSIDER THE APPROPRIATENESS OF    5,274        

THE PROTOCOLS TO MINIMIZE OVERTRIAGE AND UNDERTRIAGE OF TRAUMA     5,275        

VICTIMS.                                                                        

      (c)  THE BOARD SHALL PROVIDE COPIES OF THE STATE TRIAGE      5,277        

PROTOCOLS, AND AMENDMENTS TO THE PROTOCOLS, TO EACH EMERGENCY      5,278        

MEDICAL SERVICE ORGANIZATION, REGIONAL DIRECTOR, REGIONAL          5,279        

PHYSICIAN ADVISORY BOARD, CERTIFIED EMERGENCY MEDICAL SERVICE      5,280        

INSTRUCTOR, AND PERSON WHO REGULARLY PROVIDES MEDICAL DIRECTION    5,281        

TO EMERGENCY MEDICAL SERVICE PERSONNEL IN THE STATE; TO EACH       5,282        

MEDICAL SERVICE ORGANIZATION IN OTHER JURISDICTIONS THAT           5,283        

                                                          122    


                                                                 
REGULARLY PROVIDE EMERGENCY MEDICAL SERVICES IN THIS STATE; AND    5,284        

TO OTHERS UPON REQUEST.                                            5,285        

      (B)(1)  THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL  5,287        

APPROVE REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND PEDIATRIC   5,288        

TRAUMA VICTIMS, AND AMENDMENTS TO SUCH PROTOCOLS, THAT ARE         5,289        

SUBMITTED TO THE BOARD AS PROVIDED IN DIVISION (B)(2) OF THIS      5,290        

SECTION AND PROVIDE A LEVEL OF ADULT AND PEDIATRIC TRAUMA CARE     5,291        

COMPARABLE TO THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION    5,292        

(A) OF THIS SECTION.  THE BOARD SHALL NOT OTHERWISE APPROVE        5,293        

REGIONAL TRIAGE PROTOCOLS FOR TRAUMA VICTIMS.  THE BOARD SHALL     5,294        

NOT APPROVE REGIONAL TRIAGE PROTOCOLS FOR REGIONS THAT OVERLAP                  

AND SHALL RESOLVE ANY SUCH DISPUTES BY APPORTIONING THE            5,295        

OVERLAPPING TERRITORY AMONG APPROPRIATE REGIONS IN A MANNER THAT   5,296        

BEST SERVES THE MEDICAL NEEDS OF THE RESIDENTS OF THAT TERRITORY.  5,297        

THE TRAUMA COMMITTEE OF THE BOARD SHALL HAVE REASONABLE            5,298        

OPPORTUNITY TO REVIEW AND COMMENT ON REGIONAL TRIAGE PROTOCOLS                  

AND AMENDMENTS TO SUCH PROTOCOLS BEFORE THE BOARD APPROVES OR      5,299        

DISAPPROVES THEM.                                                               

      (2)  REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND          5,301        

PEDIATRIC TRAUMA VICTIMS, AND AMENDMENTS TO SUCH PROTOCOLS, SHALL  5,302        

BE SUBMITTED IN WRITING TO THE STATE BOARD OF EMERGENCY MEDICAL    5,303        

SERVICES BY THE REGIONAL PHYSICIAN ADVISORY BOARD OR REGIONAL      5,304        

DIRECTOR, AS APPROPRIATE, THAT SERVES A MAJORITY OF THE            5,305        

POPULATION IN THE REGION IN WHICH THE PROTOCOLS APPLY.  PRIOR TO                

SUBMITTING REGIONAL TRIAGE PROTOCOLS, OR AN AMENDMENT TO SUCH      5,307        

PROTOCOLS, TO THE STATE BOARD OF EMERGENCY MEDICAL SERVICES, A     5,308        

REGIONAL PHYSICIAN ADVISORY BOARD OR REGIONAL DIRECTOR SHALL       5,309        

CONSULT WITH EACH OF THE FOLLOWING THAT REGULARLY SERVES THE       5,310        

REGION IN WHICH THE PROTOCOLS APPLY:                                            

      (a)  OTHER REGIONAL PHYSICIAN ADVISORY BOARDS AND REGIONAL   5,312        

DIRECTORS;                                                         5,313        

      (b)  HOSPITALS THAT OPERATE AN EMERGENCY FACILITY;           5,315        

      (c)  ADULT AND PEDIATRIC TRAUMA CENTERS;                     5,317        

      (d)  PROFESSIONAL SOCIETIES OF PHYSICIANS WHO SPECIALIZE IN  5,319        

                                                          123    


                                                                 
ADULT OR PEDIATRIC EMERGENCY MEDICINE OR ADULT OR PEDIATRIC        5,320        

TRAUMA SURGERY;                                                                 

      (e)  PROFESSIONAL SOCIETIES OF NURSES WHO SPECIALIZE IN      5,322        

ADULT OR PEDIATRIC EMERGENCY NURSING OR ADULT OR PEDIATRIC TRAUMA  5,323        

SURGERY;                                                                        

      (f)  PROFESSIONAL ASSOCIATIONS OR LABOR ORGANIZATIONS OF     5,325        

EMERGENCY MEDICAL SERVICE PERSONNEL;                               5,326        

      (g)  EMERGENCY MEDICAL SERVICE ORGANIZATIONS AND MEDICAL     5,328        

DIRECTORS OF SUCH ORGANIZATIONS;                                   5,329        

      (h)  CERTIFIED EMERGENCY MEDICAL SERVICE INSTRUCTORS.        5,331        

      (3)  REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND          5,333        

PEDIATRIC TRAUMA VICTIMS APPROVED UNDER DIVISION (B)(2) OF THIS    5,334        

SECTION SHALL REQUIRE PATIENTS TO BE TRANSPORTED TO A TRAUMA       5,335        

CENTER THAT IS ABLE TO PROVIDE AN APPROPRIATE LEVEL OF ADULT OR    5,336        

PEDIATRIC TRAUMA CARE; SHALL NOT DISCRIMINATE AMONG TRAUMA         5,337        

CENTERS FOR REASONS NOT RELATED TO A PATIENT'S MEDICAL NEEDS;                   

SHALL SEEK TO MINIMIZE UNDERTRIAGE AND OVERTRIAGE; MAY INCLUDE     5,338        

ANY OF THE EXCEPTIONS IN DIVISION (A)(2) OF THIS SECTION; AND      5,339        

SUPERSEDE THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A)    5,340        

OF THIS SECTION IN THE REGION IN WHICH THE REGIONAL PROTOCOLS      5,341        

APPLY.                                                                          

      (4)  UPON APPROVAL OF REGIONAL PROTOCOLS FOR THE TRIAGE OF   5,343        

ADULT AND PEDIATRIC TRAUMA VICTIMS UNDER DIVISION (B)(2) OF THIS   5,344        

SECTION, OR AN AMENDMENT TO SUCH PROTOCOLS, THE STATE BOARD OF     5,345        

EMERGENCY MEDICAL SERVICES SHALL PROVIDE WRITTEN NOTICE OF THE     5,346        

APPROVAL AND A COPY OF THE PROTOCOLS OR AMENDMENT TO EACH ENTITY   5,347        

IN THE REGION IN WHICH THE PROTOCOLS APPLY TO WHICH THE BOARD IS   5,348        

REQUIRED TO SEND A COPY OF THE STATE TRIAGE PROTOCOLS ADOPTED                   

UNDER DIVISION (A) OF THIS SECTION.                                5,349        

      (C)(1)  THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL  5,351        

REVIEW THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) OF    5,352        

THIS SECTION AT LEAST EVERY THREE YEARS TO DETERMINE IF THEY ARE   5,353        

CAUSING OVERTRIAGE OR UNDERTRIAGE OF TRAUMA PATIENTS, AND SHALL    5,354        

MODIFY THEM AS NECESSARY TO MINIMIZE OVERTRIAGE AND UNDERTRIAGE.   5,355        

                                                          124    


                                                                 
      (2)  EACH REGIONAL PHYSICIAN ADVISORY BOARD OR REGIONAL      5,357        

DIRECTOR THAT HAS HAD REGIONAL TRIAGE PROTOCOLS APPROVED UNDER     5,358        

DIVISION (B)(2) OF THIS SECTION SHALL REVIEW THE PROTOCOLS AT      5,359        

LEAST EVERY THREE YEARS TO DETERMINE IF THEY ARE CAUSING           5,360        

OVERTRIAGE OR UNDERTRIAGE OF TRAUMA PATIENTS AND SHALL SUBMIT AN   5,361        

APPROPRIATE AMENDMENT TO THE STATE BOARD, AS PROVIDED IN DIVISION               

(B) OF THIS SECTION, AS NECESSARY TO MINIMIZE OVERTRIAGE AND       5,362        

UNDERTRIAGE.  THE STATE BOARD SHALL APPROVE THE AMENDMENT IF IT    5,363        

WILL REDUCE OVERTRIAGE OR UNDERTRIAGE WHILE COMPLYING WITH         5,364        

DIVISION (B) OF THIS SECTION, AND SHALL NOT OTHERWISE APPROVE THE  5,365        

AMENDMENT.                                                                      

      (D)  NO PROVIDER OF EMERGENCY MEDICAL SERVICES OR PERSON     5,367        

WHO PROVIDES MEDICAL DIRECTION TO EMERGENCY MEDICAL SERVICE        5,368        

PERSONNEL IN THIS STATE SHALL FAIL TO COMPLY WITH THE STATE        5,369        

TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) OF THIS SECTION OR     5,370        

APPLICABLE REGIONAL TRIAGE PROTOCOLS APPROVED UNDER DIVISION       5,371        

(B)(2) OF THIS SECTION.                                                         

      (E)  THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL     5,373        

ADOPT RULES UNDER SECTION 4765.11 OF THE REVISED CODE THAT         5,374        

PROVIDE FOR ENFORCEMENT OF THE STATE TRIAGE PROTOCOLS ADOPTED      5,375        

UNDER DIVISION (A) OF THIS SECTION AND REGIONAL TRIAGE PROTOCOLS   5,376        

APPROVED UNDER DIVISION (B)(2) OF THIS SECTION, AND FOR EDUCATION  5,377        

REGARDING THOSE PROTOCOLS FOR EMERGENCY MEDICAL SERVICE            5,379        

ORGANIZATIONS AND PERSONNEL, REGIONAL DIRECTORS AND REGIONAL       5,380        

PHYSICIAN ADVISORY BOARDS, EMERGENCY MEDICAL SERVICE INSTRUCTORS,               

AND PERSONS WHO REGULARLY PROVIDE MEDICAL DIRECTION TO EMERGENCY   5,382        

MEDICAL SERVICE PERSONNEL IN THIS STATE.                                        

      Sec. 4765.41.  THE MEDICAL DIRECTOR OR COOPERATING           5,384        

PHYSICIAN ADVISORY BOARD OF EACH EMERGENCY MEDICAL SERVICE         5,385        

ORGANIZATION SHALL ESTABLISH WRITTEN PROTOCOLS TO BE FOLLOWED BY   5,386        

FIRST RESPONDERS, EMERGENCY MEDICAL TECHNICIANS-BASIC, EMERGENCY   5,387        

MEDICAL TECHNICIANS-INTERMEDIATE, AND EMERGENCY MEDICAL            5,388        

TECHNICIANS-PARAMEDIC IN PERFORMING EMERGENCY MEDICAL SERVICES                  

WHEN COMMUNICATIONS HAVE FAILED OR THE REQUIRED RESPONSE PREVENTS  5,389        

                                                          125    


                                                                 
COMMUNICATION AND THE LIFE OF THE PATIENT IS IN IMMEDIATE DANGER.  5,390        

THOSE PROTOCOLS SHALL BE CONSISTENT WITH APPLICABLE TRAUMA TRIAGE  5,391        

PROTOCOLS ADOPTED UNDER DIVISION (A) OR APPROVED UNDER DIVISION    5,393        

(B)(2) OF SECTION 4765.40 OF THE REVISED CODE, BUT MAY DIRECT TO   5,394        

AN ADULT OR PEDIATRIC TRAUMA CENTER EMERGENCY VICTIMS THAT THE     5,395        

APPLICABLE TRAUMA TRIAGE PROTOCOLS DO NOT REQUIRE TO BE            5,396        

TRANSPORTED TO AN ADULT OR PEDIATRIC TRAUMA CENTER.                5,397        

      Sec. 4765.50.  (A)  Except as provided in division (D) of    5,406        

this section, no person shall represent that the person is a       5,408        

first responder, an emergency medical technician-basic or          5,409        

EMT-basic, an emergency medical technician-intermediate or EMT-I,  5,410        

or an emergency medical technician-paramedic or paramedic unless   5,411        

appropriately certified under section 4765.30 of the Revised                    

Code.                                                                           

      (B)(1)  No person shall operate an emergency medical         5,413        

services training program without a certificate of accreditation   5,414        

issued under section 4765.17 of the Revised Code.                  5,415        

      (2)  No person shall operate an emergency medical services   5,417        

continuing education program without a certificate of approval     5,418        

issued under section 4765.17 of the Revised Code.                  5,419        

      (C)  No public or private entity shall advertise or          5,421        

disseminate information leading the public to believe that the     5,422        

entity is an emergency medical service organization, unless that   5,423        

entity actually provides emergency medical services.               5,424        

      (D)  A person who is performing the functions of a first     5,426        

responder, EMT-basic, EMT-I, or paramedic under the authority of   5,428        

the laws of a state that borders JURISDICTION OTHER THAN this      5,429        

state, who is employed by or serves as a volunteer with an         5,431        

emergency medical service organization based in that state, and    5,432        

provides emergency medical services to or transportation of a      5,433        

patient in this state is not in violation of division (A) of this  5,434        

section.                                                                        

      A person who is performing the functions of a first          5,436        

responder, EMT-basic, EMT-I, or paramedic under a reciprocal       5,438        

                                                          126    


                                                                 
agreement authorized by section 4765.10 of the Revised Code is                  

not in violation of division (A) of this section.                  5,439        

      (E)  BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS    5,441        

AMENDMENT, NO PHYSICIAN SHALL PURPOSEFULLY DO ANY OF THE           5,442        

FOLLOWING:                                                                      

      (1)  ADMIT AN ADULT TRAUMA PATIENT TO A HOSPITAL THAT IS     5,444        

NOT AN ADULT TRAUMA CENTER FOR THE PURPOSE OF PROVIDING ADULT      5,445        

TRAUMA CARE;                                                       5,446        

      (2)  ADMIT A PEDIATRIC TRAUMA PATIENT TO A HOSPITAL THAT IS  5,448        

NOT A PEDIATRIC TRAUMA CENTER FOR THE PURPOSE OF PROVIDING         5,449        

PEDIATRIC TRAUMA CARE;                                             5,450        

      (3)  FAIL TO TRANSFER AN ADULT OR PEDIATRIC TRAUMA PATIENT   5,452        

TO AN ADULT OR PEDIATRIC TRAUMA CENTER IN ACCORDANCE WITH          5,453        

APPLICABLE FEDERAL LAW, STATE LAW, AND ADULT OR PEDIATRIC TRAUMA   5,454        

PROTOCOLS AND PATIENT TRANSFER AGREEMENTS ADOPTED UNDER SECTION    5,455        

3727.09 OF THE REVISED CODE.                                       5,456        

      Sec. 4765.55.  (A)  This section does not apply to a         5,464        

cooperative education school district.                             5,465        

      (B)  The executive director of the state board of emergency  5,467        

medical services shall, with the advice and counsel of the         5,468        

subcommittee FIREFIGHTER AND FIRE SAFETY INSPECTOR TRAINING        5,469        

COMMITTEE of the state board of emergency medical services for     5,471        

firefighter and fire safety inspector training, assist in the      5,473        

establishment and maintenance by any state agency, or any county,  5,474        

township, city, village, school district, or educational service   5,475        

center of a fire service training program for the training of all  5,476        

paid and volunteer firefighters and fire safety inspectors in      5,477        

this state.  The executive director, with the advice and counsel   5,478        

of the subcommittee COMMITTEE, shall adopt standards to regulate   5,479        

such firefighter and fire safety inspector training programs.      5,481        

The standards may include, but need not be limited to, provisions  5,482        

for minimum courses of study, minimum hours of instruction,        5,483        

attendance requirements, required equipment and facilities,        5,484        

qualifications of instructors, basic physical and methods          5,485        

                                                          127    


                                                                 
training required of firefighters and fire safety inspectors, and  5,486        

training schedules.  The standards adopted to regulate training    5,487        

programs for volunteer firefighters shall not require more than    5,488        

thirty-six hours of training.  The executive director, with the    5,489        

advice and counsel of the subcommittee COMMITTEE, shall provide    5,491        

for the classification and chartering of such training programs    5,492        

and may revoke any charter for failure to meet standards.          5,493        

      (C)  Certificates issued under this division shall be        5,495        

prescribed by the executive director, with the advice and counsel  5,496        

of the subcommittee FIREFIGHTER AND FIRE INSPECTOR TRAINING        5,497        

COMMITTEE of the state board of emergency medical services for     5,498        

firefighter and fire safety inspector training.                    5,499        

      (1)  The executive director shall issue a certificate to     5,502        

each person satisfactorily completing a chartered training         5,503        

program.                                                                        

      (2)  The executive director, with the subcommittee's         5,505        

COMMITTEE'S advice and counsel, shall establish criteria for       5,507        

evaluating the standards maintained by other states and the        5,508        

branches of the United States military for firefighter training    5,509        

programs to determine whether the standards are equivalent to      5,510        

those established under this section and shall establish                        

requirements and procedures for issuing a certificate to each      5,511        

person who presents proof to the executive director of having      5,512        

satisfactorily completed a training program that meets those       5,513        

standards.                                                                      

      (3)  The executive director, with the subcommittee's         5,515        

COMMITTEE'S advice and counsel, shall establish requirements and   5,517        

procedures for issuing a certificate in lieu of completing a       5,518        

chartered firefighter training program to any person requesting a  5,519        

certificate who began serving as a permanent full-time paid        5,520        

firefighter with the fire department of a city or village prior    5,521        

to July 2, 1970, or as a volunteer firefighter with the fire                    

department of a township, fire district, city, or village prior    5,522        

to July 2, 1979.                                                   5,523        

                                                          128    


                                                                 
      (D)  The subcommittee of the state board of emergency        5,525        

medical services for firefighter and fire safety inspector         5,526        

training is hereby created and shall consist of the member of the  5,527        

state board of emergency medical services who is appointed by the  5,528        

director of public safety, the members of the board who are        5,529        

chiefs of fire departments, and the members of the board who are   5,530        

emergency medical technicians-basic, emergency medical             5,531        

technicians-intermediate, and emergency medical                    5,532        

technicians-paramedic appointed to the board from among persons    5,533        

nominated by the Ohio association of professional fire fighters    5,534        

or the northern Ohio fire fighters and from among persons          5,535        

nominated by the Ohio state firefighter's association.  The        5,536        

chairperson of the subcommittee shall be the member of the board   5,537        

who is appointed by the director of public safety.  Each member    5,538        

of the subcommittee, except for the chairperson, may designate a   5,539        

person with fire experience to serve in that member's place.       5,540        

      (E)  Nothing in this section invalidates any part of OTHER   5,543        

section 3737.33 of the Revised Code relative RELATING to the fire  5,544        

training academy.                                                  5,545        

      Sec. 4767.08.  (A)  The cemetery dispute resolution          5,554        

commission, on its own motion or as a result of a complaint        5,555        

received pursuant to section 4767.07 of the Revised Code and with  5,556        

good cause shown, shall investigate or cause to be investigated    5,557        

alleged violations of sections 1721.19, 1721.20, 1721.21,          5,558        

1721.211, 4735.02, 4735.22, and 4765.03 4767.02 of the Revised     5,559        

Code.  If the commission or the superintendent of the division of  5,561        

real estate in the department of commerce believes that a          5,562        

violation has occurred, the commission or superintendent shall do  5,563        

all of the following:                                              5,564        

      (1)  Review the financial records of the cemetery to ensure  5,566        

compliance with sections 1721.21 and 1721.211 of the Revised       5,567        

Code;                                                                           

      (2)  Request the prosecuting attorney of the county in       5,570        

which the alleged violation occurred to initiate such proceedings  5,571        

                                                          129    


                                                                 
as are appropriate.                                                             

      (B)  If, as a result of an investigation, the commission or  5,573        

the superintendent believes that a person has violated Chapter     5,574        

1345. of the Revised Code, the commission or superintendent shall  5,575        

report the findings to the attorney general.                       5,576        

      (C)  The commission, at any time, may dismiss a complaint    5,578        

if it determines there is not good cause shown for the complaint.  5,579        

If the commission dismisses a complaint, it shall notify the       5,580        

person who filed the complaint within twenty days of reaching its  5,581        

decision and identify the reason why the complaint was dismissed.  5,582        

      (D)  When necessary for the division of real estate in the   5,584        

department of commerce to perform the duties required by sections  5,585        

4767.07 and 4767.08 of the Revised Code, the superintendent of     5,586        

the division, after consultation with at least a majority of the   5,587        

members of the cemetery dispute resolution commission, may issue   5,589        

subpoenas and compel the production of books, papers, records,                  

and other forms of evidence.                                       5,590        

      Sec. 5502.01.  (A)  The department of public safety shall    5,599        

administer and enforce the laws relating to the registration,      5,600        

licensing, sale, and operation of motor vehicles and the laws      5,602        

pertaining to the licensing of drivers of motor vehicles.          5,603        

      The department shall compile, analyze, and publish           5,605        

statistics relative to motor vehicle accidents and the causes of   5,606        

them, prepare and conduct educational programs for the purpose of  5,607        

promoting safety in the operation of motor vehicles on the         5,609        

highways, assist the state board of education in the formulation                

of minimum standards for driver education courses of instruction,  5,610        

encourage driver instruction in the high schools of the state,     5,612        

and conduct research and studies for the purpose of promoting      5,613        

safety on the highways of this state.                                           

      (B)  The department shall administer the laws and rules      5,615        

applicable to the division of state RELATIVE TO TRAUMA AND         5,616        

emergency medical services SPECIFIED IN CHAPTER 4765. OF THE       5,617        

REVISED CODE.                                                                   

                                                          130    


                                                                 
      (C)  The department shall administer and enforce the laws    5,619        

contained in Chapters 4301. and 4303. of the Revised Code and      5,621        

enforce the rules and orders of the liquor control commission      5,624        

pertaining to retail liquor permit holders.                                     

      (D)  The department shall administer the laws governing the  5,626        

state emergency management agency and shall enforce all            5,627        

additional duties and responsibilities as prescribed in the        5,628        

Revised Code related to emergency management services.             5,629        

      (E)  The department shall conduct investigations pursuant    5,631        

to Chapter 5101. of the Revised Code in support of the duty of     5,633        

the department of human services to administer food stamp          5,634        

programs throughout this state.  The department of public safety   5,635        

shall conduct investigations necessary to protect the state's      5,636        

property rights and interests in the food stamp program.                        

      (F)  The department of public safety shall enforce           5,638        

compliance with orders and rules of the public utilities           5,639        

commission and applicable laws in accordance with Chapters 4919.,  5,640        

4921., and 4923. of the Revised Code regarding commercial motor    5,641        

vehicle transportation safety, economic, and hazardous materials   5,642        

requirements.                                                                   

      (G)  Notwithstanding Chapter 4117. of the Revised Code, the  5,644        

department of public safety may establish requirements for its     5,645        

enforcement personnel, including its enforcement agents described  5,646        

in section 5502.14 of the Revised Code, that include standards of  5,647        

conduct, work rules and procedures, and criteria for eligibility   5,649        

as law enforcement personnel.                                                   

      (H)  The department shall administer, maintain, and operate  5,651        

the Ohio criminal justice network.  The Ohio criminal justice      5,652        

network shall be a computer network that supports state and local  5,653        

criminal justice activities.  The network shall be an electronic   5,654        

repository for various data, which may include arrest warrants,    5,655        

notices of persons wanted by law enforcement agencies, criminal    5,656        

records, prison inmate records, stolen vehicle records, vehicle    5,657        

operator's licenses, and vehicle registrations and titles.         5,659        

                                                          131    


                                                                 
      Sec. 5503.04.  All FORTY-FIVE PER CENT OF THE fines          5,668        

collected from or moneys arising from bail forfeited by persons    5,670        

apprehended or arrested by state highway patrol troopers shall be  5,671        

paid forty-five per cent into the state treasury TO BE CREDITED    5,672        

TO THE GENERAL REVENUE FUND, FIVE PER CENT SHALL BE PAID INTO THE  5,673        

STATE TREASURY TO BE CREDITED TO THE TRAUMA AND EMERGENCY MEDICAL  5,674        

SERVICES GRANTS FUND CREATED BY DIVISION (E) OF SECTION 4513.263   5,675        

OF THE REVISED CODE, and fifty-five FIFTY per cent SHALL BE PAID   5,676        

into the treasury of the municipal corporation where the case is   5,677        

prosecuted, if in a mayor's court.  If the prosecution is in a     5,678        

trial court outside a municipal corporation, or outside the        5,679        

territorial jurisdiction of a municipal court, THE FIFTY PER CENT  5,680        

OF the fines and moneys THAT IS NOT PAID INTO THE STATE TREASURY   5,681        

shall be paid fifty-five per cent into the county treasury OF THE  5,682        

COUNTY WHERE THE CASE IS PROSECUTED.  The fines and moneys paid    5,683        

into the state treasury shall be credited to the general revenue   5,684        

fund.  The fines and moneys paid into a county treasury and the    5,685        

fines and moneys paid into the treasury of a municipal             5,686        

corporation shall be deposited one-half to the same fund and       5,687        

expended in the same manner as is the revenue received from the    5,688        

registration of motor vehicles, and one-half to the general fund   5,689        

of such county or municipal corporation.                           5,690        

      If the prosecution is in a municipal court, forty-five per   5,692        

cent of the fines and moneys shall be paid into the state          5,693        

treasury to be credited to the general revenue fund, FIVE PER      5,694        

CENT SHALL BE PAID INTO THE STATE TREASURY TO BE CREDITED TO THE   5,695        

TRAUMA AND EMERGENCY MEDICAL SERVICES GRANTS FUND CREATED BY       5,696        

DIVISION (E) OF SECTION 4513.263 OF THE REVISED CODE, ten per      5,697        

cent shall be paid into the county treasury to be credited to the  5,698        

general fund of the county, and forty-five FORTY per cent shall    5,699        

be paid into the municipal treasury to be credited to the general  5,701        

fund of the municipal corporation.  In the Auglaize county,        5,702        

Clermont county, Crawford county, Hocking county, Jackson county,  5,703        

Lawrence county, Madison county, Miami county, Ottawa county,      5,704        

                                                          132    


                                                                 
Portage county, and Wayne county municipal courts, that portion    5,705        

of money otherwise paid into the municipal treasury shall be paid  5,706        

into the county treasury.                                          5,707        

      The trial court shall make remittance of the fines and       5,709        

moneys as prescribed in this section, and at the same time as the  5,710        

remittance is made of the state's portion to the state treasury,   5,711        

the trial court shall notify the superintendent of the state       5,712        

highway patrol of the case and the amount covered by the           5,713        

remittance.                                                        5,714        

      This section does not apply to fines for violations of       5,716        

division (B) of section 4513.263 of the Revised Code, or for       5,717        

violations of any municipal ordinance that is substantively        5,718        

comparable to that division, all of which shall be delivered to    5,719        

the treasurer of state as provided in division (E) of section      5,720        

4513.263 of the Revised Code.                                      5,721        

      Sec. 5739.02.  For the purpose of providing revenue with     5,730        

which to meet the needs of the state, for the use of the general   5,731        

revenue fund of the state, for the purpose of securing a thorough  5,732        

and efficient system of common schools throughout the state, for   5,733        

the purpose of affording revenues, in addition to those from       5,734        

general property taxes, permitted under constitutional             5,735        

limitations, and from other sources, for the support of local      5,736        

governmental functions, and for the purpose of reimbursing the     5,737        

state for the expense of administering this chapter, an excise     5,738        

tax is hereby levied on each retail sale made in this state.       5,739        

      (A)  The tax shall be collected pursuant to the schedules    5,741        

in section 5739.025 of the Revised Code.                           5,742        

      The tax applies and is collectible when the sale is made,    5,744        

regardless of the time when the price is paid or delivered.        5,745        

      In the case of a sale, the price of which consists in whole  5,747        

or in part of rentals for the use of the thing transferred, the    5,748        

tax, as regards such rentals, shall be measured by the             5,749        

installments thereof.                                              5,750        

      In the case of a sale of a service defined under division    5,752        

                                                          133    


                                                                 
(MM) or (NN) of section 5739.01 of the Revised Code, the price of  5,753        

which consists in whole or in part of a membership for the         5,754        

receipt of the benefit of the service, the tax applicable to the   5,755        

sale shall be measured by the installments thereof.                5,756        

      (B)  The tax does not apply to the following:                5,758        

      (1)  Sales to the state or any of its political              5,760        

subdivisions, or to any other state or its political subdivisions  5,761        

if the laws of that state exempt from taxation sales made to this  5,762        

state and its political subdivisions;                              5,763        

      (2)  Sales of food for human consumption off the premises    5,765        

where sold;                                                        5,766        

      (3)  Sales of food sold to students only in a cafeteria,     5,768        

dormitory, fraternity, or sorority maintained in a private,        5,769        

public, or parochial school, college, or university;               5,770        

      (4)  Sales of newspapers, and of magazine subscriptions      5,772        

shipped by second class mail, and sales or transfers of magazines  5,773        

distributed as controlled circulation publications;                5,774        

      (5)  The furnishing, preparing, or serving of meals without  5,776        

charge by an employer to an employee provided the employer         5,777        

records the meals as part compensation for services performed or   5,778        

work done;                                                         5,779        

      (6)  Sales of motor fuel upon receipt, use, distribution,    5,782        

or sale of which in this state a tax is imposed by the law of      5,783        

this state, but this exemption shall not apply to the sale of      5,784        

motor fuel on which a refund of the tax is allowable under         5,785        

section 5735.14 of the Revised Code; and the tax commissioner may  5,786        

deduct the amount of tax levied by this section applicable to the  5,787        

price of motor fuel when granting a refund of motor fuel tax       5,788        

pursuant to section 5735.14 of the Revised Code and shall cause    5,789        

the amount deducted to be paid into the general revenue fund of    5,790        

this state;                                                                     

      (7)  Sales of natural gas by a natural gas company, of       5,792        

water by a water-works company, or of steam by a heating company,  5,793        

if in each case the thing sold is delivered to consumers through   5,794        

                                                          134    


                                                                 
pipes or conduits, and all sales of communications services by a   5,795        

telephone or telegraph company, all terms as defined in section    5,796        

5727.01 of the Revised Code;                                       5,797        

      (8)  Casual sales by a person, or auctioneer employed        5,799        

directly by the person to conduct such sales, except as to such    5,801        

sales of motor vehicles, watercraft or outboard motors required    5,802        

to be titled under section 1548.06 of the Revised Code,            5,803        

watercraft documented with the United States coast guard,          5,804        

snowmobiles, and all-purpose vehicles as defined in section        5,805        

4519.01 of the Revised Code;                                       5,806        

      (9)  Sales of services or tangible personal property, other  5,808        

than motor vehicles, mobile homes, and manufactured homes, by      5,810        

churches or by nonprofit organizations operated exclusively for    5,811        

charitable purposes as defined in division (B)(12) of this         5,812        

section, provided that the number of days on which such tangible   5,813        

personal property or services, other than items never subject to   5,814        

the tax, are sold does not exceed six in any calendar year.  If    5,815        

the number of days on which such sales are made exceeds six in     5,816        

any calendar year, the church or organization shall be considered  5,817        

to be engaged in business and all subsequent sales by it shall be  5,818        

subject to the tax.  In counting the number of days, all sales by  5,819        

groups within a church or within an organization shall be          5,820        

considered to be sales of that church or organization, except      5,821        

that sales made by separate student clubs and other groups of      5,822        

students of a primary or secondary school, and sales made by a     5,823        

parent-teacher association, booster group, or similar              5,824        

organization that raises money to support or fund curricular or    5,825        

extracurricular activities of a primary or secondary school,       5,826        

shall not be considered to be sales of such school, and sales by   5,827        

each such club, group, association, or organization shall be       5,828        

counted separately for purposes of the six-day limitation.  This   5,829        

division does not apply to sales by a noncommercial educational    5,830        

radio or television broadcasting station.                          5,831        

      (10)  Sales not within the taxing power of this state under  5,833        

                                                          135    


                                                                 
the Constitution of the United States;                             5,834        

      (11)  The transportation of persons or property, unless the  5,836        

transportation is by a private investigation and security          5,837        

service;                                                           5,838        

      (12)  Sales of tangible personal property or services to     5,840        

churches, to organizations exempt from taxation under section      5,841        

501(c)(3) of the Internal Revenue Code of 1986, and to any other   5,842        

nonprofit organizations operated exclusively for charitable        5,843        

purposes in this state, no part of the net income of which inures  5,844        

to the benefit of any private shareholder or individual, and no    5,845        

substantial part of the activities of which consists of carrying   5,846        

on propaganda or otherwise attempting to influence legislation;    5,847        

sales to offices administering one or more homes for the aged or   5,848        

one or more hospital facilities exempt under section 140.08 of     5,849        

the Revised Code; and sales to organizations described in          5,850        

division (D) of section 5709.12 of the Revised Code.               5,851        

      "Charitable purposes" means the relief of poverty; the       5,853        

improvement of health through the alleviation of illness,          5,854        

disease, or injury; the operation of an organization exclusively   5,856        

for the provision of professional, laundry, printing, and          5,857        

purchasing services to hospitals or charitable institutions; the   5,859        

operation of a home for the aged, as defined in section 5701.13    5,860        

of the Revised Code; the operation of a radio or television        5,861        

broadcasting station that is licensed by the federal               5,862        

communications commission as a noncommercial educational radio or  5,863        

television station; the operation of a nonprofit animal adoption   5,865        

service or a county humane society; the promotion of education by  5,866        

an institution of learning that maintains a faculty of qualified   5,867        

instructors, teaches regular continuous courses of study, and                   

confers a recognized diploma upon completion of a specific         5,868        

curriculum; the operation of a parent-teacher association,         5,869        

booster group, or similar organization primarily engaged in the    5,870        

promotion and support of the curricular or extracurricular         5,871        

activities of a primary or secondary school; the operation of a    5,872        

                                                          136    


                                                                 
community or area center in which presentations in music,          5,873        

dramatics, the arts, and related fields are made in order to       5,874        

foster public interest and education therein; the production of    5,875        

performances in music, dramatics, and the arts; or the promotion   5,877        

of education by an organization engaged in carrying on research                 

in, or the dissemination of, scientific and technological          5,878        

knowledge and information primarily for the public.                5,879        

      Nothing in this division shall be deemed to exempt sales to  5,881        

any organization for use in the operation or carrying on of a      5,882        

trade or business, or sales to a home for the aged for use in the  5,883        

operation of independent living facilities as defined in division  5,884        

(A) of section 5709.12 of the Revised Code.                        5,885        

      (13)  Building and construction materials and services sold  5,887        

to construction contractors for incorporation into a structure or  5,888        

improvement to real property under a construction contract with    5,889        

this state or a political subdivision thereof, or with the United  5,890        

States government or any of its agencies; building and             5,891        

construction materials and services sold to construction           5,892        

contractors for incorporation into a structure or improvement to   5,893        

real property that are accepted for ownership by this state or     5,895        

any of its political subdivisions, or by the United States         5,896        

government or any of its agencies at the time of completion of     5,897        

such structures or improvements; building and construction         5,898        

materials sold to construction contractors for incorporation into  5,899        

a horticulture structure or livestock structure for a person       5,900        

engaged in the business of horticulture or producing livestock;    5,901        

building materials and services sold to a construction contractor  5,902        

for incorporation into a house of public worship or religious      5,903        

education, or a building used exclusively for charitable purposes  5,904        

under a construction contract with an organization whose purpose   5,905        

is as described in division (B)(12) of this section; building and  5,906        

construction materials sold for incorporation into the original    5,907        

construction of a sports facility under section 307.696 of the     5,908        

Revised Code; and building and construction materials and          5,909        

                                                          137    


                                                                 
services sold to a construction contractor for incorporation into  5,910        

real property outside this state if such materials and services,   5,911        

when sold to a construction contractor in the state in which the   5,912        

real property is located for incorporation into real property in   5,913        

that state, would be exempt from a tax on sales levied by that     5,914        

state;                                                             5,915        

      (14)  Sales of ships or vessels or rail rolling stock used   5,917        

or to be used principally in interstate or foreign commerce, and   5,918        

repairs, alterations, fuel, and lubricants for such ships or       5,919        

vessels or rail rolling stock;                                     5,920        

      (15)  Sales to persons engaged in any of the activities      5,922        

mentioned in division (E)(2) or (9) of section 5739.01 of the      5,923        

Revised Code, to persons engaged in making retail sales, or to     5,924        

persons who purchase for sale from a manufacturer tangible         5,925        

personal property that was produced by the manufacturer in         5,926        

accordance with specific designs provided by the purchaser, of     5,927        

packages, including material and parts for packages, and of        5,928        

machinery, equipment, and material for use primarily in packaging  5,929        

tangible personal property produced for sale by or on the order    5,930        

of the person doing the packaging, or sold at retail.  "Packages"  5,931        

includes bags, baskets, cartons, crates, boxes, cans, bottles,     5,932        

bindings, wrappings, and other similar devices and containers,     5,933        

and "packaging" means placing therein.                             5,934        

      (16)  Sales of food to persons using food stamp coupons to   5,936        

purchase the food.  As used in division (B)(16) of this section,   5,937        

"food" has the same meaning as in the "Food Stamp Act of 1977,"    5,938        

91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations   5,939        

adopted pursuant to that act.                                      5,940        

      (17)  Sales to persons engaged in farming, agriculture,      5,942        

horticulture, or floriculture, of tangible personal property for   5,943        

use or consumption directly in the production by farming,          5,944        

agriculture, horticulture, or floriculture of other tangible       5,945        

personal property for use or consumption directly in the           5,946        

production of tangible personal property for sale by farming,      5,947        

                                                          138    


                                                                 
agriculture, horticulture, or floriculture; or material and parts  5,948        

for incorporation into any such tangible personal property for     5,949        

use or consumption in production; and of tangible personal         5,950        

property for such use or consumption in the conditioning or        5,951        

holding of products produced by and for such use, consumption, or  5,952        

sale by persons engaged in farming, agriculture, horticulture, or  5,953        

floriculture, except where such property is incorporated into      5,954        

real property;                                                     5,955        

      (18)  Sales of drugs dispensed by a licensed pharmacist      5,958        

upon the order of a licensed health professional authorized to     5,960        

prescribe drugs to a human being, as the term "licensed health                  

professional authorized to prescribe drugs" is defined in section  5,961        

4729.01 of the Revised Code; insulin as recognized in the          5,963        

official United States pharmacopoeia; urine and blood testing      5,964        

materials when used by diabetics or persons with hypoglycemia to   5,965        

test for glucose or acetone; hypodermic syringes and needles when  5,966        

used by diabetics for insulin injections; epoetin alfa when        5,967        

purchased for use in the treatment of persons with end-stage       5,968        

renal disease; hospital beds when purchased for use by persons     5,970        

with medical problems for medical purposes; and oxygen and         5,971        

oxygen-dispensing equipment when purchased for use by persons      5,972        

with medical problems for medical purposes;                                     

      (19)  Sales of artificial limbs or portion thereof, breast   5,974        

prostheses, and other prosthetic devices for humans; braces or     5,975        

other devices for supporting weakened or nonfunctioning parts of   5,976        

the human body; wheelchairs; devices used to lift wheelchairs      5,977        

into motor vehicles and parts and accessories to such devices;     5,978        

crutches or other devices to aid human perambulation; and items    5,979        

of tangible personal property used to supplement impaired          5,980        

functions of the human body such as respiration, hearing, or       5,981        

elimination.  No exemption under this division shall be allowed    5,982        

for nonprescription drugs, medicines, or remedies; items or        5,983        

devices used to supplement vision; items or devices whose          5,984        

function is solely or primarily cosmetic; or physical fitness      5,985        

                                                          139    


                                                                 
equipment.  This division does not apply to sales to a physician   5,986        

or medical facility for use in the treatment of a patient.         5,987        

      (20)  Sales of emergency and fire protection vehicles and    5,989        

equipment to nonprofit organizations for use solely in providing   5,990        

fire protection and emergency services, INCLUDING TRAUMA CARE AND  5,991        

EMERGENCY MEDICAL SERVICES, for political subdivisions of the      5,993        

state;                                                                          

      (21)  Sales of tangible personal property manufactured in    5,995        

this state, if sold by the manufacturer in this state to a         5,996        

retailer for use in the retail business of the retailer outside    5,997        

of this state and if possession is taken from the manufacturer by  5,999        

the purchaser within this state for the sole purpose of            6,000        

immediately removing the same from this state in a vehicle owned   6,001        

by the purchaser;                                                               

      (22)  Sales of services provided by the state or any of its  6,003        

political subdivisions, agencies, instrumentalities,               6,004        

institutions, or authorities, or by governmental entities of the   6,005        

state or any of its political subdivisions, agencies,              6,006        

instrumentalities, institutions, or authorities;                   6,007        

      (23)  Sales of motor vehicles to nonresidents of this state  6,009        

upon the presentation of an affidavit executed in this state by    6,010        

the nonresident purchaser affirming that the purchaser is a        6,011        

nonresident of this state, that possession of the motor vehicle    6,012        

is taken in this state for the sole purpose of immediately         6,013        

removing it from this state, that the motor vehicle will be        6,014        

permanently titled and registered in another state, and that the   6,015        

motor vehicle will not be used in this state;                      6,016        

      (24)  Sales to persons engaged in the preparation of eggs    6,018        

for sale of tangible personal property used or consumed directly   6,019        

in such preparation, including such tangible personal property     6,020        

used for cleaning, sanitizing, preserving, grading, sorting, and   6,021        

classifying by size; packages, including material and parts for    6,022        

packages, and machinery, equipment, and material for use in        6,023        

packaging eggs for sale; and handling and transportation           6,024        

                                                          140    


                                                                 
equipment and parts therefor, except motor vehicles licensed to    6,025        

operate on public highways, used in intraplant or interplant       6,026        

transfers or shipment of eggs in the process of preparation for    6,027        

sale, when the plant or plants within or between which such        6,028        

transfers or shipments occur are operated by the same person.      6,029        

"Packages" includes containers, cases, baskets, flats, fillers,    6,030        

filler flats, cartons, closure materials, labels, and labeling     6,031        

materials, and "packaging" means placing therein.                  6,032        

      (25)(a)  Sales of water to a consumer for residential use,   6,034        

except the sale of bottled water, distilled water, mineral water,  6,035        

carbonated water, or ice;                                          6,036        

      (b)  Sales of water by a nonprofit corporation engaged       6,038        

exclusively in the treatment, distribution, and sale of water to   6,039        

consumers, if such water is delivered to consumers through pipes   6,040        

or tubing.                                                         6,041        

      (26)  Fees charged for inspection or reinspection of motor   6,043        

vehicles under section 3704.14 of the Revised Code;                6,044        

      (27)  Sales of solar, wind, or hydrothermal energy systems   6,046        

that meet the guidelines established under division (B) of         6,047        

section 1551.20 of the Revised Code, components of such systems    6,048        

that are identified under division (B) or (D) of that section, or  6,049        

charges for the installation of such systems or components, made   6,050        

during the period from August 14, 1979, through December 31,       6,051        

1985;                                                              6,052        

      (28)  Sales to persons licensed to conduct a food service    6,054        

operation pursuant to section 3717.43 of the Revised Code, of      6,055        

tangible personal property primarily used directly for the         6,056        

following:                                                                      

      (a)  To prepare food for human consumption for sale;         6,058        

      (b)  To preserve food that has been or will be prepared for  6,061        

human consumption for sale by the food service operator, not                    

including tangible personal property used to display food for      6,062        

selection by the consumer;                                         6,063        

      (c)  To clean tangible personal property used to prepare or  6,065        

                                                          141    


                                                                 
serve food for human consumption for sale.                         6,066        

      (29)  Sales of animals by nonprofit animal adoption          6,068        

services or county humane societies;                               6,069        

      (30)  Sales of services to a corporation described in        6,071        

division (A) of section 5709.72 of the Revised Code, and sales of  6,072        

tangible personal property that qualifies for exemption from       6,073        

taxation under section 5709.72 of the Revised Code;                6,074        

      (31)  Sales and installation of agricultural land tile, as   6,076        

defined in division (B)(5)(a) of section 5739.01 of the Revised    6,077        

Code;                                                              6,078        

      (32)  Sales and erection or installation of portable grain   6,080        

bins, as defined in division (B)(5)(b) of section 5739.01 of the   6,081        

Revised Code;                                                      6,082        

      (33)  The sale, lease, repair, and maintenance of, parts     6,084        

for, or items attached to or incorporated in, motor vehicles that  6,087        

are primarily used for transporting tangible personal property by  6,088        

a person engaged in highway transportation for hire;               6,089        

      (34)  Sales to the state headquarters of any veterans'       6,091        

organization in Ohio that is either incorporated and issued a      6,092        

charter by the congress of the United States or is recognized by   6,093        

the United States veterans administration, for use by the          6,094        

headquarters;                                                      6,095        

      (35)  Sales to a telecommunications service vendor of        6,097        

tangible personal property and services used directly and          6,098        

primarily in transmitting, receiving, switching, or recording any  6,099        

interactive, two-way electromagnetic communications, including     6,100        

voice, image, data, and information, through the use of any        6,101        

medium, including, but not limited to, poles, wires, cables,       6,102        

switching equipment, computers, and record storage devices and     6,103        

media, and component parts for the tangible personal property.     6,104        

The exemption provided in division (B)(35) of this section shall   6,105        

be in lieu of all other exceptions under division (E)(2) of        6,106        

section 5739.01 of the Revised Code to which a telecommunications  6,107        

service vendor may otherwise be entitled based upon the use of     6,108        

                                                          142    


                                                                 
the thing purchased in providing the telecommunications service.   6,109        

      (36)  Sales of investment metal bullion and investment       6,111        

coins.  "Investment metal bullion" means any elementary precious   6,112        

metal that has been put through a process of smelting or           6,113        

refining, including, but not limited to, gold, silver, platinum,   6,114        

and palladium, and which is in such state or condition that its    6,115        

value depends upon its content and not upon its form.              6,116        

"Investment metal bullion" does not include fabricated precious    6,117        

metal that has been processed or manufactured for one or more      6,119        

specific and customary industrial, professional, or artistic       6,120        

uses.  "Investment coins" means numismatic coins or other forms    6,121        

of money and legal tender manufactured of gold, silver, platinum,  6,122        

palladium, or other metal under the laws of the United States or   6,123        

any foreign nation with a fair market value greater than any       6,124        

statutory or nominal value of such coins.                          6,125        

      (37)(a)  Sales where the purpose of the consumer is to use   6,127        

or consume the things transferred in making retail sales and       6,128        

consisting of newspaper inserts, catalogues, coupons, flyers,      6,129        

gift certificates, or other advertising material that prices and   6,131        

describes tangible personal property offered for retail sale.      6,132        

      (b)  Sales to direct marketing vendors of preliminary        6,134        

materials such as photographs, artwork, and typesetting that will  6,135        

be used in printing advertising material; of printed matter that   6,136        

offers free merchandise or chances to win sweepstake prizes and    6,137        

that is mailed to potential customers with advertising material    6,138        

described in division (B)(37)(a) of this section; and of           6,139        

equipment such as telephones, computers, facsimile machines, and   6,140        

similar tangible personal property primarily used to accept        6,141        

orders for direct marketing retail sales.                          6,142        

      (c)  Sales of automatic food vending machines that preserve  6,144        

food with a shelf life of forty-five days or less by               6,145        

refrigeration and dispense it to the consumer.                     6,146        

      For purposes of division (B)(37) of this section, "direct    6,148        

marketing" means the method of selling where consumers order       6,149        

                                                          143    


                                                                 
tangible personal property by United States mail, delivery         6,150        

service, or telecommunication and the vendor delivers or ships     6,151        

the tangible personal property sold to the consumer from a         6,152        

warehouse, catalogue distribution center, or similar fulfillment   6,153        

facility by means of the United States mail, delivery service, or  6,154        

common carrier.                                                    6,155        

      (38)  Sales to a person engaged in the business of           6,157        

horticulture or producing livestock of materials to be             6,158        

incorporated into a horticulture structure or livestock            6,159        

structure;                                                         6,160        

      (39)  The sale of a motor vehicle that is used exclusively   6,162        

for a vanpool ridesharing arrangement to persons participating in  6,163        

the vanpool ridesharing arrangement when the vendor is selling     6,164        

the vehicle pursuant to a contract between the vendor and the      6,165        

department of transportation;                                                   

      (40)  Sales of personal computers, computer monitors,        6,167        

computer keyboards, modems, and other peripheral computer          6,168        

equipment to an individual who is licensed or certified to teach   6,169        

in an elementary or a secondary school in this state for use by    6,170        

that individual in preparation for teaching elementary or                       

secondary school students;                                         6,171        

      (41)  Sales to a professional racing team of any of the      6,173        

following:                                                         6,174        

      (a)  Motor racing vehicles;                                  6,176        

      (b)  Repair services for motor racing vehicles;              6,179        

      (c)  Items of property that are attached to or incorporated  6,182        

in motor racing vehicles, including engines, chassis, and all      6,183        

other components of the vehicles, and all spare, replacement, and  6,184        

rebuilt parts or components of the vehicles; except not including  6,185        

tires, consumable fluids, paint, and accessories consisting of     6,186        

instrumentation sensors and related items added to the vehicle to  6,187        

collect and transmit data by means of telemetry and other forms    6,188        

of communication.                                                               

      (42)  Sales of used manufactured homes and used mobile       6,190        

                                                          144    


                                                                 
homes, as defined in section 5739.0210 of the Revised Code, made   6,191        

on or after January 1, 2000;                                       6,192        

      (43)  Sales of tangible personal property and services to a  6,194        

provider of electricity used or consumed directly and primarily    6,195        

in generating, transmitting, or distributing electricity for use   6,196        

by others, including property that is or is to be incorporated     6,197        

into and will become a part of the consumer's production,          6,198        

transmission, or distribution system and that retains its          6,199        

classification as tangible personal property after incorporation;  6,200        

fuel or power used in the production, transmission, or             6,201        

distribution of electricity; and tangible personal property and    6,202        

services used in the repair and maintenance of the production,     6,203        

transmission, or distribution system, including only those motor   6,204        

vehicles as are specially designed and equipped for such use.      6,205        

The exemption provided in this division shall be in lieu of all    6,206        

other exceptions in division (E)(2) of section 5739.01 of the      6,207        

Revised Code to which a provider of electricity may otherwise be   6,209        

entitled based on the use of the tangible personal property or     6,210        

service purchased in generating, transmitting, or distributing     6,211        

electricity.                                                                    

      For the purpose of the proper administration of this         6,213        

chapter, and to prevent the evasion of the tax, it is presumed     6,214        

that all sales made in this state are subject to the tax until     6,215        

the contrary is established.                                       6,216        

      As used in this section, except in division (B)(16) of this  6,218        

section, "food" includes cereals and cereal products, milk and     6,219        

milk products including ice cream, meat and meat products, fish    6,220        

and fish products, eggs and egg products, vegetables and           6,221        

vegetable products, fruits, fruit products, and pure fruit         6,222        

juices, condiments, sugar and sugar products, coffee and coffee    6,223        

substitutes, tea, and cocoa and cocoa products.  It does not       6,224        

include:  spirituous or malt liquors; soft drinks; sodas and       6,225        

beverages that are ordinarily dispensed at bars and soda           6,226        

fountains or in connection therewith, other than coffee, tea, and  6,227        

                                                          145    


                                                                 
cocoa; root beer and root beer extracts; malt and malt extracts;   6,228        

mineral oils, cod liver oils, and halibut liver oil; medicines,    6,229        

including tonics, vitamin preparations, and other products sold    6,230        

primarily for their medicinal properties; and water, including     6,231        

mineral, bottled, and carbonated waters, and ice.                  6,232        

      (C)  The levy of an excise tax on transactions by which      6,234        

lodging by a hotel is or is to be furnished to transient guests    6,235        

pursuant to this section and division (B) of section 5739.01 of    6,236        

the Revised Code does not prevent any of the following:            6,237        

      (1)  A municipal corporation or township from levying an     6,239        

excise tax for any lawful purpose not to exceed three per cent on  6,240        

transactions by which lodging by a hotel is or is to be furnished  6,241        

to transient guests in addition to the tax levied by this          6,242        

section.  If a municipal corporation or township repeals a tax     6,243        

imposed under division (C)(1) of this section and a county in      6,244        

which the municipal corporation or township has territory has a    6,245        

tax imposed under division (C) of section 5739.024 of the Revised  6,246        

Code in effect, the municipal corporation or township may not      6,247        

reimpose its tax as long as that county tax remains in effect.  A  6,248        

municipal corporation or township in which a tax is levied under   6,249        

division (B)(2) of section 351.021 of the Revised Code may not     6,250        

increase the rate of its tax levied under division (C)(1) of this  6,251        

section to any rate that would cause the total taxes levied under  6,252        

both of those divisions to exceed three per cent on any lodging    6,253        

transaction within the municipal corporation or township.          6,254        

      (2)  A municipal corporation or a township from levying an   6,256        

additional excise tax not to exceed three per cent on such         6,257        

transactions pursuant to division (B) of section 5739.024 of the   6,258        

Revised Code.  Such tax is in addition to any tax imposed under    6,259        

division (C)(1) of this section.                                   6,260        

      (3)  A county from levying an excise tax pursuant to         6,262        

division (A) of section 5739.024 of the Revised Code.              6,263        

      (4)  A county from levying an excise tax not to exceed       6,265        

three per cent of such transactions pursuant to division (C) of    6,266        

                                                          146    


                                                                 
section 5739.024 of the Revised Code.  Such a tax is in addition   6,267        

to any tax imposed under division (C)(3) of this section.          6,268        

      (5)  A convention facilities authority, as defined in        6,270        

division (A) of section 351.01 of the Revised Code, from levying   6,271        

the excise taxes provided for in division (B) of section 351.021   6,272        

of the Revised Code.                                               6,273        

      (6)  A county from levying an excise tax not to exceed one   6,275        

and one-half per cent of such transactions pursuant to division    6,276        

(D) of section 5739.024 of the Revised Code.  Such tax is in       6,277        

addition to any tax imposed under division (C)(3) or (4) of this   6,278        

section.                                                           6,279        

      (7)  A county from levying an excise tax not to exceed one   6,281        

and one-half per cent of such transactions pursuant to division    6,282        

(E) of section 5739.024 of the Revised Code.  Such a tax is in     6,283        

addition to any tax imposed under division (C)(3), (4), or (6) of  6,284        

this section.                                                      6,285        

      (D)  The levy of this tax on retail sales of recreation and  6,287        

sports club service shall not prevent a municipal corporation      6,288        

from levying any tax on recreation and sports club dues or on any  6,289        

income generated by recreation and sports club dues.               6,290        

      Section 2.  That existing sections 9.60, 125.04, 125.13,     6,292        

3729.17, 3737.66, 4511.191, 4511.81, 4511.99, 4513.263, 4513.99,   6,294        

4765.01, 4765.02, 4765.03, 4765.05, 4765.06, 4765.07, 4765.09,     6,295        

4765.10, 4765.11, 4765.15, 4765.16, 4765.30, 4765.32, 4765.35,     6,296        

4765.37, 4765.38, 4765.39, 4765.40, 4765.50, 4765.55, 4767.08,     6,297        

5502.01, 5503.04, and 5739.02 of the Revised Code are hereby       6,298        

repealed.                                                                       

      Section 3.  The State Board of Emergency Medical Services,   6,300        

with the advice and assistance of its trauma committee, shall      6,302        

study and evaluate the following matters:                                       

      (A)  The status and needs of emergency medical services and  6,304        

adult and pediatric trauma care provided between this state and    6,306        

other jurisdictions;                                                            

      (B)  Methods to improve specialized care provided by         6,308        

                                                          147    


                                                                 
emergency medical service organizations to pediatric and           6,309        

geriatric trauma victims;                                                       

      (C)  The feasibility of recording and reporting information  6,311        

to the state trauma registry by means of portable electronic       6,312        

devices, such as electronic notepads.  The study shall include an  6,313        

analysis of the cost of acquiring, maintaining, and using such     6,315        

devices, potential sources of funding, and training required to                 

ensure effective use of the devices.                               6,316        

      (D)  Methods to ensure that autopsies are performed on       6,318        

appropriate trauma victims and autopsy data are reported to the    6,319        

state trauma registry in a timely manner;                          6,320        

      (E)  Methods to increase advanced trauma life support,       6,322        

basic trauma life support, and prehospital trauma life support     6,323        

training among appropriate health care providers, particularly in  6,325        

rural areas of the state;                                                       

      (F)  The roles hospitals that are not trauma centers play    6,327        

in the state trauma system and regional trauma systems in this     6,328        

state, and methods to enhance those roles;                         6,329        

      (G)  The causes and impact of trauma on minority             6,331        

populations in this state and methods to improve emergency         6,332        

medical services and trauma care for those populations.  This      6,333        

study shall be conducted in cooperation with the Commission on     6,334        

Minority Health.                                                                

      In conducting its studies and developing its findings and    6,336        

recommendations, the board shall consult the appropriate           6,337        

committees and subcommittees of the board; regional directors;     6,338        

regional physician advisory boards; organizations that represent   6,339        

physicians, nurses, and hospitals that care for emergency and                   

trauma patients; emergency medical services organizations;         6,340        

appropriate governmental entities; and the Ohio State Coroners'    6,341        

Association, as appropriate.                                                    

      Not later than three years after the effective date of this  6,343        

act, the board shall report its findings and recommendations to    6,344        

the Governor, the General Assembly, and other appropriate          6,345        

                                                          148    


                                                                 
authorities and organizations.                                                  

      Section 4.  The General Assembly finds that pediatric and    6,347        

geriatric trauma patients have special medical needs that require  6,348        

particular emphasis to improve outcomes for these patients.  It    6,349        

is the intent of the General Assembly to provide for these         6,350        

special needs in a state trauma system and trauma triage                        

protocols approved by the State Board of Emergency Medical         6,351        

Services.                                                                       

      The General Assembly recognizes that hospitals that operate  6,353        

emergency facilities, but are not trauma centers, play an          6,354        

important role in the prompt and appropriate diagnosis,            6,355        

stabilization, and treatment of adult and pediatric trauma         6,356        

patients.  It is the intent of the General Assembly to enhance                  

the quality of emergency care such hospitals provide to trauma     6,357        

patients and to integrate such hospitals into the state and        6,358        

regional trauma systems provided for by this act.  It is also the  6,360        

intent of the General Assembly that community-based emergency      6,361        

medical and trauma services be preserved and that nothing in this  6,362        

act be construed as encouraging the overtriage of patients or the  6,363        

unnecessary transfer of patients.                                  6,364        

      Section 5.  The Director of Health shall organize and        6,366        

coordinate a temporary commission to determine how to better       6,367        

prevent traumatic injuries in this state.  The commission's study  6,369        

shall include, without limitation, consideration of how to                      

improve public safety education and how to prevent pediatric and   6,370        

geriatric injuries.                                                6,371        

      The Department of Public Safety, Department of Natural       6,373        

Resources, Department of Agriculture, Department of Education,     6,374        

Commission on Minority Health, and Bureau of Workers'              6,375        

Compensation shall participate in and assist with the              6,376        

commission's study.                                                             

      Within 120 days after the effective date of this act, the    6,379        

director shall appoint to the commission appropriate public        6,380        

health authorities, entities that conduct safety research and      6,381        

                                                          149    


                                                                 
education, and advocates for injured persons.  Commission members  6,382        

shall have expertise in injury prevention, broadly represent       6,383        

relevant disciplines, and represent all regions of the state.      6,384        

      Within 120 days after the effective date of this act, the    6,386        

Speaker of the House of Representatives shall appoint to the       6,387        

commission one member of the majority party and one member of the  6,388        

minority party in the House of Representatives and the President   6,389        

of the Senate shall appoint to the commission one member of the    6,390        

majority party and one member of the minority party in the         6,391        

Senate.                                                                         

      In conducting its study and developing its recommendations,  6,393        

the commission shall consult and cooperate with the Trauma         6,395        

Committee of the State Board of Emergency Medical Services.  The   6,396        

commission shall conclude its study and disband not later than     6,398        

three years after the effective date of this section, whereupon    6,399        

the director shall transmit the commission's findings and          6,400        

recommendations to the Governor, General Assembly, chief                        

executive of each state agency specified in this section, and      6,401        

other appropriate persons.                                         6,402        

      Section 6.  The Director of Health shall organize and        6,404        

coordinate a temporary commission to determine how to improve the  6,406        

accessibility, affordability, quality, and cost-effectiveness of   6,407        

post-critical adult and pediatric trauma care.  The commission's   6,408        

study shall include, without limitation, consideration of          6,409        

appropriate transfer of adult and pediatric trauma victims from    6,410        

regional trauma centers to other health care facilities;           6,411        

physical, psychological, and vocational rehabilitation of adult    6,412        

and pediatric trauma victims; re-employment of trauma victims;     6,414        

social support mechanisms for families of adult and pediatric      6,415        

trauma victims; and mitigation of the effects of pediatric and     6,417        

geriatric trauma.                                                               

      The Rehabilitation Services Commission, Department of        6,419        

Aging, Bureau of Workers' Compensation, and Bureau of Employment   6,420        

Services shall participate in and assist with the commission's     6,422        

                                                          150    


                                                                 
study.                                                                          

      Within 120 days after the effective date of this act, the    6,425        

director shall appoint to the commission appropriate public        6,426        

health authorities; entities that represent injury victims;        6,427        

certified safety professionals; employers; employment training     6,428        

and placement services; agricultural organizations; highway                     

safety and motorists' organizations; health insurers; providers    6,429        

of social services to injury victims; nursing and rehabilitation   6,430        

institutions; victims of violent crime; hospitals; and             6,431        

professionals active in physical, psychological, and vocational    6,432        

therapy.  Commission members shall have expertise in               6,433        

rehabilitation and retraining of injury victims, broadly           6,434        

represent relevant disciplines, and represent all regions of the   6,435        

state.                                                                          

      Within 120 days after the effective date of this act, the    6,438        

Speaker of the House of Representatives shall appoint to the       6,439        

commission one member of the majority party and one member of the  6,440        

minority party in the House of Representatives and the President                

of the Senate shall appoint to the commission one member of the    6,441        

majority party and one member of the minority party in the         6,442        

Senate.                                                                         

      In conducting its study and developing its recommendations,  6,445        

the commission shall consult with and cooperate with the Trauma    6,446        

Committee of the State Board of Emergency Medical Services.  The   6,447        

commission shall conclude its study and disband not later than     6,448        

three years after the effective date of this section, whereupon    6,449        

the director shall transmit the commission's findings and          6,450        

recommendations to the Governor, General Assembly, chief                        

executive of each state agency specified in this section, and      6,451        

other appropriate persons.                                         6,452        

      Section 7. The staff of the Legislative Service Commission,  6,454        

subject to the Commission's approval, shall evaluate the           6,455        

effectiveness of the State Board of Emergency Medical Services     6,456        

and its staff in fulfilling the Board's duties.  The Commission    6,457        

                                                          151    


                                                                 
staff shall prepare a preliminary report of its findings and       6,458        

recommendations not later than one year after the effective date   6,459        

of this section.  The report shall be submitted to the Commission  6,460        

and the Board.  Not later than one year after the preliminary      6,461        

report is submitted, the Commission staff shall prepare a final    6,462        

report of its findings and recommendations, including an analysis  6,463        

of the Board's success in implementing the recommendations made    6,464        

in the preliminary report.                                         6,465        

      Section 8.  The staff of the Legislative Service             6,467        

Commission, subject to the Commission's approval, shall prepare a  6,468        

report on the trauma care system in this state.  The report shall  6,470        

include an analysis of the effects of this act pertaining to the   6,471        

delivery of trauma care and the verification of hospitals as                    

trauma centers.  The report shall be submitted to the Commission   6,472        

not later than four years after the effective date of this         6,473        

section.                                                           6,474        

      Section 9.  Section 4511.191 of the Revised Code is          6,476        

presented in this act as a composite of the section as amended by  6,477        

both Am. Sub. S.B. 22 and Am. Sub. S.B. 107 of the 123rd General   6,478        

Assembly, with the new language of neither of the acts shown in    6,479        

capital letters.  Section 4511.99 of the Revised Code is           6,480        

presented in this act as a composite of the section as amended by  6,481        

Am. H.B. 80, Sub. H.B. 86, Sub. H.B. 148, Am. Sub. S.B. 22, and    6,482        

Am. Sub. S.B. 107 of the 123rd General Assembly, with the new      6,484        

language of none of the acts shown in capital letters.  Section    6,485        

5739.02 of the Revised Code is presented in this act as a          6,486        

composite of the section as amended by both Sub. H.B. 223 and Am.  6,487        

Sub. S.B. 3 of the 123rd General Assembly, with the new language   6,488        

of neither of the acts shown in capital letters.  This is in       6,489        

recognition of the principle stated in division (B) of section                  

1.52 of the Revised Code that such amendments are to be            6,490        

harmonized where not substantively irreconcilable and constitutes  6,491        

a legislative finding that such are the resulting versions in      6,492        

effect prior to the effective date of this act.