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.