As Introduced

125th General Assembly Regular Session 2003-2004

H. B. No. 85

Representatives Raussen, Raga, Wagner, McGregor, Kearns, Husted, Ujvagi, Allen, Schneider 

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A BILL

To amend sections 307.051, 307.055, 505.37, 505.375,

1

505.72, 4503.49, 4513.263, 4766.01, 4766.02,

2

4766.03, 4766.04, 4766.05, 4766.06, 4766.07,

3

4766.08, 4766.09, 4766.10, 4766.11, 4766.12,

4

4766.13, and 5503.12 and to enact sections

5

4766.15, 4766.17, and 4766.20 of the Revised Code

6

to authorize the Ohio Ambulance Licensing Board to

7

license commercial medical service organizations

8

that operate ambulette vehicles for the

9

transportation of persons who require the use of a

10

wheelchair and air medical service organizations

11

that operate air medical transportation, to add

12

four members to the Board, to rename the Board the

13

Ohio Medical Transportation Board, and to amend

14

the version of section 4513.263 of the Revised

15

Code that is scheduled to take effect January 1,

16

2004, to continue the provisions of this act on

17

and after that effective date.

18

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 307.051, 307.055, 505.37, 505.375,	19
505.72, 4503.49, 4513.263, 4766.01, 4766.02, 4766.03, 4766.04,	20
4766.05, 4766.06, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,	21
4766.12, 4766.13, and 5503.12 be amended and sections 4766.15,	22
4766.17, and 4766.20 of the Revised Code be enacted to read as	23
follows:	24

Sec. 307.051.  As used in this section, "emergency medical	25
service organization" has the same meaning as in section 4766.01	26
of the Revised Code.	27

A board of county commissioners, by adoption of an	28
appropriate resolution, may choose to have the Ohio ambulance	29
licensingmedical transportation board license any emergency	30
medical service organization it operates. If a board adopts such a	31
resolution, Chapter 4766. of the Revised Code, except for sections	32
4766.06 and 4766.99 of the Revised Code, applies to the county	33
emergency medical service organization. All rules adopted under	34
the applicable sections of that chapter also apply to the	35
organization. A board, by adoption of an appropriate resolution,	36
may remove its emergency medical service organization from the	37
jurisdiction of the Ohio ambulance licensingmedical	38
transportation board.	39

Sec. 307.055.  (A) Subject to the terms and conditions of the	40
joint resolution creating it, each joint emergency medical	41
services district may furnish ambulance services and emergency	42
medical services by one of the following methods:	43

(1) By operating an emergency medical service organization as	44
defined in section 4765.01 of the Revised Code;	45

(2) By contracting for the operation of one or more	46
facilities pursuant to division (C) or (D) of this section;	47

(3) By providing necessary services and equipment to the	48
district either directly or under a contract entered into pursuant	49
to division (B) of this section;	50

(4) By providing service through any combination of methods	51
described in divisions (A)(1) to (3) of this section.	52

(B) In order to obtain ambulance service, to obtain	53
additional ambulance service in times of emergency, or to obtain	54
emergency medical services, a joint emergency medical services	55
district may enter into a contract, for a period not to exceed	56
three years, with one or more counties, townships, municipal	57
corporations, joint fire districts, other governmental units that	58
provide ambulance service or emergency medical services, nonprofit	59
corporations, or private ambulance owners, regardless of whether	60
the entities contracted with are located within or outside this	61
state, upon such terms as are agreed to, to furnish or receive	62
ambulance services or the interchange of ambulance services or	63
emergency medical services within the several territories of the	64
contracting subdivisions, if the contract is first authorized by	65
all boards of trustees and legislative authorities in the	66
territories to be served.	67

Such a contract may provide for a fixed annual charge to be	68
paid at the times agreed upon and stipulated in the contract; or	69
for compensation based on a stipulated price for each run, call,	70
or emergency or based on the elapsed time of service required for	71
each run, call, or emergency, or based on any combination of	72
these.	73

Expenditures of a district for ambulance service or emergency	74
medical service, whether pursuant to contract or otherwise, are	75
lawful expenditures, regardless of whether the district or the	76
party with which it contracts charges an additional fee to users	77
of the service.	78

(C) The board of trustees may enter into a contract with any	79
person, municipal corporation, township, or other political	80
subdivision, and any political subdivision may contract with the	81
board, for the operation and maintenance of emergency medical	82
services facilities regardless of whether the facilities used are	83
owned or leased by the district, by another political subdivision,	84
or by the contractor.	85

(D) The district may purchase, lease, and maintain all	86
materials, buildings, land, and equipment, including vehicles, the	87
board considers necessary for the district.	88

When the board finds, by resolution, that the district has	89
personal property that is not needed for public use, or is	90
obsolete or unfit for the use for which it was acquired, the board	91
may dispose of the property in the same manner as provided in	92
section 307.12 of the Revised Code.	93

(E) Any contract entered into by a joint emergency medical	94
services district shall conform to the same bidding requirements	95
that apply to county contracts under sections 307.86 to 307.92 of	96
the Revised Code.	97

(F) A county participating in a joint district may contribute	98
any of its rights or interests in real or personal property,	99
including money, and may contribute services to the district. Any	100
such contributions shall be made by a written agreement between	101
the contributing county and the district, specifying the	102
contribution as well as the rights of the participating counties	103
in the contributed property. Written agreements shall also be	104
prepared specifying the rights of participating counties in	105
property acquired by the district other than by contribution of a	106
participating county. Written agreements required by this division	107
may be amended only by written agreement of all parties to the	108
original agreement.	109

(G) A district's board of trustees, by adoption of an	110
appropriate resolution, may choose to have the Ohio ambulance	111
licensingmedical transportation board license any emergency	112
medical service organization the district operates. If a board	113
adopts such a resolution, Chapter 4766. of the Revised Code,	114
except for sections 4766.06 and 4766.99 of the Revised Code,	115
applies to the district emergency medical service organization.	116
All rules adopted under the applicable sections of that chapter	117
also apply to the organization. A board, by adoption of an	118
appropriate resolution, may remove the district emergency medical	119
service organization from the jurisdiction of the Ohio ambulance	120
licensingmedical transportation board.	121

Sec. 505.37.  (A) The board of township trustees may	122
establish all necessary rules to guard against the occurrence of	123
fires and to protect the property and lives of the citizens	124
against damage and accidents, and may, with the approval of the	125
specifications by the prosecuting attorney or, if the township has	126
adopted limited home rule government under chapterChapter 504,.	127
of the Revised Code, with the approval of the specifications by	128
the township's law director, purchase or otherwise provide any	129
fire apparatus, mechanical resuscitators, or other equipment,	130
appliances, materials, fire hydrants, and water supply for	131
fire-fighting purposes that seems advisable to the board. The	132
board shall provide for the care and maintenance of fire	133
equipment, and, for these purposes, may purchase, lease, or	134
construct and maintain necessary buildings, and it may establish	135
and maintain lines of fire-alarm communications within the limits	136
of the township. The board may employ one or more persons to	137
maintain and operate fire-fighting equipment, or it may enter into	138
an agreement with a volunteer fire company for the use and	139
operation of fire-fighting equipment. The board may compensate the	140
members of a volunteer fire company on any basis and in any amount	141
that it considers equitable.	142

(B) The boards of township trustees of any two or more	143
townships, or the legislative authorities of any two or more	144
political subdivisions, or any combination thereof, may, through	145
joint action, unite in the joint purchase, maintenance, use, and	146
operation of fire-fighting equipment, or for any other purpose	147
designated in sections 505.37 to 505.42 of the Revised Code, and	148
may prorate the expense of the joint action on any terms that are	149
mutually agreed upon.	150

(C) The board of township trustees of any township may, by	151
resolution, whenever it is expedient and necessary to guard	152
against the occurrence of fires or to protect the property and	153
lives of the citizens against damages resulting from their	154
occurrence, create a fire district of any portions of the township	155
that it considers necessary. The board may purchase or otherwise	156
provide any fire apparatus, appliances, materials, fire hydrants,	157
and water supply for fire-fighting purposes, or may contract for	158
the fire protection for the fire district as provided in section	159
9.60 of the Revised Code. The fire district so created shall be	160
given a separate name by which it shall be known.	161

Additional unincorporated territory of the township may be	162
added to a fire district upon the board's adoption of a resolution	163
authorizing the addition. A municipal corporation that is within	164
or adjoining the township may be added to a fire district upon the	165
board's adoption of a resolution authorizing the addition and the	166
municipal legislative authority's adoption of a resolution or	167
ordinance requesting the addition of the municipal corporation to	168
the fire district.	169

If the township fire district imposes a tax, additional	170
unincorporated territory of the township or a municipal	171
corporation that is within or adjoining the township shall become	172
part of the fire district only after all of the following have	173
occurred:	174

(1) Adoption by the board of township trustees of a	175
resolution approving the expansion of the territorial limits of	176
the district and, if the resolution proposes to add a municipal	177
corporation, adoption by the municipal legislative authority of a	178
resolution or ordinance requesting the addition of the municipal	179
corporation to the district;	180

(2) Adoption by the board of township trustees of a	181
resolution recommending the extension of the tax to the additional	182
territory;	183

(3) Approval of the tax by the electors of the territory	184
proposed for addition to the district.	185

Each resolution of the board adopted under division (C)(2) of	186
this section shall state the name of the fire district, a	187
description of the territory to be added, and the rate and	188
termination date of the tax, which shall be the rate and	189
termination date of the tax currently in effect in the fire	190
district.	191

The board of trustees shall certify each resolution adopted	192
under division (C)(2) of this section to the board of elections in	193
accordance with section 5705.19 of the Revised Code. The election	194
required under division (C)(3) of this section shall be held,	195
canvassed, and certified in the manner provided for the submission	196
of tax levies under section 5705.25 of the Revised Code, except	197
that the question appearing on the ballot shall read:	198

"Shall the territory within ........................	199
(description of the proposed territory to be added) be added to	200
........................ (name) fire district, and a property tax	201
at a rate of taxation not exceeding ...... (here insert tax rate)	202
be in effect for .......... (here insert the number of years the	203
tax is to be in effect or "a continuing period of time," as	204
applicable)?"	205

If the question is approved by at least a majority of the	206
electors voting on it, the joinder shall be effective as of the	207
first day of July of the year following approval, and on that	208
date, the township fire district tax shall be extended to the	209
taxable property within the territory that has been added. If the	210
territory that has been added is a municipal corporation and if it	211
had adopted a tax levy for fire purposes, the levy is terminated	212
on the effective date of the joinder.	213

Any municipal corporation may withdraw from a township fire	214
district created under division (C) of this section by the	215
adoption by the municipal legislative authority of a resolution or	216
ordinance ordering withdrawal. On the first day of July of the	217
year following the adoption of the resolution or ordinance of	218
withdrawal, the municipal corporation withdrawing ceases to be a	219
part of the district, and the power of the fire district to levy a	220
tax upon taxable property in the withdrawing municipal corporation	221
terminates, except that the fire district shall continue to levy	222
and collect taxes for the payment of indebtedness within the	223
territory of the fire district as it was composed at the time the	224
indebtedness was incurred.	225

Upon the withdrawal of any municipal corporation from a	226
township fire district created under division (C) of this section,	227
the county auditor shall ascertain, apportion, and order a	228
division of the funds on hand, moneys and taxes in the process of	229
collection except for taxes levied for the payment of	230
indebtedness, credits, and real and personal property, either in	231
money or in kind, on the basis of the valuation of the respective	232
tax duplicates of the withdrawing municipal corporation and the	233
remaining territory of the fire district.	234

A board of township trustees may remove unincorporated	235
territory of the township from the fire district upon the adoption	236
of a resolution authorizing the removal. On the first day of July	237
of the year following the adoption of the resolution, the	238
unincorporated township territory described in the resolution	239
ceases to be a part of the district, and the power of the fire	240
district to levy a tax upon taxable property in that territory	241
terminates, except that the fire district shall continue to levy	242
and collect taxes for the payment of indebtedness within the	243
territory of the fire district as it was composed at the time the	244
indebtedness was incurred.	245

(D) The board of township trustees of any township, the board	246
of fire district trustees of a fire district created under section	247
505.371 of the Revised Code, or the legislative authority of any	248
municipal corporation may purchase the necessary fire-fighting	249
equipment, buildings, and sites for the township, fire district,	250
or municipal corporation and issue securities for that purpose	251
with maximum maturities as provided in section 133.20 of the	252
Revised Code. The board of township trustees, board of fire	253
district trustees, or legislative authority may also construct any	254
buildings necessary to house fire-fighting equipment and issue	255
securities for that purpose with maximum maturities as provided in	256
section 133.20 of the Revised Code. The board of township	257
trustees, board of fire district trustees, or legislative	258
authority may issue the securities of the township, fire district,	259
or municipal corporation, signed by the board or designated	260
officer of the municipal corporation and attested by the signature	261
of the township, fire district, or municipal clerk, covering any	262
deferred payments and payable at the times provided, which	263
securities shall bear interest not to exceed the rate determined	264
as provided in section 9.95 of the Revised Code, and shall not be	265
subject to Chapter 133. of the Revised Code. The legislation	266
authorizing the issuance of the securities shall provide for	267
levying and collecting annually by taxation, amounts sufficient to	268
pay the interest on and principal of the securities. The	269
securities shall be offered for sale on the open market or given	270
to the vendor or contractor if no sale is made.	271

(E) A board of township trustees of any township or a board	272
of fire district trustees of a fire district created under section	273
505.371 of the Revised Code may purchase a policy or policies of	274
liability insurance for the officers, employees, and appointees of	275
the fire department, fire district, or joint fire district	276
governed by the board that includes personal injury liability	277
coverage as to the civil liability of those officers, employees,	278
and appointees for false arrest, detention, or imprisonment,	279
malicious prosecution, libel, slander, defamation or other	280
violation of the right of privacy, wrongful entry or eviction, or	281
other invasion of the right of private occupancy, arising out of	282
the performance of their duties.	283

When a board of township trustees cannot, by deed of gift or	284
by purchase and upon terms it considers reasonable, procure land	285
for a township fire station that is needed in order to respond in	286
reasonable time to a fire or medical emergency, the board may	287
appropriate land for that purpose under sections 163.01 to 163.22	288
of the Revised Code. If it is necessary to acquire additional	289
adjacent land for enlarging or improving the fire station, the	290
board may purchase, appropriate, or accept a deed of gift for the	291
land for these purposes.	292

(F) As used in this division, "emergency medical service	293
organization" has the same meaning as in section 4766.01 of the	294
Revised Code.	295

A board of township trustees, by adoption of an appropriate	296
resolution, may choose to have the Ohio ambulance licensing	297
medical transportation board license any emergency medical service	298
it operates. If the board adopts such a resolution, Chapter 4766.	299
of the Revised Code, except for sections 4766.06 and 4766.99 of	300
the Revised Code, applies to the organization. All rules adopted	301
under the applicable sections of that chapter also apply to the	302
organization. A board of township trustees, by adoption of an	303
appropriate resolution, may remove its emergency medical service	304
organization from the jurisdiction of the Ohio ambulance licensing	305
medical transportation board.	306

Sec. 505.375.  (A) The board of a joint ambulance district	307
created under section 505.71 of the Revised Code and the board of	308
a joint fire district created under section 505.371 of the Revised	309
Code may negotiate in accordance with this section to combine	310
their two joint districts into a single district, called a fire	311
and ambulance district, for the delivery of both fire and	312
ambulance services, if the geographic area covered by the	313
combining joint districts is exactly the same. Both boards shall	314
adopt a joint resolution ratifying the agreement and setting a	315
date on which the fire and ambulance district shall come into	316
being. On that date, the joint fire district and the joint	317
ambulance district shall cease to exist, and the power of each to	318
levy a tax upon taxable property shall terminate, except that any	319
levy of a tax for the payment of indebtedness within the territory	320
of the joint fire or joint ambulance district as it was composed	321
at the time the indebtedness was incurred shall continue to be	322
collected by the successor fire and ambulance district if the	323
indebtedness remains unpaid.	324

All funds and other property of the joint districts that	325
combined into the fire and ambulance district shall become the	326
property of the fire and ambulance district, unless otherwise	327
provided in the negotiated agreement. The agreement shall provide	328
for the settlement of all debts and obligations of the joint	329
districts.	330

(B) The governing body of the fire and ambulance district	331
shall be a board of trustees of at least three but no more than	332
nine members, appointed as provided in the agreement creating the	333
district. Members of the board of trustees may be compensated at a	334
rate not to exceed thirty dollars per meeting for not more than	335
fifteen meetings per year, and may be reimbursed for all necessary	336
expenses incurred, as provided in the agreement creating the	337
district.	338

The board shall employ a clerk and other employees as it	339
considers best, including a fire chief or fire prevention	340
officers, and shall fix their compensation. Neither this section	341
nor any other section of the Revised Code requires, or shall be	342
construed to require, that the fire chief of a fire and ambulance	343
district be a resident of the district.	344

Before entering upon the duties of office, the clerk shall	345
execute a bond, in the amount and with surety to be approved by	346
the board, payable to the state, conditioned for the faithful	347
performance of all of the clerk's official duties. The clerk shall	348
deposit the bond with the presiding officer of the board, who	349
shall file a copy of it, certified by the presiding officer, with	350
the county auditor of the county containing the most territory in	351
the district.	352

The board shall also provide for the appointment of a fiscal	353
officer for the district. The board may also enter into agreements	354
with volunteer fire companies for the use and operation of	355
fire-fighting equipment. Volunteer firefighters acting under such	356
an agreement are subject to the requirements for volunteer	357
firefighters set forth in division (A) of section 505.38 of the	358
Revised Code.	359

Employees of the district shall not be removed from office	360
except as provided by sections 733.35 to 733.39 of the Revised	361
Code, except that, to initiate removal proceedings, the board	362
shall designate a private citizen or, if the employee is employed	363
as a firefighter, the board may designate the fire chief, to	364
investigate, conduct the proceedings, and prepare the necessary	365
charges in conformity with sections 733.35 to 733.39 of the	366
Revised Code, and except that the board shall perform the	367
functions and duties specified for the municipal legislative	368
authority under those sections. The board may pay reasonable	369
compensation to any private citizen hired for services rendered in	370
the matter.	371

No person shall be appointed as a permanent full-time paid	372
member of the district whose duties include fire fighting, or be	373
appointed as a volunteer firefighter, unless that person has	374
received a certificate issued under former section 3303.07 or	375
section 4765.55 of the Revised Code evidencing satisfactory	376
completion of a firefighter training program. The board may send	377
its officers and firefighters to schools of instruction designed	378
to promote the efficiency of firefighters and, if authorized in	379
advance, may pay their necessary expenses from the funds used for	380
the maintenance and operation of the district.	381

The board may choose, by adoption of an appropriate	382
resolution, to have the Ohio ambulance licensingmedical	383
transportation board license any emergency medical service	384
organization it operates. If the board adopts such a resolution,	385
Chapter 4766. of the Revised Code, except for sections 4766.06 and	386
4766.99 of the Revised Code, applies to the organization. All	387
rules adopted under the applicable sections of that chapter also	388
apply to the organization. The board may likewise, by resolution,	389
remove its emergency medical service organization from the	390
jurisdiction of the Ohio ambulance licensingmedical	391
transportation board.	392

(C) The board may exercise the following powers:

393

(1) Purchase or otherwise provide any fire apparatus,	394
mechanical resuscitators, or other fire or ambulance equipment,	395
appliances, or materials; fire hydrants; and water supply for	396
fire-fighting purposes that seems advisable to the board;	397

(2) Provide for the care and maintenance of equipment and,	398
for that purpose, purchase, lease, or construct and maintain	399
necessary buildings;	400

(3) Establish and maintain lines of fire-alarm communications	401
within the limits of the district;	402

(4) Appropriate land for a fire station or medical emergency	403
unit needed in order to respond in reasonable time to a fire or	404
medical emergency, in accordance with Chapter 163. of the Revised	405
Code;	406

(5) Purchase, appropriate, or accept a deed or gift of land	407
to enlarge or improve a fire station or medical emergency unit;	408

(6) Purchase, lease, maintain, and use all materials,	409
equipment, vehicles, buildings, and land necessary to perform its	410
duties;	411

(7) Contract for a period not to exceed three years with one	412
or more townships, municipal corporations, counties, joint fire	413
districts, governmental agencies, nonprofit corporations, or	414
private ambulance owners located either within or outside the	415
state, to furnish or receive ambulance services or emergency	416
medical services within the several territories of the contracting	417
parties, if the contract is first authorized by all boards of	418
trustees and legislative authorities concerned;	419

(8) Establish reasonable charges for the use of ambulance or	420
emergency medical services under the same conditions under which a	421
board of fire district trustees may establish those charges under	422
section 505.371 of the Revised Code;	423

(9) Establish all necessary rules to guard against the	424
occurrence of fires and to protect property and lives against	425
damage and accidents;	426

(10) Adopt a standard code pertaining to fire, fire hazards,	427
and fire prevention prepared and promulgated by the state or by a	428
public or private organization that publishes a model or standard	429
code;	430

(11) Provide for charges for false alarms at commercial	431
establishments in the same manner as joint fire districts are	432
authorized to do under section 505.391 of the Revised Code;	433

(12) Issue bonds and other evidences of indebtedness, subject	434
to Chapter 133. of the Revised Code, but only after approval by a	435
vote of the electors of the district as provided by section 133.18	436
of the Revised Code;	437

(13) To provide the services and equipment it considers	438
necessary, levy a sufficient tax, subject to Chapter 5705. of the	439
Revised Code, on all the taxable property in the district.	440

(D) Any municipal corporation or township may join an	441
existing fire and ambulance district by its legislative	442
authority's adoption of a resolution requesting the membership and	443
upon approval of the board of the district. Any municipal	444
corporation or township may withdraw from a district by its	445
legislative authority's adoption of a resolution ordering	446
withdrawal. Upon its withdrawal, the municipal corporation or	447
township ceases to be a part of the district, and the district's	448
power to levy a tax on taxable property in the withdrawing	449
township or municipal corporation terminates, except that the	450
district shall continue to levy and collect taxes for the payment	451
of indebtedness within the territory of the district as it was	452
composed at the time the indebtedness was incurred.	453

Upon the withdrawal of any township or municipal corporation	454
from a district, the county auditor of the county containing the	455
most territory in the district shall ascertain, apportion, and	456
order a division of the funds on hand, including funds in the	457
ambulance and emergency medical services fund, moneys and taxes in	458
the process of collection, except for taxes levied for the payment	459
of indebtedness, credits, and real and personal property on the	460
basis of the valuation of the respective tax duplicates of the	461
withdrawing municipal corporation or township and the remaining	462
territory of the district.	463

(E) As used in this section:

464

(1) "Governmental agency" includes all departments, boards,	465
offices, commissions, agencies, colleges, universities,	466
institutions, and other instrumentalities of this or another	467
state.	468

(2) "Emergency medical service organization" has the same	469
meaning as in section 4766.01 of the Revised Code.	470

Sec. 505.72.  (A) The board of trustees of a joint ambulance	471
district shall provide for the employment of such employees as it	472
considers best, and shall fix their compensation. Such employees	473
shall continue in office until removed as provided by sections	474
733.35 to 733.39 of the Revised Code. To initiate removal	475
proceedings, and for such purpose, the board shall designate a	476
private citizen to investigate the conduct and prepare the	477
necessary charges in conformity with sections 733.35 to 733.39 of	478
the Revised Code. The board may pay reasonable compensation to	479
such person for the person's services.	480

In case of the removal of an employee of the district, an	481
appeal may be had from the decision of the board to the court of	482
common pleas of the county in which such district, or part of it,	483
is situated, to determine the sufficiency of the cause of removal.	484
Such appeal from the findings of the board shall be taken within	485
ten days.	486

(B) As used in this division, "emergency medical service	487
organization" has the same meaning as in section 4765.01 of the	488
Revised Code.	489

(1) In order to obtain the services of ambulance service	490
organizations, to obtain additional services from ambulance	491
service organizations in times of emergency, or to obtain the	492
services of emergency medical service organizations, a district	493
may enter into a contract, for a period not to exceed three years,	494
with one or more townships, municipal corporations, joint fire	495
districts, nonprofit corporations, any other governmental unit	496
that provides ambulance services or emergency medical services, or	497
with private ambulance owners, regardless of whether such	498
townships, municipal corporations, joint fire districts, nonprofit	499
corporations, governmental unit, or private ambulance owners are	500
located within or without this state, upon such terms as are	501
agreed to, to furnish or receive services from ambulance or	502
emergency medical service organizations or the interchange of	503
services from ambulance or emergency medical service organizations	504
within the several territories of the contracting subdivisions, if	505
such contract is first authorized by all boards of trustees and	506
legislative authorities concerned.	507

The contract may provide for a fixed annual charge to be paid	508
at the times agreed upon and stipulated in the contract, or for	509
compensation based upon a stipulated price for each run, call, or	510
emergency, or the elapsed time of service required in such run,	511
call, or emergency, or any combination thereof.	512

(2) Expenditures of a district for the services of ambulance	513
service organizations or emergency medical service organizations,	514
whether pursuant to contract or otherwise, are lawful	515
expenditures, regardless of whether the district or the party with	516
which it contracts charges additional fees to users of the	517
services.	518

(3) A district's board of trustees, by adoption of an	519
appropriate resolution, may choose to have the Ohio ambulance	520
licensingmedical transportation board license any emergency	521
medical service organization the district operates. If a board	522
adopts such a resolution, Chapter 4766. of the Revised Code,	523
except for sections 4766.06 and 4766.99 of the Revised Code,	524
applies to the district emergency medical service organization.	525
All rules adopted under the applicable sections of that chapter	526
also apply to the organization. A board, by adoption of an	527
appropriate resolution, may remove the district emergency medical	528
service organization from the jurisdiction of the Ohio ambulance	529
licensingmedical transportation board.	530

(C) Ambulance services or emergency medical services rendered	531
for a joint ambulance district under this section and section	532
505.71 of the Revised Code shall be deemed services of the	533
district. These sections do not authorize suits against a district	534
or any township or municipal corporation providing or receiving,	535
or contracting to provide or receive, such services under these	536
sections for damages for injury or loss to persons or property or	537
for wrongful death caused by persons providing such services.	538

Sec. 4503.49.  (A) As used in this section, "ambulance,"	539
"ambulette," "emergency medical service organization," "medical	540
service organization," and "nontransport vehicle" have the same	541
meanings as in section 4766.01 of the Revised Code.	542

(B) Each private emergency medical service organization and	543
medical service organization shall apply to the registrar of motor	544
vehicles for the registration of any ambulance, ambulette, or	545
nontransport vehicle it owns or leases. The application shall be	546
accompanied by a copy of the certificate of licensure issued to	547
the organization by the Ohio ambulance licensingmedical	548
transportation board and the following fees:	549

(1) The regular license tax as prescribed under section	550
4503.04 of the Revised Code;	551

(2) Any local license tax levied under Chapter 4504. of the	552
Revised Code;	553

(3) An additional fee of seven dollars and fifty cents. The	554
additional fee shall be for the purpose of compensating the bureau	555
of motor vehicles for additional services required to be performed	556
under this section and shall be transmitted by the registrar to	557
the treasurer of state for deposit in the state bureau of motor	558
vehicles fund created by section 4501.25 of the Revised Code.	559

(C) On receipt of a complete application, the registrar shall	560
issue to the applicant the appropriate certificate of registration	561
for the vehicle and do one of the following:	562

(1) Issue a set of license plates with a validation sticker	563
and a set of stickers to be attached to the plates as an	564
identification of the vehicle's classification as an ambulance,	565
ambulette, or nontransport vehicle;	566

(2) Issue a validation sticker alone when so required by	567
section 4503.191 of the Revised Code.	568

Sec. 4513.263.  (A) As used in this section and in section	569
4513.99 of the Revised Code:	570

(1) "Automobile" means any commercial tractor, passenger car,	571
commercial car, or truck that is required to be factory-equipped	572
with an occupant restraining device for the operator or any	573
passenger by regulations adopted by the United States secretary of	574
transportation pursuant to the "National Traffic and Motor Vehicle	575
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	576

(2) "Occupant restraining device" means a seat safety belt,	577
shoulder belt, harness, or other safety device for restraining a	578
person who is an operator of or passenger in an automobile and	579
that satisfies the minimum federal vehicle safety standards	580
established by the United States department of transportation.	581

(3) "Passenger" means any person in an automobile, other than	582
its operator, who is occupying a seating position for which an	583
occupant restraining device is provided.	584

(4) "Commercial tractor," "passenger car," and "commercial	585
car" have the same meanings as in section 4501.01 of the Revised	586
Code.	587

(5) "Vehicle" and "motor vehicle," as used in the definitions	588
of the terms set forth in division (A)(4) of this section, have	589
the same meanings as in section 4511.01 of the Revised Code.	590

(B) No person shall do any of the following:

591

(1) Operate an automobile on any street or highway unless	592
that person is wearing all of the available elements of a properly	593
adjusted occupant restraining device, or operate a school bus that	594
has an occupant restraining device installed for use in its	595
operator's seat unless that person is wearing all of the available	596
elements of the device, as properly adjusted;	597

(2) Operate an automobile on any street or highway unless	598
each passenger in the automobile who is subject to the requirement	599
set forth in division (B)(3) of this section is wearing all of the	600
available elements of a properly adjusted occupant restraining	601
device;	602

(3) Occupy, as a passenger, a seating position on the front	603
seat of an automobile being operated on any street or highway	604
unless that person is wearing all of the available elements of a	605
properly adjusted occupant restraining device;	606

(4) Operate a taxicab on any street or highway unless all	607
factory-equipped occupant restraining devices in the taxicab are	608
maintained in usable form.	609

(C) Division (B)(3) of this section does not apply to a	610
person who is required by section 4511.81 of the Revised Code to	611
be secured in a child restraint device. Division (B)(1) of this	612
section does not apply to a person who is an employee of the	613
United States postal service or of a newspaper home delivery	614
service, during any period in which the person is engaged in the	615
operation of an automobile to deliver mail or newspapers to	616
addressees. Divisions (B)(1) and (3) of this section do not apply	617
to a person who has an affidavit signed by a physician licensed to	618
practice in this state under Chapter 4731. of the Revised Code or	619
a chiropractor licensed to practice in this state under Chapter	620
4734. of the Revised Code that states that the person has a	621
physical impairment that makes use of an occupant restraining	622
device impossible or impractical.	623

(D) Notwithstanding any provision of law to the contrary, no	624
law enforcement officer shall cause an operator of an automobile	625
being operated on any street or highway to stop the automobile for	626
the sole purpose of determining whether a violation of division	627
(B) of this section has been or is being committed or for the sole	628
purpose of issuing a ticket, citation, or summons for a violation	629
of that nature or causing the arrest of or commencing a	630
prosecution of a person for a violation of that nature, and no law	631
enforcement officer shall view the interior or visually inspect	632
any automobile being operated on any street or highway for the	633
sole purpose of determining whether a violation of that nature has	634
been or is being committed.	635

(E) All fines collected for violations of division (B) of	636
this section, or for violations of any ordinance or resolution of	637
a political subdivision that is substantively comparable to that	638
division, shall be forwarded to the treasurer of state for deposit	639
as follows:	640

(1) Eight per cent shall be deposited into the seat belt	641
education fund, which is hereby created in the state treasury, and	642
shall be used by the department of public safety to establish a	643
seat belt education program.	644

(2) Eight per cent shall be deposited into the elementary	645
school program fund, which is hereby created in the state	646
treasury, and shall be used by the department of public safety to	647
establish and administer elementary school programs that encourage	648
seat safety belt use.	649

(3) Two per cent shall be deposited into the Ohio ambulance	650
licensingmedical transportation trust fund created by section	651
4766.05 of the Revised Code.	652

(4) Twenty-eight per cent shall be deposited into the trauma	653
and emergency medical services fund, which is hereby created in	654
the state treasury, and shall be used by the department of public	655
safety for the administration of the division of emergency medical	656
services and the state board of emergency medical services.	657

(5) Fifty-four per cent shall be deposited into the trauma	658
and emergency medical services grants fund, which is hereby	659
created in the state treasury, and shall be used by the state	660
board of emergency medical services to make grants, in accordance	661
with section 4765.07 of the Revised Code and rules the board	662
adopts under section 4765.11 of the Revised Code.	663

(F)(1) Subject to division (F)(2) of this section, the	664
failure of a person to wear all of the available elements of a	665
properly adjusted occupant restraining device or to ensure that	666
each passenger of an automobile being operated by the person is	667
wearing all of the available elements of such a device, in	668
violation of division (B) of this section, shall not be considered	669
or used as evidence of negligence or contributory negligence,	670
shall not diminish recovery for damages in any civil action	671
involving the person arising from the ownership, maintenance, or	672
operation of an automobile; shall not be used as a basis for a	673
criminal prosecution of the person other than a prosecution for a	674
violation of this section; and shall not be admissible as evidence	675
in any civil or criminal action involving the person other than a	676
prosecution for a violation of this section.	677

(2) If, at the time of an accident involving a passenger car	678
equipped with occupant restraining devices, any occupant of the	679
passenger car who sustained injury or death was not wearing an	680
available occupant restraining device, was not wearing all of the	681
available elements of such a device, or was not wearing such a	682
device as properly adjusted, then, consistent with the Rules of	683
Evidence, the fact that the occupant was not wearing the available	684
occupant restraining device, was not wearing all of the available	685
elements of such a device, or was not wearing such a device as	686
properly adjusted is admissible in evidence in relation to any	687
claim for relief in a tort action to the extent that the claim for	688
relief satisfies all of the following:	689

(a) It seeks to recover damages for injury or death to the	690
occupant.	691

(b) The defendant in question is the manufacturer, designer,	692
distributor, or seller of the passenger car.	693

(c) The claim for relief against the defendant in question is	694
that the injury or death sustained by the occupant was enhanced or	695
aggravated by some design defect in the passenger car or that the	696
passenger car was not crashworthy.	697

(3) As used in division (F)(2) of this section, "tort action"	698
means a civil action for damages for injury, death, or loss to	699
person or property. "Tort action" includes a product liability	700
claim that is subject to sections 2307.71 to 2307.80 of the	701
Revised Code, but does not include a civil action for damages for	702
a breach of a contract or another agreement between persons.	703

Sec. 4766.01.  As used in this chapter:

704

(A) "Advanced life support" means treatment described in	705
section 4765.39 of the Revised Code that a paramedic is certified	706
to perform.	707

(B) "Air medical service organization" means a person or	708
government entity that provides air medical transportation to the	709
public.	710

(C) "Air medical transportation" is the use of a rotorcraft	711
air ambulance or fixed wing air ambulance to provide	712
transportation and advanced life support to seriously ill,	713
injured, wounded, or otherwise incapacitated or helpless	714
individuals who require use of a stretcher from airport to airport	715
or from an emergency scene to a hospital or other medical care	716
setting.	717

(D) "Ambulance" means any motor vehicle that is specifically	718
designed, constructed, or modified and equipped and is intended to	719
be used for theto provide basic life support, intermediate life	720
support, advanced life support, or mobile intensive care unit	721
services and transportation upon the streets or highways of this	722
state of persons who are seriously ill, injured, wounded, or	723
otherwise incapacitated or helpless. "Ambulance" does not include	724
air medical transportation or a vehicle designed and used solely	725
for the transportation of nonstretcher-bound persons, whether	726
hospitalized or handicapped or whether ambulatory or confined to a	727
wheelchair.	728

(C)(E) "Ambulette" means a motor vehicle that is specifically	729
designed, constructed, or modified and equipped and is intended to	730
be used for transportation upon the streets or highways of this	731
state of persons who require use of a wheelchair.	732

(F) "Basic life support" means treatment described in section	733
4765.37 of the Revised Code that an EMT-basic is certified to	734
perform.	735

(D)(G) "Disaster situation" means any condition or situation	736
described by rule of the Ohio ambulance licensingmedical	737
transportation board as a mass casualty, major emergency, natural	738
disaster, or national emergency.	739

(E)(H) "Emergency medical service organization" means an	740
organization that uses EMTs-basic, EMTs-I, or paramedics, or a	741
combination thereof, to provide medical care to victims of illness	742
or injury. An emergency medical service organization includes, but	743
is not limited to, a commercial ambulance service organization, a	744
hospital, and a funeral home.	745

(F)(I) "EMT-basic," "EMT-I," and "paramedic" have the same	746
meanings as in section 4765.01 of the Revised Code.	747

(G)(J) "Fixed wing air ambulance" means a fixed wing aircraft	748
operated as a means of air medical transportation.	749

(K) "Intermediate life support" means treatment described in	750
section 4765.38 of the Revised Code that an EMT-I is certified to	751
perform.	752

(H)(L) "Major emergency" means any emergency event that	753
cannot be resolved through the use of locally available emergency	754
resources.	755

(I)(M) "Mass casualty" means an emergency event that results	756
in ten or more persons being injured, incapacitated, made ill, or	757
killed.	758

(J)(N) "Medical emergency" means an unforeseen event	759
affecting an individual in such a manner that a need for immediate	760
care is created.	761

(O)(1) "Medical service organization" means a person or	762
government entity that does both of the following:	763

(a) Provides services to the public on a regular basis for	764
the purpose of transporting individuals to receive health care	765
services at health care facilities or health care practitioners'	766
offices in nonemergency circumstances;	767

(b) Provides the services for a fee, regardless of whether	768
the fee is paid by the person being transported, a third party	769
payer, as defined in section 3702.51 of the Revised Code, or any	770
other person or government entity.	771

(2) "Medical service organization" does not include a health	772
care facility, as defined in section 1751.01 of the Revised Code,	773
that provides ambulette services only to patients of that	774
facility.	775

(K)(P) "Mobile intensive care unit" means an ambulance used	776
only for maintaining specialized or intensive care treatment and	777
used primarily for interhospital transports of patients whose	778
conditions require care beyond the scope of a paramedic as	779
provided in section 4765.39 of the Revised Code.	780

(L)(Q) "Nontransport vehicle" means a motor vehicle operated	781
by a licensed emergency medical service organization not as an	782
ambulance, but as a vehicle for providing services in conjunction	783
with the ambulances operated by the organization or other	784
emergency medical service organizations.	785

(M)(R) "Patient" means any individual who as a result of	786
illness or injury needs medical attention, whose physical or	787
mental condition is such that there is imminent danger of loss of	788
life or significant health impairment, or who may be otherwise	789
incapacitated or helpless as a result of a physical or mental	790
condition, or whose physical condition requires the use of a	791
wheelchair.	792

(S) "Rotorcraft air ambulance" means a helicopter or other	793
aircraft capable of vertical takeoffs, vertical landings, and	794
hovering.	795

Sec. 4766.02.  (A) There is hereby created the Ohio ambulance	796
licensingmedical transportation board, consisting of fivenine	797
voting members and one nonvoting member who shall be residents of	798
this state and appointed by the governor with the advice and	799
consent of the senate. Except as provided in division (B) of this	800
section, members shall serve terms of two years. One voting member	801
shall be a member of the Ohio ambulance association; two voting	802
members, one of whom shall be a licensed funeral director, shall	803
be owners or operators of private emergency medical service	804
organizations operating in this state; one voting member shall be	805
a consumer of emergency medical services who is not associated	806
with any public or private emergency medical service organization;	807
and one voting member shall be an official with a public emergency	808
medical service organization; two voting members shall be owners	809
or operators of medical service organizations that provide	810
ambulette services only, and two voting members shall be members	811
of the Ohio association of critical care transport, one member	812
representing air-based services and the other representing a	813
ground-based mobile intensive care unit organization. A physician	814
who holds a certificate to practice issued under Chapter 4731. of	815
the Revised Code who is a member of the American college of	816
emergency physicians shall serve as the nonvoting member. The	817
board shall annually select from its membership a chair and a	818
vice-chair to act as chair in the chair's absence.	819

(B) Of the members initially appointed, three shall be	820
appointed for terms of one year and three for terms of two years.	821
Any member appointed to fill a vacancy occurring prior to the	822
expiration date of the term for which the member's predecessor was	823
appointed shall hold office for the remainder of that term. Every	824
member shall continue in office subsequent to the expiration date	825
of the member's term until the member's successor takes office, or	826
until a period of sixty days has elapsed, whichever occurs first.	827

(C) Three votingFive members shall constitute a quorum for	828
the transaction of business, and the affirmative vote of three	829
five members is required for the board to take any official	830
action. The board, after notice and hearing, may remove a member	831
by majority vote for malfeasance, misfeasance, or nonfeasance.	832

Members of the board shall be reimbursed for actual and	833
necessary expenses incurred in attending meetings of the board and	834
in the performance of their official duties. The board may hire	835
such employees as are necessary to enable it to execute its	836
duties.	837

(D) The division of emergency medical services within the	838
department of public safety shall provide the board with office	839
space, but the board shall not be a part of the division or the	840
department.	841

(E) The board is the sole supervisory body regarding the	842
licensing of private ambulance service organizations in this	843
state.	844

(F) The board is the sole supervisory body regarding the	845
licensing of medical service organizations in this state.	846

(G) The board is the sole supervisory body regarding the	847
licensing of air medical service organizations in this state.	848

Sec. 4766.03.  (A) The Ohio ambulance licensingmedical	849
transportation board shall adopt rules, in accordance with Chapter	850
119. of the Revised Code, implementing the requirements of this	851
chapter. The rules shall include provisions relating to the	852
following:	853

(1) Requirements for an emergency medical service	854
organization to receive a permit for an ambulance or nontransport	855
vehicle;	856

(2) Requirements for an emergency medical service	857
organization to receive a license as a basic life-support,	858
intermediate life-support, or advanced life-support, or mobile	859
intensive care unit organization;	860

(3) Requirements for a medical service organization to	861
receive a permit for an ambulette vehicle;	862

(4) Requirements for a medical service organization to	863
receive a license for an ambulette service;	864

(5) Requirements for an air medical service organization to	865
receive a permit for a rotorcraft air ambulance or fixed wing air	866
ambulance;	867

(6) Requirements for licensure of air medical service	868
organizations;	869

(7) Forms for applications and renewals of licenses and	870
permits;	871

(4)(8) Requirements for record keeping of service responses	872
made by licensed emergency medical service organizations;	873

(5)(9) Fee amounts for licenses and permits, and renewals	874
thereof;	875

(6)(10) Inspection requirements for licensees' vehicles or	876
aircraft, records, and physical facilities;	877

(7)(11) Fee amounts for inspections of ambulances,	878
ambulettes, rotorcraft air ambulances, fixed wing air ambulances,	879
and nontransport vehicles;	880

(8)(12) Requirements for ambulances and nontransport vehicles	881
used by licensed emergency medical service organizations, for	882
ambulette vehicles used by licensed medical service organizations,	883
and for rotorcraft air ambulances or fixed wing air ambulances	884
used by licensed air medical service organizations that specify	885
for each type of vehicle or aircraft the types of equipment that	886
must be carried, the communication systems that must be	887
maintained, and the personnel who must staff the vehicle or	888
aircraft;	889

(9)(13) The level of care each type of emergency medical	890
service organization, medical service organization, and air	891
medical service organization is authorized to provide;	892

(10)(14) Eligibility requirements for employment as an	893
ambulette driver, including grounds for disqualification due to	894
the results of a motor vehicle law violation check, chemical test,	895
or criminal records check. The rule may require that an applicant	896
for employment as an ambulette driver provide a set of	897
fingerprints to law enforcement authorities if the applicant comes	898
under final consideration for employment.	899

(15) Any other rules that the board determines necessary for	900
the implementation and enforcement of this chapter.	901

(B) In the rules for ambulances and nontransport vehicles	902
adopted under division (A)(8)(12) of this section, the board may	903
establish requirements that vary according to whether the	904
emergency medical service organization using the vehicles is	905
licensed as a basic life-support, intermediate life-support, or	906
advanced life-support, or mobile intensive care unit organization.	907

(C) A mobile intensive care unit that is not dually certified	908
to provide advanced life-support and meets the requirements of the	909
rules adopted under this section is not required to carry	910
immobilization equipment, including board splint kits, traction	911
splints, backboards, backboard straps, cervical immobilization	912
devices, cervical collars, stairchairs, folding cots, or other	913
types of immobilization equipment determined by the board to be	914
unnecessary for mobile intensive care units.	915

A mobile intensive care unit is exempt from the emergency	916
medical technician staffing requirements of division (B) of	917
section 4765.43 of the Revised Code when it is staffed by at least	918
one physician or registered nurse and another person, designated	919
by a physician, who holds a valid license or certificate to	920
practice in a health care profession, and when at least one of the	921
persons staffing the mobile intensive care unit is a registered	922
nurse whose training meets or exceeds the training required for a	923
paramedic.	924

Sec. 4766.04.  (A) Except as otherwise provided in this	925
chapter, no person shall furnish, operate, conduct, maintain,	926
advertise, engage in, or propose or profess to engage in the	927
business or service in this state of transporting persons who are	928
seriously ill, injured, or otherwise incapacitated in this state	929
unless the person is licensed pursuant to this section.	930

(B) To qualify for a license as a basic life-support,	931
intermediate life-support, or advanced life-support service, or	932
mobile intensive care unit organization, an emergency medical	933
service organization shall do all of the following:	934

(1) Apply for a permit for each ambulance and nontransport	935
vehicle owned or leased as provided in section 4766.07 of the	936
Revised Code;	937

(2) Meet all requirements established in rules adopted by the	938
Ohio ambulance licensingmedical transportation board regarding	939
ambulances and nontransport vehicles, including requirements	940
pertaining to equipment, communications systems, staffing, and	941
level of care the particular organization is permitted to render;	942

(3) Maintain the appropriate type and amount of insurance or	943
self-insurance as specified in section 4766.06 of the Revised	944
Code;	945

(4) Meet all other requirements established under rules	946
adopted by the board for the particular license.	947

(C) To applyqualify for a license to provide ambulette	948
service, a medical service organization shall do all of the	949
following:	950

(1) Apply for a permit for each ambulette owned or leased as	951
provided in section 4766.07 of the Revised Code;	952

(2) Meet all requirements established in rules adopted by the	953
Ohio medical transportation board regarding ambulettes, including	954
requirements pertaining to equipment, communication systems,	955
staffing, and level of care the organization is permitted to	956
render;	957

(3) Maintain the appropriate type and amount of insurance or	958
self-insurance as specified in section 4766.06 of the Revised	959
Code;	960

(4) Meet all other requirements established under rules	961
adopted by the board for the license.	962

(D) To qualify for a license to provide air medical	963
transportation, an air medical service organization shall do all	964
of the following:	965

(1) Apply for a permit for each rotorcraft air ambulance and	966
fixed wing air ambulance owned or leased as provided in section	967
4766.07 of the Revised Code;	968

(2) Meet all requirements established in rules adopted by the	969
Ohio medical transportation board regarding rotorcraft air	970
ambulances and fixed air ambulances, including requirements	971
pertaining to equipment, communication systems, staffing, and	972
level of care the organization is permitted to render;	973

(3) Maintain the appropriate type and amount of insurance or	974
self-insurance as specified in section 4766.06 of the Revised	975
Code;	976

(4) Meet all other requirements established under rules	977
adopted by the board for the license.	978

(E) An emergency medical service organization that applies	979
for a license as a basic life-support, intermediate life-support,	980
or advanced life-support service, or mobile intensive care unit	981
organization, an emergency medical service organization; a medical	982
service organization that applies for a license to provide	983
ambulette service; or an air medical service organization that	984
applies for a license to provide air medical transportation shall	985
submit a completed application to the board, on a form provided by	986
the board for each particular license, together with the	987
appropriate fees established under section 4766.05 of the Revised	988
Code. The application form shall include all of the following:	989

(1) The name and business address of the operator of the	990
organization for which licensure is sought;	991

(2) The name under which the applicant will operate the	992
organization;	993

(3) A list of the names and addresses of all officers and	994
directors of the organization;	995

(4) AFor emergency medical service organizations and medical	996
service organizations, a description of each vehicle to be used,	997
including the make, model, year of manufacture, mileage, vehicle	998
identification number, and the color scheme, insignia, name,	999
monogram, or other distinguishing characteristics to be used to	1000
designate the applicant's vehicle;	1001

(5) For air medical service organizations using fixed wing	1002
air ambulances, a description of each aircraft to be used,	1003
including the make, model, year of manufacture, and aircraft Hobbs	1004
meter hour reading;	1005

(6) For air medical service organizations using rotorcraft	1006
air ambulances, a description of each aircraft to be used,	1007
including the make, model, year of manufacture, aircraft Hobbs	1008
meter hour reading, aircraft identification number, and the color	1009
scheme, insignia, name, monogram, or other distinguishing	1010
characteristics to be used to designate the applicant's rotorcraft	1011
air ambulance;	1012

(7) The location and description of each place from which the	1013
organization will operate;	1014

(6)(8) A description of the geographic area to be served by	1015
the applicant;	1016

(7)(9) Any other information the board, by rule, determines	1017
necessary.	1018

(D)(F) Within sixty days after receiving a completed	1019
application for licensure as a basic life-support, intermediate	1020
life-support, or advanced life-support service, or mobile	1021
intensive care unit organization; an ambulette service; or an air	1022
medical service organization, the board shall approve or deny the	1023
application. The board shall deny an application if it determines	1024
that the applicant does not meet the requirements of this chapter	1025
or any rules adopted under it. The board shall send notice of the	1026
denial of an application by certified mail to the applicant. The	1027
applicant may request a hearing within ten days after receipt of	1028
the notice. If the board receives a timely request, it shall hold	1029
a hearing in accordance with Chapter 119. of the Revised Code.	1030

(E)(G) If an applicant or licensee operates or plans to	1031
operate an organization in more than one location under the same	1032
or different identities, the applicant or licensee shall apply for	1033
and meet all requirements for licensure or renewal of a license,	1034
other than payment of a license fee or renewal fee, for operating	1035
the organization at each separate location. An applicant or	1036
licensee that operates or plans to operate under the same	1037
organization identity in separate locations shall pay only a	1038
single license fee.	1039

(F)(H) An emergency medical service organization that wishes	1040
to provide ambulette services to the public must apply for a	1041
separate license under division (C) of this section.	1042

(I) Each license issued under this section and each permit	1043
issued under section 4766.07 of the Revised Code expires one year	1044
after the date of issuance and may be renewed in accordance with	1045
the standard renewal procedures of Chapter 4745. of the Revised	1046
Code, except that a license or permit issued in 1998 or in 1999	1047
prior to the effective date of this amendmentJune 30, 1999, shall	1048
expire two years after the date of issuance. An application for	1049
renewal shall include the license or permit renewal fee	1050
established under section 4766.05 of the Revised Code. An	1051
applicant for renewal of a permit also shall submit to the board	1052
proof of an annual inspection of the vehicle or aircraft for which	1053
permit renewal is sought. The board shall renew a license if the	1054
applicant meets the requirements for licensure and shall renew a	1055
permit if the applicant and vehicle or aircraft meet the	1056
requirements to maintain a permit for that vehicle or aircraft.	1057

(G)(J) Each licensee shall maintain accurate records of all	1058
service responses conducted. The records shall be maintained on	1059
forms prescribed by the board and shall contain information as	1060
specified by rule by the board.	1061

Sec. 4766.05.  (A) The Ohio ambulance licensingmedical	1062
transportation board shall establish by rule a license fee, a	1063
permit fee for each ambulance, ambulette, rotorcraft air	1064
ambulance, fixed wing air ambulance, and nontransport vehicle	1065
owned or leased by the licensee that is or will be used as	1066
provided in section 4766.07 of the Revised Code, and fees for	1067
renewals of licenses and permits, taking into consideration the	1068
actual costs incurred by the board in carrying out its duties	1069
under this chapter. However, the fee for each license and each	1070
renewal of a license shall not exceed one hundred dollars, and the	1071
fee for each permit and each renewal of a permit shall not exceed	1072
one hundred dollars for each ambulance, rotorcraft air ambulance,	1073
fixed wing air ambulance, and nontransport vehicle. The fee for	1074
each permit and each renewal of a permit shall be twenty-five	1075
dollars for each ambulette for one year after the effective date	1076
of this amendment. Thereafter, the board shall determine by rule	1077
the fee, which shall not exceed fifty dollars, for each permit and	1078
each renewal of a permit for each ambulette. For purposes of	1079
establishing fees, "actual costs" includes the costs of salaries,	1080
expenses, inspection equipment, supervision, and program	1081
administration.	1082

(B) The board shall deposit all fees and other moneys	1083
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	1084
the Revised Code in the state treasury to the credit of the	1085
ambulance licensingOhio medical transportation trust fund, which	1086
is hereby created. All moneys from the fund shall be used solely	1087
for the salaries and expenses of the board incurred in	1088
implementing and enforcing this chapter.	1089

(C) The board, subject to the approval of the controlling	1090
board, may establish fees in excess of the maximum amounts allowed	1091
under division (A) of this section, but such fees shall not exceed	1092
those maximum amounts by more than fifty per cent.	1093

Sec. 4766.06.  (A)(1) Every emergency medical service	1094
organization and medical service organization licensee under this	1095
chapter shall furnish adequate evidence of liability insurance	1096
coverage, in an amount of not less than five hundred thousand	1097
dollars per occurrence and not less than five hundred thousand	1098
dollars in the aggregate, for any cause for which the licensee	1099
would be liable.	1100

(2) Every air medical service organization licensee under	1101
this chapter shall furnish adequate evidence of liability	1102
insurance coverage, in an amount not less than twenty million	1103
dollars per occurrence and not less than twenty million dollars in	1104
the aggregate, for any cause for which the licensee would be	1105
liable.	1106

(3) In lieu of insurance coverage as provided in division	1107
(A)(1) or (2) of this section, a licensee may furnish a	1108
certificate of self-insurance evidencing that hethe licensee has	1109
established a self-insurance plan approved by the superintendent	1110
of insurance that is equivalent to or greater than the insurance	1111
coverage required in division (A)(1) or (2) of this section.	1112

(B)(1) In addition to the insurance requirements of division	1113
(A) of this section, every licensee shall carry bodily injury and	1114
property damage insurance with solvent and responsible insurers	1115
licensed to do business in this state for any loss or damage	1116
resulting from any occurrence arising out of or caused by the	1117
operation or use of any ambulance, ambulette, rotorcraft air	1118
ambulance, fixed wing air ambulance, or nontransport vehicle. The	1119
insurance shall insure each vehicle for the sum of not less than	1120
one hundred thousand dollars for bodily injury to or death of any	1121
one person arising out of any one accident and the sum of not less	1122
than three hundred thousand dollars for bodily injury to or death	1123
of more than one person in any one accident and for the sum of	1124
fifty thousand dollars for damage to property arising from any one	1125
accident.	1126

(2) In lieu of the insurance coverage as provided in division	1127
(B)(1) of this section, a licensee may furnish a certificate of	1128
self-insurance evidencing that hethe licensee has established a	1129
self-insurance plan approved by the superintendent that provides	1130
the same or more comprehensive coverage than required in division	1131
(B)(1) of this section.	1132

(C) Each policy or contract of insurance issued shall provide	1133
for the payment and satisfaction of any financial judgment entered	1134
against the licensee and any person operating the vehicle and for	1135
a thirty-day cancellation notice to the board.	1136

Sec. 4766.07.  (A) Each emergency medical service	1137
organization, medical service organization, and air medical	1138
service organization subject to licensure under this chapter shall	1139
possess a valid permit for each ambulance, ambulette, rotorcraft	1140
air ambulance, fixed wing air ambulance, and nontransport vehicle	1141
it owns or leases that is or will be used by the licensee to	1142
perform the services permitted by the license. Each licensee and	1143
license applicant shall submit the appropriate fee and an	1144
application for a permit for each ambulance, ambulette, rotorcraft	1145
air ambulance, fixed wing air ambulance, and nontransport vehicle	1146
to the Ohio ambulance licensingmedical transportation board on	1147
forms provided by the board. The application shall include	1148
documentation that the vehicle or aircraft meets the appropriate	1149
standards set by the board, that the vehicle or aircraft has been	1150
inspected pursuant to division (C) of this section, that the	1151
permit applicant maintains insurance or self-insurance as provided	1152
in section 4766.06 of the Revised Code, and that the vehicle or	1153
aircraft and permit applicant meet any other requirements	1154
established under rules adopted by the board.	1155

(B)(1) Within sixty days after receiving a completed	1156
application for a permit, the board shall issue or deny the	1157
permit. The board shall deny an application if it determines that	1158
the permit applicant or, vehicle, or aircraft does not meet the	1159
requirements of this chapter and the rules adopted under it that	1160
apply to permits for ambulances, ambulettes, rotorcraft air	1161
ambulances, fixed wing air ambulances, and nontransport vehicles.	1162
The board shall send notice of the denial of an application by	1163
certified mail to the permit applicant. The permit applicant may	1164
request a hearing within ten days after receipt of the notice. If	1165
the board receives a timely request, it shall hold a hearing in	1166
accordance with Chapter 119. of the Revised Code.	1167

(2) If the board issues the vehicle permit for an ambulance,	1168
ambulette, or nontransport vehicle, it also shall issue a decal,	1169
in a form prescribed by rule, to be displayed on the rear window	1170
of the vehicle. The board shall not issue a decal until all of the	1171
requirements for licensure and permit issuance have been met.	1172

(3) If the board issues the aircraft permit for a rotorcraft	1173
air ambulance or fixed wing air ambulance, it also shall issue a	1174
decal, in a form prescribed by rule, to be displayed on the left	1175
fuselage aircraft window in a manner that complies with all	1176
applicable federal aviation regulations. The board shall not issue	1177
a decal until all of the requirements for licensure and permit	1178
issuance have been met.	1179

(C) In addition to any other requirements that the board	1180
establishes by rule, a licensee or license applicant applying for	1181
an initial vehicle or aircraft permit under division (A) of this	1182
section shall submit to the state highway patrol and the board the	1183
vehicle or aircraft for which the permit is sought. Thereafter, a	1184
licensee shall annually submit to the state highway patrol and the	1185
board each vehicle or aircraft for which a permit has been issued.	1186

(1) The state highway patrolboard shall conduct a physical	1187
inspection of an ambulance, ambulette, or nontransport vehicle to	1188
determine its roadworthiness and compliance with standard motor	1189
vehicle requirements.	1190

(2) The board shall conduct a physical inspection of the	1191
medical equipment, communication system, and interior of an	1192
ambulance to determine the operational condition and safety of the	1193
equipment and the ambulance's interior and to determine whether	1194
the ambulance is in compliance with the federal requirements for	1195
ambulance construction that were in effect at the time the	1196
ambulance was manufactured, as specified by the general services	1197
administration in the various versions of its publication titled	1198
"federal specification for the star-of-life ambulance,	1199
KKK-A-1822."	1200

(3) The board shall conduct a physical inspection of the	1201
equipment, communication system, and interior of an ambulette to	1202
determine the operational condition and safety of the equipment	1203
and the ambulette's interior and to determine whether the	1204
ambulette is in compliance with state requirements for ambulette	1205
construction. The board shall determine by rule requirements for	1206
the equipment, communication system, interior, and construction of	1207
an ambulette.	1208

(4) The board shall conduct a physical inspection of the	1209
medical equipment, communication system, and interior of a	1210
rotorcraft air ambulance or fixed wing air ambulance to determine	1211
the operational condition and safety of the equipment and the	1212
aircraft's interior.	1213

(5) The board and state highway patrol shall issue a	1214
certificate to the applicant for each vehicle or aircraft that	1215
passes the inspection and may assess a fee for each inspection, as	1216
established by the board.	1217

(4)(6) The board, in consultation with the state highway	1218
patrol, shall adopt rules regarding the implementation and	1219
coordination of the state highway patrol and board inspections.	1220
The rules may permit the board to contract with a third party to	1221
conduct the inspections required of the board under this section.	1222

Sec. 4766.08.  (A) The Ohio ambulance licensingmedical	1223
transportation board may, pursuant to an adjudication conducted in	1224
accordance with Chapter 119. of the Revised Code, suspend or	1225
revoke any license or permit or renewal thereof issued under this	1226
chapter for any one or combination of the following causes:	1227

(1) Violation of this chapter or any rule adopted thereunder;

1228

(2) Refusal to permit the board to inspect a vehicle or	1229
aircraft used under the terms of a permit or to inspect the	1230
records or physical facilities of a licensee;	1231

(3) Failure to meet the ambulance, ambulette, rotorcraft air	1232
ambulance, fixed wing air ambulance, and nontransport vehicle	1233
requirements specified in this chapter or the rules adopted	1234
thereunder;	1235

(4) Violation of an order issued by the board;

1236

(5) Failure to comply with any of the terms of an agreement	1237
entered into with the board regarding the suspension or revocation	1238
of a license or permit or the imposition of a penalty under this	1239
section.	1240

(B) If the board determines that the records, recordkeeping	1241
record-keeping procedures, or physical facilities of a licensee,	1242
or an ambulance, ambulette, rotorcraft air ambulance, fixed wing	1243
air ambulance, or nontransport vehicle for which a valid permit	1244
has been issued, do not meet the standards specified in this	1245
chapter and the rules adopted thereunder, the board shall notify	1246
the licensee of any deficiencies within thirty days of finding the	1247
deficiencies. If the board determines that the deficiencies exist	1248
and they remain uncorrected after thirty days, the board may	1249
suspend the license or, vehicle permit, or aircraft permit. The	1250
licensee, notwithstanding the suspension under this division, may	1251
operate until all appeals have been exhausted.	1252

(C) At the discretion of the board, a licensee whose license	1253
has been suspended or revoked under this section may be ineligible	1254
to be licensed under this chapter for a period of not more than	1255
three years from the date of the violation, provided that the	1256
board shall make no determination on a period of ineligibility	1257
until all the licensee's appeals relating to the suspension or	1258
revocation have been exhausted.	1259

(D) The board may, in addition to any other action taken	1260
under this section and after a hearing conducted pursuant to	1261
Chapter 119. of the Revised Code, impose a penalty of not more	1262
than fifteen hundred dollars for any violation specified in this	1263
section. The attorney general shall institute a civil action for	1264
the collection of any such penalty imposed.	1265

Sec. 4766.09.  This chapter does not apply to any of the	1266
following:	1267

(A) A person rendering services with an ambulance in the	1268
event of a disaster situation when licensees' vehicles based in	1269
the locality of the disaster situation are incapacitated or	1270
insufficient in number to render the services needed;	1271

(B) Any person operating an ambulance, rotorcraft air	1272
ambulance, or fixed wing air ambulance outside this state unless	1273
receiving a person within this state for transport to a location	1274
within this state;	1275

(C) A publicly owned or operated emergency medical service	1276
organization and the vehicles it owns or leases and operates,	1277
except as provided in section 307.051, division (G) of section	1278
307.055, division (F) of section 505.37, division (B) of section	1279
505.375, and division (B)(3) of section 505.72 of the Revised	1280
Code;	1281

(D) An ambulance, rotorcraft air ambulance, fixed wing air	1282
ambulance, or nontransport vehicle owned or leased and operated by	1283
the federal government;	1284

(E) A publicly owned and operated fire department vehicle;

1285

(F) Emergency vehicles owned by a corporation and operating	1286
only on the corporation's premises, for the sole use by that	1287
corporation;	1288

(G) An ambulance, nontransport vehicle, or other emergency	1289
medical service organization vehicle owned and operated by a	1290
municipal corporation;	1291

(H) A motor vehicle titled in the name of a volunteer rescue	1292
service organization, as defined in section 4503.172 of the	1293
Revised Code;	1294

(I) A public emergency medical service organization;

1295

(J) A fire department, rescue squad, or life squad comprised	1296
of volunteers who provide services without expectation of	1297
remuneration and do not receive payment for services other than	1298
reimbursement for expenses;	1299

(K) A private, nonprofit emergency medical service	1300
organization when fifty per cent or more of its personnel are	1301
volunteers, as defined in section 4765.01 of the Revised Code.	1302

Sec. 4766.10.  This chapter does not invalidate any ordinance	1303
or resolution adopted by a municipal corporation that establishes	1304
standards for the licensure of emergency medical service	1305
organizations as basic life-support, intermediate life-support, or	1306
advanced life-support service organizations that have their	1307
principal places of business located within the limits of the	1308
municipal corporation, as long as the licensure standards meet or	1309
exceed the standards established in this chapter and the rules	1310
adopted thereunder.	1311

Emergency medical service organizations licensed by a	1312
municipal corporation are subject to the jurisdiction of the Ohio	1313
ambulance licensingmedical transportation board, but the fees	1314
they pay to the board for licenses, permits, and renewals thereof	1315
shall not exceed fifty per cent of the fee amounts established by	1316
the board pursuant to section 4766.03 of the Revised Code. The	1317
board may choose to waive the vehicle inspection requirements and	1318
inspection fees, but not the permit fees, for the vehicles of	1319
organizations licensed by a municipal corporation.	1320

Sec. 4766.11.  The Ohio ambulance licensingmedical	1321
transportation board may investigate alleged violations of this	1322
chapter or the rules adopted under it and may investigate any	1323
complaints received regarding alleged violations.	1324

In addition to any other remedies available and regardless of	1325
whether an adequate remedy at law exists, the board may apply to	1326
the court of common pleas in the county where a violation of any	1327
provision of this chapter or any rule adopted pursuant thereto is	1328
occurring for a temporary or permanent injunction restraining a	1329
person from continuing to commit that violation. On a showing that	1330
a person has committed a violation, the court shall grant the	1331
injunction.	1332

In conducting an investigation under this section, the board	1333
may issue subpoenas compelling the attendance and testimony of	1334
witnesses and the production of books, records, and other	1335
documents pertaining to the investigation. If a person fails to	1336
obey a subpoena from the board, the board may apply to the court	1337
of common pleas in the county where the investigation is being	1338
conducted for an order compelling the person to comply with the	1339
subpoena. On application by the board, the court shall compel	1340
obedience by attachment proceedings for contempt, as in the case	1341
of disobedience of the requirements of a subpoena from the court	1342
or a refusal to testify therein.	1343

Sec. 4766.12.  If a county, township, joint ambulance	1344
district, or joint emergency medical services district chooses to	1345
have the Ohio ambulance licensingmedical transportation board	1346
license its emergency medical service organizations and issue	1347
permits for its vehicles pursuant to this chapter, except as may	1348
be otherwise provided, all provisions of this chapter and all	1349
rules adopted by the board thereunder are fully applicable.	1350
However, a county, township, joint ambulance district, or joint	1351
emergency medical services district is not required to obtain any	1352
type of permit from the board for any of its nontransport	1353
vehicles.	1354

Sec. 4766.13.  The Ohio ambulance licensingmedical	1355
transportation board, by endorsement, may license and issue	1356
vehicle permits to an emergency medical service organization or a	1357
medical service organization that is regulated by another state.	1358
To qualify for a license and vehicle permits by endorsement, an	1359
organization must submit evidence satisfactory to the board that	1360
it has met standards in another state that are equal to or more	1361
stringent than the standards established by this chapter and the	1362
rules adopted under it.	1363

Sec. 4766.15.  (A) An applicant for employment as an	1364
ambulette driver with an organization licensed pursuant to this	1365
chapter shall submit proof to the organization of, or give consent	1366
to the employer to obtain, all of the following:	1367

(1)(a) A valid driver's license issued pursuant to Chapter	1368
4506. or 4507. of the Revised Code, or its equivalent, if the	1369
applicant is a resident of another state;	1370

(b) A recent certified abstract of the applicant's record of	1371
convictions for violations of motor vehicle laws provided by the	1372
registrar of motor vehicles pursuant to section 4509.05 of the	1373
Revised Code, or its equivalent, if the applicant is a resident of	1374
another state.	1375

(2)(a) A certificate of completion of a course in first aid	1376
techniques offered by the American red cross or an equivalent	1377
organization;	1378

(b) A certificate of completion of a course in	1379
cardiopulmonary resuscitation, or its equivalent, offered by an	1380
organization approved by the Ohio medical transportation board.	1381

(3) The result of a chemical test or tests of the applicant's	1382
blood, breath, or urine conducted at a hospital or other	1383
institution approved by the board for the purpose of determining	1384
the alcohol or drug of abuse content of the applicant's blood,	1385
breath, or urine;	1386

(4) The result of a criminal records check conducted by the	1387
bureau of criminal identification and investigation.	1388

(B) An organization may employ an applicant on a temporary	1389
provisional basis pending the completion of all of the	1390
requirements of this section. The length of the provisional period	1391
shall be determined by the board.	1392

(C) An organization licensed pursuant to this chapter shall	1393
use information received pursuant to this section to determine in	1394
accordance with rules adopted by the Ohio medical transportation	1395
board under section 4766.03 of the Revised Code whether an	1396
applicant is disqualified for employment.	1397

No applicant shall be accepted for permanent employment as an	1398
ambulette driver by an organization licensed pursuant to this	1399
chapter until all of the requirements of division (A) of this	1400
section have been met.	1401

Sec. 4766.17. (A) An air medical service organization	1402
licensed under this chapter shall do both of the following:	1403

(1) Use at a minimum both of the following to provide	1404
advanced life support to seriously ill, injured, wounded, or	1405
otherwise incapacitated or helpless individuals who require use of	1406
a stretcher:	1407

(a) A paramedic or registered nurse, both as defined in	1408
section 4765.01 of the Revised Code;	1409

(b) One other person, designated by the medical director of	1410
the air medical service organization, who holds a current, valid	1411
certificate or license to practice a health care profession in	1412
this state.	1413

(2) Employ as a medical director an individual who holds a	1414
current, valid certificate issued under Chapter 4731. of the	1415
Revised Code authorizing the practice of medicine and surgery or	1416
osteopathic medicine and surgery.	1417

(B) The medical director employed by a licensed air medical	1418
service organization pursuant to division (A)(2) of this section	1419
is ultimately responsible for the medical care provided to each	1420
patient by the organization.	1421

Sec. 4766.20. The Ohio medical transportation board may	1422
create committees to review and make recommendations regarding	1423
medical transportation services provided in this state. A	1424
committee created under this section may receive information about	1425
medical transportation services provided in this state from	1426
emergency medical service organizations, medical service	1427
organizations, air medical service organizations, experts in the	1428
field of medical transportation, and other entities or individuals	1429
designated by the board.	1430

A committee created under this section shall meet all of the	1431
following requirements:	1432

(A) Be composed of at least one member of the board and any	1433
experts in the field of medical transportation designated by the	1434
board;	1435

(B) Not exceed a total of six members;

1436

(C) Cease to exist at the pleasure of the board;

1437

(D) Meet any other requirements established by the board.

1438

Sec. 5503.12.  (A) The superintendent of the state highway	1439
patrol, with the approval of the director of public safety, may	1440
authorize the registrar of motor vehicles and designated deputy	1441
registrars to collect inspection and testing fees on behalf of the	1442
state highway patrol. The superintendent and the registrar jointly	1443
shall determine and designate the deputy registrars who shall	1444
collect inspection and testing fees under this section.	1445

(B)(1) In addition to collecting the inspection and testing	1446
fees, the registrar and each designated deputy registrar may	1447
collect and retain a service fee in the amount specified in	1448
division (D) of section 4503.10 of the Revised Code for each	1449
inspection and testing fee collected on behalf of the state	1450
highway patrol.	1451

(2) Each designated deputy registrar, upon receipt of any	1452
inspection and testing fee, shall transmit the fees to the	1453
registrar in the manner prescribed by the registrar.	1454

(3) The registrar shall deposit the inspection and testing	1455
fees collected by and transmitted to the registrar to the credit	1456
of the fund specified by law.	1457

(C) The superintendent, with the approval of the director,	1458
shall establish appropriate procedures to be used by the registrar	1459
and designated deputy registrars for determining proof of payment	1460
of inspection and testing fees.	1461

(D) As used in this section, "inspection and testing fees"	1462
includes the following:	1463

(1) Fees for vehicle inspections conducted under sections	1464
4505.11, 4505.111, 4513.52, 4513.53, 4519.56, and 4519.61, and	1465
4766.07 of the Revised Code;	1466

(2) Fees for testing of commercial driver's license	1467
applicants under section 4506.09 of the Revised Code;	1468

(3) Except as may otherwise be specifically provided by law,	1469
any statutory fees for similar vehicle inspections or driver	1470
testing conducted by the state highway patrol that the	1471
superintendent may specify for collection under this section.	1472

Section 2.  That existing sections 307.051, 307.055, 505.37,	1473
505.375, 505.72, 4503.49, 4513.263, 4766.01, 4766.02, 4766.03,	1474
4766.04, 4766.05, 4766.06, 4766.07, 4766.08, 4766.09, 4766.10,	1475
4766.11, 4766.12, 4766.13, and 5503.12 of the Revised Code are	1476
hereby repealed.	1477

Section 3. That the version of section 4513.263 of the	1478
Revised Code that is scheduled to take effect January 1, 2004, be	1479
amended to read as follows:	1480

Sec. 4513.263.  (A) As used in this section and in section	1481
4513.99 of the Revised Code:	1482

(1) "Automobile" means any commercial tractor, passenger car,	1483
commercial car, or truck that is required to be factory-equipped	1484
with an occupant restraining device for the operator or any	1485
passenger by regulations adopted by the United States secretary of	1486
transportation pursuant to the "National Traffic and Motor Vehicle	1487
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	1488

(2) "Occupant restraining device" means a seat safety belt,	1489
shoulder belt, harness, or other safety device for restraining a	1490
person who is an operator of or passenger in an automobile and	1491
that satisfies the minimum federal vehicle safety standards	1492
established by the United States department of transportation.	1493

(3) "Passenger" means any person in an automobile, other than	1494
its operator, who is occupying a seating position for which an	1495
occupant restraining device is provided.	1496

(4) "Commercial tractor," "passenger car," and "commercial	1497
car" have the same meanings as in section 4501.01 of the Revised	1498
Code.	1499

(5) "Vehicle" and "motor vehicle," as used in the definitions	1500
of the terms set forth in division (A)(4) of this section, have	1501
the same meanings as in section 4511.01 of the Revised Code.	1502

(B) No person shall do any of the following:

1503

(1) Operate an automobile on any street or highway unless	1504
that person is wearing all of the available elements of a properly	1505
adjusted occupant restraining device, or operate a school bus that	1506
has an occupant restraining device installed for use in its	1507
operator's seat unless that person is wearing all of the available	1508
elements of the device, as properly adjusted;	1509

(2) Operate an automobile on any street or highway unless	1510
each passenger in the automobile who is subject to the requirement	1511
set forth in division (B)(3) of this section is wearing all of the	1512
available elements of a properly adjusted occupant restraining	1513
device;	1514

(3) Occupy, as a passenger, a seating position on the front	1515
seat of an automobile being operated on any street or highway	1516
unless that person is wearing all of the available elements of a	1517
properly adjusted occupant restraining device;	1518

(4) Operate a taxicab on any street or highway unless all	1519
factory-equipped occupant restraining devices in the taxicab are	1520
maintained in usable form.	1521

(C) Division (B)(3) of this section does not apply to a	1522
person who is required by section 4511.81 of the Revised Code to	1523
be secured in a child restraint device. Division (B)(1) of this	1524
section does not apply to a person who is an employee of the	1525
United States postal service or of a newspaper home delivery	1526
service, during any period in which the person is engaged in the	1527
operation of an automobile to deliver mail or newspapers to	1528
addressees. Divisions (B)(1) and (3) of this section do not apply	1529
to a person who has an affidavit signed by a physician licensed to	1530
practice in this state under Chapter 4731. of the Revised Code or	1531
a chiropractor licensed to practice in this state under Chapter	1532
4734. of the Revised Code that states that the person has a	1533
physical impairment that makes use of an occupant restraining	1534
device impossible or impractical.	1535

(D) Notwithstanding any provision of law to the contrary, no	1536
law enforcement officer shall cause an operator of an automobile	1537
being operated on any street or highway to stop the automobile for	1538
the sole purpose of determining whether a violation of division	1539
(B) of this section has been or is being committed or for the sole	1540
purpose of issuing a ticket, citation, or summons for a violation	1541
of that nature or causing the arrest of or commencing a	1542
prosecution of a person for a violation of that nature, and no law	1543
enforcement officer shall view the interior or visually inspect	1544
any automobile being operated on any street or highway for the	1545
sole purpose of determining whether a violation of that nature has	1546
been or is being committed.	1547

(E) All fines collected for violations of division (B) of	1548
this section, or for violations of any ordinance or resolution of	1549
a political subdivision that is substantively comparable to that	1550
division, shall be forwarded to the treasurer of state for deposit	1551
as follows:	1552

(1) Eight per cent shall be deposited into the seat belt	1553
education fund, which is hereby created in the state treasury, and	1554
shall be used by the department of public safety to establish a	1555
seat belt education program.	1556

(2) Eight per cent shall be deposited into the elementary	1557
school program fund, which is hereby created in the state	1558
treasury, and shall be used by the department of public safety to	1559
establish and administer elementary school programs that encourage	1560
seat safety belt use.	1561

(3) Two per cent shall be deposited into the Ohio ambulance	1562
licensingmedical transportation trust fund created by section	1563
4766.05 of the Revised Code.	1564

(4) Twenty-eight per cent shall be deposited into the trauma	1565
and emergency medical services fund, which is hereby created in	1566
the state treasury, and shall be used by the department of public	1567
safety for the administration of the division of emergency medical	1568
services and the state board of emergency medical services.	1569

(5) Fifty-four per cent shall be deposited into the trauma	1570
and emergency medical services grants fund, which is hereby	1571
created in the state treasury, and shall be used by the state	1572
board of emergency medical services to make grants, in accordance	1573
with section 4765.07 of the Revised Code and rules the board	1574
adopts under section 4765.11 of the Revised Code.	1575

(F)(1) Subject to division (F)(2) of this section, the	1576
failure of a person to wear all of the available elements of a	1577
properly adjusted occupant restraining device or to ensure that	1578
each passenger of an automobile being operated by the person is	1579
wearing all of the available elements of such a device, in	1580
violation of division (B) of this section, shall not be considered	1581
or used as evidence of negligence or contributory negligence,	1582
shall not diminish recovery for damages in any civil action	1583
involving the person arising from the ownership, maintenance, or	1584
operation of an automobile; shall not be used as a basis for a	1585
criminal prosecution of the person other than a prosecution for a	1586
violation of this section; and shall not be admissible as evidence	1587
in any civil or criminal action involving the person other than a	1588
prosecution for a violation of this section.	1589

(2) If, at the time of an accident involving a passenger car	1590
equipped with occupant restraining devices, any occupant of the	1591
passenger car who sustained injury or death was not wearing an	1592
available occupant restraining device, was not wearing all of the	1593
available elements of such a device, or was not wearing such a	1594
device as properly adjusted, then, consistent with the Rules of	1595
Evidence, the fact that the occupant was not wearing the available	1596
occupant restraining device, was not wearing all of the available	1597
elements of such a device, or was not wearing such a device as	1598
properly adjusted is admissible in evidence in relation to any	1599
claim for relief in a tort action to the extent that the claim for	1600
relief satisfies all of the following:	1601

(a) It seeks to recover damages for injury or death to the	1602
occupant.	1603

(b) The defendant in question is the manufacturer, designer,	1604
distributor, or seller of the passenger car.	1605

(c) The claim for relief against the defendant in question is	1606
that the injury or death sustained by the occupant was enhanced or	1607
aggravated by some design defect in the passenger car or that the	1608
passenger car was not crashworthy.	1609

(3) As used in division (F)(2) of this section, "tort action"	1610
means a civil action for damages for injury, death, or loss to	1611
person or property. "Tort action" includes a product liability	1612
claim that is subject to sections 2307.71 to 2307.80 of the	1613
Revised Code, but does not include a civil action for damages for	1614
a breach of a contract or another agreement between persons.	1615

(G)(1) Whoever violates division (B)(1) of this section shall	1616
be fined thirty dollars.	1617

(2) Whoever violates division (B)(3) of this section shall be	1618
fined twenty dollars.	1619

(3) Except as otherwise provided in this division, whoever	1620
violates division (B)(4) of this section is guilty of a minor	1621
misdemeanor. If the offender previously has been convicted of or	1622
pleaded guilty to a violation of division (B)(4) of this section,	1623
whoever violates division (B)(4) of this section is guilty of a	1624
misdemeanor of the third degree.	1625

Section 4. That the existing version of section 4513.263 of	1626
the Revised Code that is scheduled to take effect January 1, 2004,	1627
is hereby repealed.	1628

Section 5. Sections 3 and 4 of this act take effect January	1629
1, 2004.	1630

Section 6.  Within 60 days after the effective date of this	1631
act, the Governor shall appoint the additional members of the Ohio	1632
Medical Transportation Board required by section 4766.02 of the	1633
Revised Code, as amended by this act. The terms of the first two	1634
new members shall expire July 5, 2004, and the terms of the second	1635
two new members shall expire on July 5, 2005. Thereafter, the	1636
terms of office shall be as specified in section 4766.02 of the	1637
Revised Code.	1638