SENATORS Schuler, Goodman, Hottinger

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, 4766.20, and 5111.151 of the

6

Revised Code to authorize the Ohio Ambulance

7

Licensing Board to license private nonemergency

8

medical service organizations that operate

9

ambulette vehicles for the transportation of

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persons who require the use of a wheelchair and

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private air medical service organizations that

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operate air medical transportation, to add four

13

members to the Board, to rename the Board the Ohio

14

Medical Transportation Board, to codify portions

15

of the Ohio Administrative Code dealing with the

16

treatment of certain trusts for purposes of

17

determining an individual's eligibility for

18

medical assistance reimbursable by the Medicaid

19

Program, and to amend the version of section

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4513.263 of the Revised Code that is scheduled to

21

take effect January 1, 2004, to continue the

22

provisions of this act on and after that effective

23

date.

24

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

Section 1.  That sections 307.051, 307.055, 505.37, 505.375,	25
505.72, 4503.49, 4513.263, 4766.01, 4766.02, 4766.03, 4766.04,	26
4766.05, 4766.06, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,	27
4766.12, 4766.13, and 5503.12 be amended and sections 4766.15,	28
4766.17, 4766.20, and 5111.151 of the Revised Code be enacted to	29
read as follows:	30

Sec. 307.051.  As used in this section, "emergency medical	31
service organization" has the same meaning as in section 4766.01	32
of the Revised Code.	33

A board of county commissioners, by adoption of an	34
appropriate resolution, may choose to have the Ohio ambulance	35
licensingmedical transportation board license any emergency	36
medical service organization it operates. If a board adopts such a	37
resolution, Chapter 4766. of the Revised Code, except for sections	38
4766.06 and 4766.99 of the Revised Code, applies to the county	39
emergency medical service organization. All rules adopted under	40
the applicable sections of that chapter also apply to the	41
organization. A board, by adoption of an appropriate resolution,	42
may remove its emergency medical service organization from the	43
jurisdiction of the Ohio ambulance licensingmedical	44
transportation board.	45

Sec. 307.055.  (A) Subject to the terms and conditions of the	46
joint resolution creating it, each joint emergency medical	47
services district may furnish ambulance services and emergency	48
medical services by one of the following methods:	49

(1) By operating an emergency medical service organization as	50
defined in section 4765.01 of the Revised Code;	51

(2) By contracting for the operation of one or more	52
facilities pursuant to division (C) or (D) of this section;	53

(3) By providing necessary services and equipment to the	54
district either directly or under a contract entered into pursuant	55
to division (B) of this section;	56

(4) By providing service through any combination of methods	57
described in divisions (A)(1) to (3) of this section.	58

(B) In order to obtain ambulance service, to obtain	59
additional ambulance service in times of emergency, or to obtain	60
emergency medical services, a joint emergency medical services	61
district may enter into a contract, for a period not to exceed	62
three years, with one or more counties, townships, municipal	63
corporations, joint fire districts, other governmental units that	64
provide ambulance service or emergency medical services, nonprofit	65
corporations, or private ambulance owners, regardless of whether	66
the entities contracted with are located within or outside this	67
state, upon such terms as are agreed to, to furnish or receive	68
ambulance services or the interchange of ambulance services or	69
emergency medical services within the several territories of the	70
contracting subdivisions, if the contract is first authorized by	71
all boards of trustees and legislative authorities in the	72
territories to be served.	73

Such a contract may provide for a fixed annual charge to be	74
paid at the times agreed upon and stipulated in the contract; or	75
for compensation based on a stipulated price for each run, call,	76
or emergency or based on the elapsed time of service required for	77
each run, call, or emergency, or based on any combination of	78
these.	79

Expenditures of a district for ambulance service or emergency	80
medical service, whether pursuant to contract or otherwise, are	81
lawful expenditures, regardless of whether the district or the	82
party with which it contracts charges an additional fee to users	83
of the service.	84

(C) The board of trustees may enter into a contract with any	85
person, municipal corporation, township, or other political	86
subdivision, and any political subdivision may contract with the	87
board, for the operation and maintenance of emergency medical	88
services facilities regardless of whether the facilities used are	89
owned or leased by the district, by another political subdivision,	90
or by the contractor.	91

(D) The district may purchase, lease, and maintain all	92
materials, buildings, land, and equipment, including vehicles, the	93
board considers necessary for the district.	94

When the board finds, by resolution, that the district has	95
personal property that is not needed for public use, or is	96
obsolete or unfit for the use for which it was acquired, the board	97
may dispose of the property in the same manner as provided in	98
section 307.12 of the Revised Code.	99

(E) Any contract entered into by a joint emergency medical	100
services district shall conform to the same bidding requirements	101
that apply to county contracts under sections 307.86 to 307.92 of	102
the Revised Code.	103

(F) A county participating in a joint district may contribute	104
any of its rights or interests in real or personal property,	105
including money, and may contribute services to the district. Any	106
such contributions shall be made by a written agreement between	107
the contributing county and the district, specifying the	108
contribution as well as the rights of the participating counties	109
in the contributed property. Written agreements shall also be	110
prepared specifying the rights of participating counties in	111
property acquired by the district other than by contribution of a	112
participating county. Written agreements required by this division	113
may be amended only by written agreement of all parties to the	114
original agreement.	115

(G) A district's board of trustees, by adoption of an	116
appropriate resolution, may choose to have the Ohio ambulance	117
licensingmedical transportation board license any emergency	118
medical service organization the district operates. If a board	119
adopts such a resolution, Chapter 4766. of the Revised Code,	120
except for sections 4766.06 and 4766.99 of the Revised Code,	121
applies to the district emergency medical service organization.	122
All rules adopted under the applicable sections of that chapter	123
also apply to the organization. A board, by adoption of an	124
appropriate resolution, may remove the district emergency medical	125
service organization from the jurisdiction of the Ohio ambulance	126
licensingmedical transportation board.	127

Sec. 505.37.  (A) The board of township trustees may	128
establish all necessary rules to guard against the occurrence of	129
fires and to protect the property and lives of the citizens	130
against damage and accidents, and may, with the approval of the	131
specifications by the prosecuting attorney or, if the township has	132
adopted limited home rule government under chapterChapter 504,.	133
of the Revised Code, with the approval of the specifications by	134
the township's law director, purchase, lease, lease with an option	135
to purchase, or otherwise provide any fire apparatus, mechanical	136
resuscitators, or other equipment, appliances, materials, fire	137
hydrants, and water supply for fire-fighting purposes that seems	138
advisable to the board. The board shall provide for the care and	139
maintenance of fire equipment, and, for these purposes, may	140
purchase, lease, lease with an option to purchase, or construct	141
and maintain necessary buildings, and it may establish and	142
maintain lines of fire-alarm communications within the limits of	143
the township. The board may employ one or more persons to maintain	144
and operate fire-fighting equipment, or it may enter into an	145
agreement with a volunteer fire company for the use and operation	146
of fire-fighting equipment. The board may compensate the members	147
of a volunteer fire company on any basis and in any amount that it	148
considers equitable.	149

(B) The boards of township trustees of any two or more	150
townships, or the legislative authorities of any two or more	151
political subdivisions, or any combination thereof, may, through	152
joint action, unite in the joint purchase, lease, lease with an	153
option to purchase, maintenance, use, and operation of	154
fire-fighting equipment, or for any other purpose designated in	155
sections 505.37 to 505.42 of the Revised Code, and may prorate the	156
expense of the joint action on any terms that are mutually agreed	157
upon.	158

(C) The board of township trustees of any township may, by	159
resolution, whenever it is expedient and necessary to guard	160
against the occurrence of fires or to protect the property and	161
lives of the citizens against damages resulting from their	162
occurrence, create a fire district of any portions of the township	163
that it considers necessary. The board may purchase, lease, lease	164
with an option to purchase, or otherwise provide any fire	165
apparatus, appliances, materials, fire hydrants, and water supply	166
for fire-fighting purposes, or may contract for the fire	167
protection for the fire district as provided in section 9.60 of	168
the Revised Code. The fire district so created shall be given a	169
separate name by which it shall be known.	170

Additional unincorporated territory of the township may be	171
added to a fire district upon the board's adoption of a resolution	172
authorizing the addition. A municipal corporation that is within	173
or adjoining the township may be added to a fire district upon the	174
board's adoption of a resolution authorizing the addition and the	175
municipal legislative authority's adoption of a resolution or	176
ordinance requesting the addition of the municipal corporation to	177
the fire district.	178

If the township fire district imposes a tax, additional	179
unincorporated territory of the township or a municipal	180
corporation that is within or adjoining the township shall become	181
part of the fire district only after all of the following have	182
occurred:	183

(1) Adoption by the board of township trustees of a	184
resolution approving the expansion of the territorial limits of	185
the district and, if the resolution proposes to add a municipal	186
corporation, adoption by the municipal legislative authority of a	187
resolution or ordinance requesting the addition of the municipal	188
corporation to the district;	189

(2) Adoption by the board of township trustees of a	190
resolution recommending the extension of the tax to the additional	191
territory;	192

(3) Approval of the tax by the electors of the territory	193
proposed for addition to the district.	194

Each resolution of the board adopted under division (C)(2) of	195
this section shall state the name of the fire district, a	196
description of the territory to be added, and the rate and	197
termination date of the tax, which shall be the rate and	198
termination date of the tax currently in effect in the fire	199
district.	200

The board of trustees shall certify each resolution adopted	201
under division (C)(2) of this section to the board of elections in	202
accordance with section 5705.19 of the Revised Code. The election	203
required under division (C)(3) of this section shall be held,	204
canvassed, and certified in the manner provided for the submission	205
of tax levies under section 5705.25 of the Revised Code, except	206
that the question appearing on the ballot shall read:	207

"Shall the territory within ........................	208
(description of the proposed territory to be added) be added to	209
........................ (name) fire district, and a property tax	210
at a rate of taxation not exceeding ...... (here insert tax rate)	211
be in effect for .......... (here insert the number of years the	212
tax is to be in effect or "a continuing period of time," as	213
applicable)?"	214

If the question is approved by at least a majority of the	215
electors voting on it, the joinder shall be effective as of the	216
first day of July of the year following approval, and on that	217
date, the township fire district tax shall be extended to the	218
taxable property within the territory that has been added. If the	219
territory that has been added is a municipal corporation and if it	220
had adopted a tax levy for fire purposes, the levy is terminated	221
on the effective date of the joinder.	222

Any municipal corporation may withdraw from a township fire	223
district created under division (C) of this section by the	224
adoption by the municipal legislative authority of a resolution or	225
ordinance ordering withdrawal. On the first day of July of the	226
year following the adoption of the resolution or ordinance of	227
withdrawal, the municipal corporation withdrawing ceases to be a	228
part of the district, and the power of the fire district to levy a	229
tax upon taxable property in the withdrawing municipal corporation	230
terminates, except that the fire district shall continue to levy	231
and collect taxes for the payment of indebtedness within the	232
territory of the fire district as it was composed at the time the	233
indebtedness was incurred.	234

Upon the withdrawal of any municipal corporation from a	235
township fire district created under division (C) of this section,	236
the county auditor shall ascertain, apportion, and order a	237
division of the funds on hand, moneys and taxes in the process of	238
collection except for taxes levied for the payment of	239
indebtedness, credits, and real and personal property, either in	240
money or in kind, on the basis of the valuation of the respective	241
tax duplicates of the withdrawing municipal corporation and the	242
remaining territory of the fire district.	243

A board of township trustees may remove unincorporated	244
territory of the township from the fire district upon the adoption	245
of a resolution authorizing the removal. On the first day of July	246
of the year following the adoption of the resolution, the	247
unincorporated township territory described in the resolution	248
ceases to be a part of the district, and the power of the fire	249
district to levy a tax upon taxable property in that territory	250
terminates, except that the fire district shall continue to levy	251
and collect taxes for the payment of indebtedness within the	252
territory of the fire district as it was composed at the time the	253
indebtedness was incurred.	254

(D) The board of township trustees of any township, the board	255
of fire district trustees of a fire district created under section	256
505.371 of the Revised Code, or the legislative authority of any	257
municipal corporation may purchase, lease, or lease with an option	258
to purchase the necessary fire-fighting equipment, buildings, and	259
sites for the township, fire district, or municipal corporation	260
and issue securities for that purpose with maximum maturities as	261
provided in section 133.20 of the Revised Code. The board of	262
township trustees, board of fire district trustees, or legislative	263
authority may also construct any buildings necessary to house	264
fire-fighting equipment and issue securities for that purpose with	265
maximum maturities as provided in section 133.20 of the Revised	266
Code.	267

The board of township trustees, board of fire district	268
trustees, or legislative authority may issue the securities of the	269
township, fire district, or municipal corporation, signed by the	270
board or designated officer of the municipal corporation and	271
attested by the signature of the township, fire district, or	272
municipal clerk, covering any deferred payments and payable at the	273
times provided, which securities shall bear interest not to exceed	274
the rate determined as provided in section 9.95 of the Revised	275
Code, and shall not be subject to Chapter 133. of the Revised	276
Code. The legislation authorizing the issuance of the securities	277
shall provide for levying and collecting annually by taxation,	278
amounts sufficient to pay the interest on and principal of the	279
securities. The securities shall be offered for sale on the open	280
market or given to the vendor or contractor if no sale is made.	281

Section 505.40 of the Revised Code does not apply to any	282
securities issued, or any lease with an option to purchase entered	283
into, in accordance with this division.	284

(E) A board of township trustees of any township or a board	285
of fire district trustees of a fire district created under section	286
505.371 of the Revised Code may purchase a policy or policies of	287
liability insurance for the officers, employees, and appointees of	288
the fire department, fire district, or joint fire district	289
governed by the board that includes personal injury liability	290
coverage as to the civil liability of those officers, employees,	291
and appointees for false arrest, detention, or imprisonment,	292
malicious prosecution, libel, slander, defamation or other	293
violation of the right of privacy, wrongful entry or eviction, or	294
other invasion of the right of private occupancy, arising out of	295
the performance of their duties.	296

When a board of township trustees cannot, by deed of gift or	297
by purchase and upon terms it considers reasonable, procure land	298
for a township fire station that is needed in order to respond in	299
reasonable time to a fire or medical emergency, the board may	300
appropriate land for that purpose under sections 163.01 to 163.22	301
of the Revised Code. If it is necessary to acquire additional	302
adjacent land for enlarging or improving the fire station, the	303
board may purchase, appropriate, or accept a deed of gift for the	304
land for these purposes.	305

(F) As used in this division, "emergency medical service	306
organization" has the same meaning as in section 4766.01 of the	307
Revised Code.	308

A board of township trustees, by adoption of an appropriate	309
resolution, may choose to have the Ohio ambulance licensing	310
medical transportation board license any emergency medical service	311
organization it operates. If the board adopts such a resolution,	312
Chapter 4766. of the Revised Code, except for sections 4766.06 and	313
4766.99 of the Revised Code, applies to the organization. All	314
rules adopted under the applicable sections of that chapter also	315
apply to the organization. A board of township trustees, by	316
adoption of an appropriate resolution, may remove its emergency	317
medical service organization from the jurisdiction of the Ohio	318
ambulance licensingmedical transportation board.	319

Sec. 505.375.  (A) The board of a joint ambulance district	320
created under section 505.71 of the Revised Code and the board of	321
a joint fire district created under section 505.371 of the Revised	322
Code may negotiate in accordance with this section to combine	323
their two joint districts into a single district, called a fire	324
and ambulance district, for the delivery of both fire and	325
ambulance services, if the geographic area covered by the	326
combining joint districts is exactly the same. Both boards shall	327
adopt a joint resolution ratifying the agreement and setting a	328
date on which the fire and ambulance district shall come into	329
being. On that date, the joint fire district and the joint	330
ambulance district shall cease to exist, and the power of each to	331
levy a tax upon taxable property shall terminate, except that any	332
levy of a tax for the payment of indebtedness within the territory	333
of the joint fire or joint ambulance district as it was composed	334
at the time the indebtedness was incurred shall continue to be	335
collected by the successor fire and ambulance district if the	336
indebtedness remains unpaid.	337

All funds and other property of the joint districts that	338
combined into the fire and ambulance district shall become the	339
property of the fire and ambulance district, unless otherwise	340
provided in the negotiated agreement. The agreement shall provide	341
for the settlement of all debts and obligations of the joint	342
districts.	343

(B) The governing body of the fire and ambulance district	344
shall be a board of trustees of at least three but no more than	345
nine members, appointed as provided in the agreement creating the	346
district. Members of the board of trustees may be compensated at a	347
rate not to exceed thirty dollars per meeting for not more than	348
fifteen meetings per year, and may be reimbursed for all necessary	349
expenses incurred, as provided in the agreement creating the	350
district.	351

The board shall employ a clerk and other employees as it	352
considers best, including a fire chief or fire prevention	353
officers, and shall fix their compensation. Neither this section	354
nor any other section of the Revised Code requires, or shall be	355
construed to require, that the fire chief of a fire and ambulance	356
district be a resident of the district.	357

Before entering upon the duties of office, the clerk shall	358
execute a bond, in the amount and with surety to be approved by	359
the board, payable to the state, conditioned for the faithful	360
performance of all of the clerk's official duties. The clerk shall	361
deposit the bond with the presiding officer of the board, who	362
shall file a copy of it, certified by the presiding officer, with	363
the county auditor of the county containing the most territory in	364
the district.	365

The board shall also provide for the appointment of a fiscal	366
officer for the district. The board may also enter into agreements	367
with volunteer fire companies for the use and operation of	368
fire-fighting equipment. Volunteer firefighters acting under such	369
an agreement are subject to the requirements for volunteer	370
firefighters set forth in division (A) of section 505.38 of the	371
Revised Code.	372

Employees of the district shall not be removed from office	373
except as provided by sections 733.35 to 733.39 of the Revised	374
Code, except that, to initiate removal proceedings, the board	375
shall designate a private citizen or, if the employee is employed	376
as a firefighter, the board may designate the fire chief, to	377
investigate, conduct the proceedings, and prepare the necessary	378
charges in conformity with sections 733.35 to 733.39 of the	379
Revised Code, and except that the board shall perform the	380
functions and duties specified for the municipal legislative	381
authority under those sections. The board may pay reasonable	382
compensation to any private citizen hired for services rendered in	383
the matter.	384

No person shall be appointed as a permanent full-time paid	385
member of the district whose duties include fire fighting, or be	386
appointed as a volunteer firefighter, unless that person has	387
received a certificate issued under former section 3303.07 or	388
section 4765.55 of the Revised Code evidencing satisfactory	389
completion of a firefighter training program. The board may send	390
its officers and firefighters to schools of instruction designed	391
to promote the efficiency of firefighters and, if authorized in	392
advance, may pay their necessary expenses from the funds used for	393
the maintenance and operation of the district.	394

The board may choose, by adoption of an appropriate	395
resolution, to have the Ohio ambulance licensingmedical	396
transportation board license any emergency medical service	397
organization it operates. If the board adopts such a resolution,	398
Chapter 4766. of the Revised Code, except for sections 4766.06 and	399
4766.99 of the Revised Code, applies to the organization. All	400
rules adopted under the applicable sections of that chapter also	401
apply to the organization. The board may likewise, by resolution,	402
remove its emergency medical service organization from the	403
jurisdiction of the Ohio ambulance licensingmedical	404
transportation board.	405

(C) The board may exercise the following powers:

406

(1) Purchase or otherwise provide any fire apparatus,	407
mechanical resuscitators, or other fire or ambulance equipment,	408
appliances, or materials; fire hydrants; and water supply for	409
fire-fighting purposes that seems advisable to the board;	410

(2) Provide for the care and maintenance of equipment and,	411
for that purpose, purchase, lease, or construct and maintain	412
necessary buildings;	413

(3) Establish and maintain lines of fire-alarm communications	414
within the limits of the district;	415

(4) Appropriate land for a fire station or medical emergency	416
unit needed in order to respond in reasonable time to a fire or	417
medical emergency, in accordance with Chapter 163. of the Revised	418
Code;	419

(5) Purchase, appropriate, or accept a deed or gift of land	420
to enlarge or improve a fire station or medical emergency unit;	421

(6) Purchase, lease, maintain, and use all materials,	422
equipment, vehicles, buildings, and land necessary to perform its	423
duties;	424

(7) Contract for a period not to exceed three years with one	425
or more townships, municipal corporations, counties, joint fire	426
districts, governmental agencies, nonprofit corporations, or	427
private ambulance owners located either within or outside the	428
state, to furnish or receive ambulance services or emergency	429
medical services within the several territories of the contracting	430
parties, if the contract is first authorized by all boards of	431
trustees and legislative authorities concerned;	432

(8) Establish reasonable charges for the use of ambulance or	433
emergency medical services under the same conditions under which a	434
board of fire district trustees may establish those charges under	435
section 505.371 of the Revised Code;	436

(9) Establish all necessary rules to guard against the	437
occurrence of fires and to protect property and lives against	438
damage and accidents;	439

(10) Adopt a standard code pertaining to fire, fire hazards,	440
and fire prevention prepared and promulgated by the state or by a	441
public or private organization that publishes a model or standard	442
code;	443

(11) Provide for charges for false alarms at commercial	444
establishments in the same manner as joint fire districts are	445
authorized to do under section 505.391 of the Revised Code;	446

(12) Issue bonds and other evidences of indebtedness, subject	447
to Chapter 133. of the Revised Code, but only after approval by a	448
vote of the electors of the district as provided by section 133.18	449
of the Revised Code;	450

(13) To provide the services and equipment it considers	451
necessary, levy a sufficient tax, subject to Chapter 5705. of the	452
Revised Code, on all the taxable property in the district.	453

(D) Any municipal corporation or township may join an	454
existing fire and ambulance district by its legislative	455
authority's adoption of a resolution requesting the membership and	456
upon approval of the board of the district. Any municipal	457
corporation or township may withdraw from a district by its	458
legislative authority's adoption of a resolution ordering	459
withdrawal. Upon its withdrawal, the municipal corporation or	460
township ceases to be a part of the district, and the district's	461
power to levy a tax on taxable property in the withdrawing	462
township or municipal corporation terminates, except that the	463
district shall continue to levy and collect taxes for the payment	464
of indebtedness within the territory of the district as it was	465
composed at the time the indebtedness was incurred.	466

Upon the withdrawal of any township or municipal corporation	467
from a district, the county auditor of the county containing the	468
most territory in the district shall ascertain, apportion, and	469
order a division of the funds on hand, including funds in the	470
ambulance and emergency medical services fund, moneys and taxes in	471
the process of collection, except for taxes levied for the payment	472
of indebtedness, credits, and real and personal property on the	473
basis of the valuation of the respective tax duplicates of the	474
withdrawing municipal corporation or township and the remaining	475
territory of the district.	476

(E) As used in this section:

477

(1) "Governmental agency" includes all departments, boards,	478
offices, commissions, agencies, colleges, universities,	479
institutions, and other instrumentalities of this or another	480
state.	481

(2) "Emergency medical service organization" has the same	482
meaning as in section 4766.01 of the Revised Code.	483

Sec. 505.72.  (A) The board of trustees of a joint ambulance	484
district shall provide for the employment of such employees as it	485
considers best, and shall fix their compensation. Such employees	486
shall continue in office until removed as provided by sections	487
733.35 to 733.39 of the Revised Code. To initiate removal	488
proceedings, and for such purpose, the board shall designate a	489
private citizen to investigate the conduct and prepare the	490
necessary charges in conformity with sections 733.35 to 733.39 of	491
the Revised Code. The board may pay reasonable compensation to	492
such person for the person's services.	493

In case of the removal of an employee of the district, an	494
appeal may be had from the decision of the board to the court of	495
common pleas of the county in which such district, or part of it,	496
is situated, to determine the sufficiency of the cause of removal.	497
Such appeal from the findings of the board shall be taken within	498
ten days.	499

(B) As used in this division, "emergency medical service	500
organization" has the same meaning as in section 4765.01 of the	501
Revised Code.	502

(1) In order to obtain the services of ambulance service	503
organizations, to obtain additional services from ambulance	504
service organizations in times of emergency, or to obtain the	505
services of emergency medical service organizations, a district	506
may enter into a contract, for a period not to exceed three years,	507
with one or more townships, municipal corporations, joint fire	508
districts, nonprofit corporations, any other governmental unit	509
that provides ambulance services or emergency medical services, or	510
with private ambulance owners, regardless of whether such	511
townships, municipal corporations, joint fire districts, nonprofit	512
corporations, governmental unit, or private ambulance owners are	513
located within or without this state, upon such terms as are	514
agreed to, to furnish or receive services from ambulance or	515
emergency medical service organizations or the interchange of	516
services from ambulance or emergency medical service organizations	517
within the several territories of the contracting subdivisions, if	518
such contract is first authorized by all boards of trustees and	519
legislative authorities concerned.	520

The contract may provide for a fixed annual charge to be paid	521
at the times agreed upon and stipulated in the contract, or for	522
compensation based upon a stipulated price for each run, call, or	523
emergency, or the elapsed time of service required in such run,	524
call, or emergency, or any combination thereof.	525

(2) Expenditures of a district for the services of ambulance	526
service organizations or emergency medical service organizations,	527
whether pursuant to contract or otherwise, are lawful	528
expenditures, regardless of whether the district or the party with	529
which it contracts charges additional fees to users of the	530
services.	531

(3) A district's board of trustees, by adoption of an	532
appropriate resolution, may choose to have the Ohio ambulance	533
licensingmedical transportation board license any emergency	534
medical service organization the district operates. If a board	535
adopts such a resolution, Chapter 4766. of the Revised Code,	536
except for sections 4766.06 and 4766.99 of the Revised Code,	537
applies to the district emergency medical service organization.	538
All rules adopted under the applicable sections of that chapter	539
also apply to the organization. A board, by adoption of an	540
appropriate resolution, may remove the district emergency medical	541
service organization from the jurisdiction of the Ohio ambulance	542
licensingmedical transportation board.	543

(C) Ambulance services or emergency medical services rendered	544
for a joint ambulance district under this section and section	545
505.71 of the Revised Code shall be deemed services of the	546
district. These sections do not authorize suits against a district	547
or any township or municipal corporation providing or receiving,	548
or contracting to provide or receive, such services under these	549
sections for damages for injury or loss to persons or property or	550
for wrongful death caused by persons providing such services.	551

Sec. 4503.49.  (A) As used in this section, "ambulance,"	552
"ambulette," "emergency medical service organization,"	553
"nonemergency medical service organization," and "nontransport	554
vehicle" have the same meanings as in section 4766.01 of the	555
Revised Code.	556

(B) Each private emergency medical service organization and	557
each private nonemergency medical service organization shall apply	558
to the registrar of motor vehicles for the registration of any	559
ambulance, ambulette, or nontransport vehicle it owns or leases.	560
The application shall be accompanied by a copy of the certificate	561
of licensure issued to the organization by the Ohio ambulance	562
licensingmedical transportation board and the following fees:	563

(1) The regular license tax as prescribed under section	564
4503.04 of the Revised Code;	565

(2) Any local license tax levied under Chapter 4504. of the	566
Revised Code;	567

(3) An additional fee of seven dollars and fifty cents. The	568
additional fee shall be for the purpose of compensating the bureau	569
of motor vehicles for additional services required to be performed	570
under this section and shall be transmitted by the registrar to	571
the treasurer of state for deposit in the state bureau of motor	572
vehicles fund created by section 4501.25 of the Revised Code.	573

(C) On receipt of a complete application, the registrar shall	574
issue to the applicant the appropriate certificate of registration	575
for the vehicle and do one of the following:	576

(1) Issue a set of license plates with a validation sticker	577
and a set of stickers to be attached to the plates as an	578
identification of the vehicle's classification as an ambulance,	579
ambulette, or nontransport vehicle;	580

(2) Issue a validation sticker alone when so required by	581
section 4503.191 of the Revised Code.	582

Sec. 4513.263.  (A) As used in this section and in section	583
4513.99 of the Revised Code:	584

(1) "Automobile" means any commercial tractor, passenger car,	585
commercial car, or truck that is required to be factory-equipped	586
with an occupant restraining device for the operator or any	587
passenger by regulations adopted by the United States secretary of	588
transportation pursuant to the "National Traffic and Motor Vehicle	589
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	590

(2) "Occupant restraining device" means a seat safety belt,	591
shoulder belt, harness, or other safety device for restraining a	592
person who is an operator of or passenger in an automobile and	593
that satisfies the minimum federal vehicle safety standards	594
established by the United States department of transportation.	595

(3) "Passenger" means any person in an automobile, other than	596
its operator, who is occupying a seating position for which an	597
occupant restraining device is provided.	598

(4) "Commercial tractor," "passenger car," and "commercial	599
car" have the same meanings as in section 4501.01 of the Revised	600
Code.	601

(5) "Vehicle" and "motor vehicle," as used in the definitions	602
of the terms set forth in division (A)(4) of this section, have	603
the same meanings as in section 4511.01 of the Revised Code.	604

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

605

(1) Operate an automobile on any street or highway unless	606
that person is wearing all of the available elements of a properly	607
adjusted occupant restraining device, or operate a school bus that	608
has an occupant restraining device installed for use in its	609
operator's seat unless that person is wearing all of the available	610
elements of the device, as properly adjusted;	611

(2) Operate an automobile on any street or highway unless	612
each passenger in the automobile who is subject to the requirement	613
set forth in division (B)(3) of this section is wearing all of the	614
available elements of a properly adjusted occupant restraining	615
device;	616

(3) Occupy, as a passenger, a seating position on the front	617
seat of an automobile being operated on any street or highway	618
unless that person is wearing all of the available elements of a	619
properly adjusted occupant restraining device;	620

(4) Operate a taxicab on any street or highway unless all	621
factory-equipped occupant restraining devices in the taxicab are	622
maintained in usable form.	623

(C) Division (B)(3) of this section does not apply to a	624
person who is required by section 4511.81 of the Revised Code to	625
be secured in a child restraint device. Division (B)(1) of this	626
section does not apply to a person who is an employee of the	627
United States postal service or of a newspaper home delivery	628
service, during any period in which the person is engaged in the	629
operation of an automobile to deliver mail or newspapers to	630
addressees. Divisions (B)(1) and (3) of this section do not apply	631
to a person who has an affidavit signed by a physician licensed to	632
practice in this state under Chapter 4731. of the Revised Code or	633
a chiropractor licensed to practice in this state under Chapter	634
4734. of the Revised Code that states that the person has a	635
physical impairment that makes use of an occupant restraining	636
device impossible or impractical.	637

(D) Notwithstanding any provision of law to the contrary, no	638
law enforcement officer shall cause an operator of an automobile	639
being operated on any street or highway to stop the automobile for	640
the sole purpose of determining whether a violation of division	641
(B) of this section has been or is being committed or for the sole	642
purpose of issuing a ticket, citation, or summons for a violation	643
of that nature or causing the arrest of or commencing a	644
prosecution of a person for a violation of that nature, and no law	645
enforcement officer shall view the interior or visually inspect	646
any automobile being operated on any street or highway for the	647
sole purpose of determining whether a violation of that nature has	648
been or is being committed.	649

(E) All fines collected for violations of division (B) of	650
this section, or for violations of any ordinance or resolution of	651
a political subdivision that is substantively comparable to that	652
division, shall be forwarded to the treasurer of state for deposit	653
as follows:	654

(1) Eight per cent shall be deposited into the seat belt	655
education fund, which is hereby created in the state treasury, and	656
shall be used by the department of public safety to establish a	657
seat belt education program.	658

(2) Eight per cent shall be deposited into the elementary	659
school program fund, which is hereby created in the state	660
treasury, and shall be used by the department of public safety to	661
establish and administer elementary school programs that encourage	662
seat safety belt use.	663

(3) Two per cent shall be deposited into the Ohio ambulance	664
licensingmedical transportation trust fund created by section	665
4766.05 of the Revised Code.	666

(4) Twenty-eight per cent shall be deposited into the trauma	667
and emergency medical services fund, which is hereby created in	668
the state treasury, and shall be used by the department of public	669
safety for the administration of the division of emergency medical	670
services and the state board of emergency medical services.	671

(5) Fifty-four per cent shall be deposited into the trauma	672
and emergency medical services grants fund, which is hereby	673
created in the state treasury, and shall be used by the state	674
board of emergency medical services to make grants, in accordance	675
with section 4765.07 of the Revised Code and rules the board	676
adopts under section 4765.11 of the Revised Code.	677

(F)(1) Subject to division (F)(2) of this section, the	678
failure of a person to wear all of the available elements of a	679
properly adjusted occupant restraining device or to ensure that	680
each passenger of an automobile being operated by the person is	681
wearing all of the available elements of such a device, in	682
violation of division (B) of this section, shall not be considered	683
or used as evidence of negligence or contributory negligence,	684
shall not diminish recovery for damages in any civil action	685
involving the person arising from the ownership, maintenance, or	686
operation of an automobile; shall not be used as a basis for a	687
criminal prosecution of the person other than a prosecution for a	688
violation of this section; and shall not be admissible as evidence	689
in any civil or criminal action involving the person other than a	690
prosecution for a violation of this section.	691

(2) If, at the time of an accident involving a passenger car	692
equipped with occupant restraining devices, any occupant of the	693
passenger car who sustained injury or death was not wearing an	694
available occupant restraining device, was not wearing all of the	695
available elements of such a device, or was not wearing such a	696
device as properly adjusted, then, consistent with the Rules of	697
Evidence, the fact that the occupant was not wearing the available	698
occupant restraining device, was not wearing all of the available	699
elements of such a device, or was not wearing such a device as	700
properly adjusted is admissible in evidence in relation to any	701
claim for relief in a tort action to the extent that the claim for	702
relief satisfies all of the following:	703

(a) It seeks to recover damages for injury or death to the	704
occupant.	705

(b) The defendant in question is the manufacturer, designer,	706
distributor, or seller of the passenger car.	707

(c) The claim for relief against the defendant in question is	708
that the injury or death sustained by the occupant was enhanced or	709
aggravated by some design defect in the passenger car or that the	710
passenger car was not crashworthy.	711

(3) As used in division (F)(2) of this section, "tort action"	712
means a civil action for damages for injury, death, or loss to	713
person or property. "Tort action" includes a product liability	714
claim that is subject to sections 2307.71 to 2307.80 of the	715
Revised Code, but does not include a civil action for damages for	716
a breach of a contract or another agreement between persons.	717

Sec. 4766.01.  As used in this chapter:

718

(A) "Advanced life support" means treatment described in	719
section 4765.39 of the Revised Code that a paramedic is certified	720
to perform.	721

(B) "Air medical service organization" means a person that	722
provides air medical transportation to the public.	723

(C) "Air medical transportation" is the use of a rotorcraft	724
air ambulance or fixed wing air ambulance to provide	725
transportation and advanced life support to seriously ill,	726
injured, wounded, or otherwise incapacitated or helpless	727
individuals who require use of a stretcher from airport to airport	728
or from an emergency scene to a hospital or other medical care	729
setting.	730

(D) "Ambulance" means any motor vehicle that is specifically	731
designed, constructed, or modified and equipped and is intended to	732
be used for theto provide basic life support, intermediate life	733
support, advanced life support, or mobile intensive care unit	734
services and transportation upon the streets or highways of this	735
state of persons who are seriously ill, injured, wounded, or	736
otherwise incapacitated or helpless. "Ambulance" does not include	737
air medical transportation or a vehicle designed and used solely	738
for the transportation of nonstretcher-bound persons, whether	739
hospitalized or handicapped or whether ambulatory or confined to a	740
wheelchair.	741

(C)(E) "Ambulette" means a motor vehicle that is specifically	742
designed, constructed, or modified and equipped and is intended to	743
be used for transportation upon the streets or highways of this	744
state of persons who require use of a wheelchair.	745

(F) "Basic life support" means treatment described in section	746
4765.37 of the Revised Code that an EMT-basic is certified to	747
perform.	748

(D)(G) "Disaster situation" means any condition or situation	749
described by rule of the Ohio ambulance licensingmedical	750
transportation board as a mass casualty, major emergency, natural	751
disaster, or national emergency.	752

(E)(H) "Emergency medical service organization" means an	753
organization that uses EMTs-basic, EMTs-I, or paramedics, or a	754
combination thereof, to provide medical care to victims of illness	755
or injury. An emergency medical service organization includes, but	756
is not limited to, a commercial ambulance service organization, a	757
hospital, and a funeral home.	758

(F)(I) "EMT-basic," "EMT-I," and "paramedic" have the same	759
meanings as in section 4765.01 of the Revised Code.	760

(G)(J) "Fixed wing air ambulance" means a fixed wing aircraft	761
operated as a means of air medical transportation.	762

(K) "Intermediate life support" means treatment described in	763
section 4765.38 of the Revised Code that an EMT-I is certified to	764
perform.	765

(H)(L) "Major emergency" means any emergency event that	766
cannot be resolved through the use of locally available emergency	767
resources.	768

(I)(M) "Mass casualty" means an emergency event that results	769
in ten or more persons being injured, incapacitated, made ill, or	770
killed.	771

(J)(N) "Medical emergency" means an unforeseen event	772
affecting an individual in such a manner that a need for immediate	773
care is created.	774

(O)(1) "Nonemergency medical service organization" means a	775
person that does both of the following:	776

(a) Provides services to the public on a regular basis for	777
the purpose of transporting individuals who require the use of a	778
wheelchair or are confined to a wheelchair to receive health care	779
services at health care facilities or health care practitioners'	780
offices in nonemergency circumstances;	781

(b) Provides the services for a fee, regardless of whether	782
the fee is paid by the person being transported, a third party	783
payer, as defined in section 3702.51 of the Revised Code, or any	784
other person or government entity.	785

(2) "Nonemergency medical service organization" does not	786
include a health care facility, as defined in section 1751.01 of	787
the Revised Code, that provides ambulette services only to	788
patients of that facility.	789

(K)(P) "Mobile intensive care unit" means an ambulance used	790
only for maintaining specialized or intensive care treatment and	791
used primarily for interhospital transports of patients whose	792
conditions require care beyond the scope of a paramedic as	793
provided in section 4765.39 of the Revised Code.	794

(L)(Q) "Nontransport vehicle" means a motor vehicle operated	795
by a licensed emergency medical service organization not as an	796
ambulance, but as a vehicle for providing services in conjunction	797
with the ambulances operated by the organization or other	798
emergency medical service organizations.	799

(M)(R) "Patient" means any individual who as a result of	800
illness or injury needs medical attention, whose physical or	801
mental condition is such that there is imminent danger of loss of	802
life or significant health impairment, or who may be otherwise	803
incapacitated or helpless as a result of a physical or mental	804
condition, or whose physical condition requires the use of a	805
wheelchair.	806

(S) "Rotorcraft air ambulance" means a helicopter or other	807
aircraft capable of vertical takeoffs, vertical landings, and	808
hovering.	809

Sec. 4766.02.  (A) There is hereby created the Ohio ambulance	810
licensingmedical transportation board, consisting of fivenine	811
voting members and one nonvoting member who shall be residents of	812
this state and appointed by the governor with the advice and	813
consent of the senate. Except as provided in division (B) of this	814
section, members shall serve terms of two years. One voting member	815
shall be a member of the Ohio ambulance association; two voting	816
members, one of whom shall be a licensed funeral director, shall	817
be owners or operators of private emergency medical service	818
organizations operating in this state; one voting member shall be	819
a consumer of emergency medical services who is not associated	820
with any public or private emergency medical service organization;	821
and one voting member shall be an official with a public emergency	822
medical service organization; two voting members shall be owners	823
or operators of nonemergency medical service organizations that	824
provide ambulette services only, and two voting members shall be	825
members of the Ohio association of critical care transport, one	826
member representing air-based services and the other representing	827
a ground-based mobile intensive care unit organization. A	828
physician who holds a certificate to practice issued under Chapter	829
4731. of the Revised Code who is a member of the American college	830
of emergency physicians shall serve as the nonvoting member. The	831
board shall annually select from its membership a chair and a	832
vice-chair to act as chair in the chair's absence.	833

(B) Of the members initially appointed, three shall be	834
appointed for terms of one year and three for terms of two years.	835
Any member appointed to fill a vacancy occurring prior to the	836
expiration date of the term for which the member's predecessor was	837
appointed shall hold office for the remainder of that term. Every	838
member shall continue in office subsequent to the expiration date	839
of the member's term until the member's successor takes office, or	840
until a period of sixty days has elapsed, whichever occurs first.	841

(C) Three votingFive members shall constitute a quorum for	842
the transaction of business, and the affirmative vote of three	843
five members is required for the board to take any official	844
action. The board, after notice and hearing, may remove a member	845
by majority vote for malfeasance, misfeasance, or nonfeasance.	846

Members of the board shall be reimbursed for actual and	847
necessary expenses incurred in attending meetings of the board and	848
in the performance of their official duties. The board may hire	849
such employees as are necessary to enable it to execute its	850
duties.	851

(D) The division of emergency medical services within the	852
department of public safety shall provide the board with office	853
space, but the board shall not be a part of the division or the	854
department.	855

(E) The board is the sole supervisory body regarding the	856
licensing of private ambulance service organizations in this	857
state.	858

(F) The board is the sole supervisory body regarding the	859
licensing of private nonemergency medical service organizations in	860
this state.	861

(G) The board is the sole supervisory body regarding the	862
licensing of private air medical service organizations in this	863
state.	864

Sec. 4766.03.  (A) The Ohio ambulance licensingmedical	865
transportation board shall adopt rules, in accordance with Chapter	866
119. of the Revised Code, implementing the requirements of this	867
chapter. The rules shall include provisions relating to the	868
following:	869

(1) Requirements for an emergency medical service	870
organization to receive a permit for an ambulance or nontransport	871
vehicle;	872

(2) Requirements for an emergency medical service	873
organization to receive a license as a basic life-support,	874
intermediate life-support, or advanced life-support, or mobile	875
intensive care unit organization;	876

(3) Requirements for a nonemergency medical service	877
organization to receive a permit for an ambulette vehicle;	878

(4) Requirements for a nonemergency medical service	879
organization to receive a license for an ambulette service;	880

(5) Requirements for an air medical service organization to	881
receive a permit for a rotorcraft air ambulance or fixed wing air	882
ambulance;	883

(6) Requirements for licensure of air medical service	884
organizations;	885

(7) Forms for applications and renewals of licenses and	886
permits;	887

(4)(8) Requirements for record keeping of service responses	888
made by licensed emergency medical service organizations;	889

(5)(9) Fee amounts for licenses and permits, and renewals	890
thereof;	891

(6)(10) Inspection requirements for licensees' vehicles or	892
aircraft, records, and physical facilities;	893

(7)(11) Fee amounts for inspections of ambulances,	894
ambulettes, rotorcraft air ambulances, fixed wing air ambulances,	895
and nontransport vehicles;	896

(8)(12) Requirements for ambulances and nontransport vehicles	897
used by licensed emergency medical service organizations, for	898
ambulette vehicles used by licensed nonemergency medical service	899
organizations, and for rotorcraft air ambulances or fixed wing air	900
ambulances used by licensed air medical service organizations that	901
specify for each type of vehicle or aircraft the types of	902
equipment that must be carried, the communication systems that	903
must be maintained, and the personnel who must staff the vehicle	904
or aircraft;	905

(9)(13) The level of care each type of emergency medical	906
service organization, nonemergency medical service organization,	907
and air medical service organization is authorized to provide;	908

(10)(14) Eligibility requirements for employment as an	909
ambulette driver, including grounds for disqualification due to	910
the results of a motor vehicle law violation check, chemical test,	911
or criminal records check. The rule may require that an applicant	912
for employment as an ambulette driver provide a set of	913
fingerprints to law enforcement authorities if the applicant comes	914
under final consideration for employment.	915

(15) Any other rules that the board determines necessary for	916
the implementation and enforcement of this chapter.	917

(B) In the rules for ambulances and nontransport vehicles	918
adopted under division (A)(8)(12) of this section, the board may	919
establish requirements that vary according to whether the	920
emergency medical service organization using the vehicles is	921
licensed as a basic life-support, intermediate life-support, or	922
advanced life-support, or mobile intensive care unit organization.	923

(C) A mobile intensive care unit that is not dually certified	924
to provide advanced life-support and meets the requirements of the	925
rules adopted under this section is not required to carry	926
immobilization equipment, including board splint kits, traction	927
splints, backboards, backboard straps, cervical immobilization	928
devices, cervical collars, stairchairs, folding cots, or other	929
types of immobilization equipment determined by the board to be	930
unnecessary for mobile intensive care units.	931

A mobile intensive care unit is exempt from the emergency	932
medical technician staffing requirements of division (B) of	933
section 4765.43 of the Revised Code when it is staffed by at least	934
one physician or registered nurse and another person, designated	935
by a physician, who holds a valid license or certificate to	936
practice in a health care profession, and when at least one of the	937
persons staffing the mobile intensive care unit is a registered	938
nurse whose training meets or exceeds the training required for a	939
paramedic.	940

Sec. 4766.04.  (A) Except as otherwise provided in this	941
chapter, no person shall furnish, operate, conduct, maintain,	942
advertise, engage in, or propose or profess to engage in the	943
business or service in this state of transporting persons who are	944
seriously ill, injured, or otherwise incapacitated in this state	945
or who require the use of a wheelchair or are confined to a	946
wheelchair unless the person is licensed pursuant to this section.	947

(B) To qualify for a license as a basic life-support,	948
intermediate life-support, or advanced life-support service, or	949
mobile intensive care unit organization, an emergency medical	950
service organization shall do all of the following:	951

(1) Apply for a permit for each ambulance and nontransport	952
vehicle owned or leased as provided in section 4766.07 of the	953
Revised Code;	954

(2) Meet all requirements established in rules adopted by the	955
Ohio ambulance licensingmedical transportation board regarding	956
ambulances and nontransport vehicles, including requirements	957
pertaining to equipment, communications systems, staffing, and	958
level of care the particular organization is permitted to render;	959

(3) Maintain the appropriate type and amount of insurance or	960
self-insurance as specified in section 4766.06 of the Revised	961
Code;	962

(4) Meet all other requirements established under rules	963
adopted by the board for the particular license.	964

(C) To applyqualify for a license to provide ambulette	965
service, a nonemergency medical service organization shall do all	966
of the following:	967

(1) Apply for a permit for each ambulette owned or leased as	968
provided in section 4766.07 of the Revised Code;	969

(2) Meet all requirements established in rules adopted by the	970
Ohio medical transportation board regarding ambulettes, including	971
requirements pertaining to equipment, communication systems,	972
staffing, and level of care the organization is permitted to	973
render;	974

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

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

(D) To qualify for a license to provide air medical	979
transportation, an air medical service organization shall do all	980
of the following:	981

(1) Apply for a permit for each rotorcraft air ambulance and	982
fixed wing air ambulance owned or leased as provided in section	983
4766.07 of the Revised Code;	984

(2) Meet all requirements established in rules adopted by the	985
Ohio medical transportation board regarding rotorcraft air	986
ambulances and fixed air ambulances, including requirements	987
pertaining to equipment, communication systems, staffing, and	988
level of care the organization is permitted to render;	989

(3) Maintain the appropriate type and amount of insurance as	990
specified in section 4766.06 of the Revised Code;	991

(4) Meet all other requirements established under rules	992
adopted by the board for the license.	993

(E) An emergency medical service organization that applies	994
for a license as a basic life-support, intermediate life-support,	995
or advanced life-support service, or mobile intensive care unit	996
organization, an emergency medical service organization; a	997
nonemergency medical service organization that applies for a	998
license to provide ambulette service; or an air medical service	999
organization that applies for a license to provide air medical	1000
transportation shall submit a completed application to the board,	1001
on a form provided by the board for each particular license,	1002
together with the appropriate fees established under section	1003
4766.05 of the Revised Code. The application form shall include	1004
all of the following:	1005

(1) The name and business address of the operator of the	1006
organization for which licensure is sought;	1007

(2) The name under which the applicant will operate the	1008
organization;	1009

(3) A list of the names and addresses of all officers and	1010
directors of the organization;	1011

(4) AFor emergency medical service organizations and	1012
nonemergency medical service organizations, a description of each	1013
vehicle to be used, including the make, model, year of	1014
manufacture, mileage, vehicle identification number, and the color	1015
scheme, insignia, name, monogram, or other distinguishing	1016
characteristics to be used to designate the applicant's vehicle;	1017

(5) For air medical service organizations using fixed wing	1018
air ambulances, a description of each aircraft to be used,	1019
including the make, model, year of manufacture, and aircraft Hobbs	1020
meter hour reading;	1021

(6) For air medical service organizations using rotorcraft	1022
air ambulances, a description of each aircraft to be used,	1023
including the make, model, year of manufacture, aircraft Hobbs	1024
meter hour reading, aircraft identification number, and the color	1025
scheme, insignia, name, monogram, or other distinguishing	1026
characteristics to be used to designate the applicant's rotorcraft	1027
air ambulance;	1028

(7) The location and description of each place from which the	1029
organization will operate;	1030

(6)(8) A description of the geographic area to be served by	1031
the applicant;	1032

(7)(9) Any other information the board, by rule, determines	1033
necessary.	1034

(D)(F) Within sixty days after receiving a completed	1035
application for licensure as a basic life-support, intermediate	1036
life-support, or advanced life-support service, or mobile	1037
intensive care unit organization; an ambulette service; or an air	1038
medical service organization, the board shall approve or deny the	1039
application. The board shall deny an application if it determines	1040
that the applicant does not meet the requirements of this chapter	1041
or any rules adopted under it. The board shall send notice of the	1042
denial of an application by certified mail to the applicant. The	1043
applicant may request a hearing within ten days after receipt of	1044
the notice. If the board receives a timely request, it shall hold	1045
a hearing in accordance with Chapter 119. of the Revised Code.	1046

(E)(G) If an applicant or licensee operates or plans to	1047
operate an organization in more than one location under the same	1048
or different identities, the applicant or licensee shall apply for	1049
and meet all requirements for licensure or renewal of a license,	1050
other than payment of a license fee or renewal fee, for operating	1051
the organization at each separate location. An applicant or	1052
licensee that operates or plans to operate under the same	1053
organization identity in separate locations shall pay only a	1054
single license fee.	1055

(F)(H) An emergency medical service organization that wishes	1056
to provide ambulette services to the public must apply for a	1057
separate license under division (C) of this section.	1058

(I) Each license issued under this section and each permit	1059
issued under section 4766.07 of the Revised Code expires one year	1060
after the date of issuance and may be renewed in accordance with	1061
the standard renewal procedures of Chapter 4745. of the Revised	1062
Code, except that a license or permit issued in 1998 or in 1999	1063
prior to the effective date of this amendmentJune 30, 1999, shall	1064
expire two years after the date of issuance. An application for	1065
renewal shall include the license or permit renewal fee	1066
established under section 4766.05 of the Revised Code. An	1067
applicant for renewal of a permit also shall submit to the board	1068
proof of an annual inspection of the vehicle or aircraft for which	1069
permit renewal is sought. The board shall renew a license if the	1070
applicant meets the requirements for licensure and shall renew a	1071
permit if the applicant and vehicle or aircraft meet the	1072
requirements to maintain a permit for that vehicle or aircraft.	1073

(G)(J) Each licensee shall maintain accurate records of all	1074
service responses conducted. The records shall be maintained on	1075
forms prescribed by the board and shall contain information as	1076
specified by rule by the board.	1077

Sec. 4766.05.  (A) The Ohio ambulance licensingmedical	1078
transportation board shall establish by rule a license fee, a	1079
permit fee for each ambulance, ambulette, rotorcraft air	1080
ambulance, fixed wing air ambulance, and nontransport vehicle	1081
owned or leased by the licensee that is or will be used as	1082
provided in section 4766.07 of the Revised Code, and fees for	1083
renewals of licenses and permits, taking into consideration the	1084
actual costs incurred by the board in carrying out its duties	1085
under this chapter. However, the fee for each license and each	1086
renewal of a license shall not exceed one hundred dollars, and the	1087
fee for each permit and each renewal of a permit shall not exceed	1088
one hundred dollars for each ambulance, rotorcraft air ambulance,	1089
fixed wing air ambulance, and nontransport vehicle. The fee for	1090
each permit and each renewal of a permit shall be twenty-five	1091
dollars for each ambulette for one year after the effective date	1092
of this amendment. Thereafter, the board shall determine by rule	1093
the fee, which shall not exceed fifty dollars, for each permit and	1094
each renewal of a permit for each ambulette. For purposes of	1095
establishing fees, "actual costs" includes the costs of salaries,	1096
expenses, inspection equipment, supervision, and program	1097
administration.	1098

(B) The board shall deposit all fees and other moneys	1099
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	1100
the Revised Code in the state treasury to the credit of the	1101
ambulance licensingOhio medical transportation trust fund, which	1102
is hereby created. All moneys from the fund shall be used solely	1103
for the salaries and expenses of the board incurred in	1104
implementing and enforcing this chapter.	1105

(C) The board, subject to the approval of the controlling	1106
board, may establish fees in excess of the maximum amounts allowed	1107
under division (A) of this section, but such fees shall not exceed	1108
those maximum amounts by more than fifty per cent.	1109

Sec. 4766.06.  (A)(1) Every emergency medical service	1110
organization and nonemergency medical service organization	1111
licensee under this chapter shall furnish adequate evidence of	1112
liability insurance coverage, in an amount of not less than five	1113
hundred thousand dollars per occurrence and not less than five	1114
hundred thousand dollars in the aggregate, for any cause for which	1115
the licensee would be liable.	1116

(2) In lieu of insurance coverage as provided in division	1117
(A)(1) of this section, a licensee may furnish a certificate of	1118
self-insurance evidencing that he has established a self-insurance	1119
plan approved by the superintendent of insurance that is	1120
equivalent to or greater than the insurance coverage required in	1121
division (A)(1) of this sectionEvery air medical service	1122
organization licensee under this chapter shall furnish adequate	1123
evidence of liability insurance coverage, in an amount not less	1124
than twenty million dollars per occurrence and not less than	1125
twenty million dollars in the aggregate, for any cause for which	1126
the licensee would be liable.	1127

(B)(1) In addition to the insurance requirements of division	1128
(A) of this section, every licensee shall carry bodily injury and	1129
property damage insurance with solvent and responsible insurers	1130
licensed to do business in this state for any loss or damage	1131
resulting from any occurrence arising out of or caused by the	1132
operation or use of any ambulance, ambulette, rotorcraft air	1133
ambulance, fixed wing air ambulance, or nontransport vehicle. The	1134
insurance shall insure each vehicle for the sum of not less than	1135
one hundred thousand dollars for bodily injury to or death of any	1136
one person arising out of any one accident and the sum of not less	1137
than three hundred thousand dollars for bodily injury to or death	1138
of more than one person in any one accident and for the sum of	1139
fifty thousand dollars for damage to property arising from any one	1140
accident.	1141

(2) In lieu of the insurance coverage as provided in division	1142
(B)(1) of this section, a licensee may furnish a certificate of	1143
self-insurance evidencing that he has established a self-insurance	1144
plan approved by the superintendent that provides the same or more	1145
comprehensive coverage than required in division (B)(1) of this	1146
section.	1147

(C) Each policy or contract of insurance issued shall provide	1148
for the payment and satisfaction of any financial judgment entered	1149
against the licensee and any person operating the vehicle and for	1150
a thirty-day cancellation notice to the board.	1151

Sec. 4766.07.  (A) Each emergency medical service	1152
organization, nonemergency medical service organization, and air	1153
medical service organization subject to licensure under this	1154
chapter shall possess a valid permit for each ambulance,	1155
ambulette, rotorcraft air ambulance, fixed wing air ambulance, and	1156
nontransport vehicle it owns or leases that is or will be used by	1157
the licensee to perform the services permitted by the license.	1158
Each licensee and license applicant shall submit the appropriate	1159
fee and an application for a permit for each ambulance, ambulette,	1160
rotorcraft air ambulance, fixed wing air ambulance, and	1161
nontransport vehicle to the Ohio ambulance licensingmedical	1162
transportation board on forms provided by the board. The	1163
application shall include documentation that the vehicle or	1164
aircraft meets the appropriate standards set by the board, that	1165
the vehicle or aircraft has been inspected pursuant to division	1166
(C) of this section, that the permit applicant maintains insurance	1167
or self-insurance as provided in section 4766.06 of the Revised	1168
Code, and that the vehicle or aircraft and permit applicant meet	1169
any other requirements established under rules adopted by the	1170
board.	1171

(B)(1) Within sixty days after receiving a completed	1172
application for a permit, the board shall issue or deny the	1173
permit. The board shall deny an application if it determines that	1174
the permit applicant or, vehicle, or aircraft does not meet the	1175
requirements of this chapter and the rules adopted under it that	1176
apply to permits for ambulances, ambulettes, rotorcraft air	1177
ambulances, fixed wing air ambulances, and nontransport vehicles.	1178
The board shall send notice of the denial of an application by	1179
certified mail to the permit applicant. The permit applicant may	1180
request a hearing within ten days after receipt of the notice. If	1181
the board receives a timely request, it shall hold a hearing in	1182
accordance with Chapter 119. of the Revised Code.	1183

(2) If the board issues the vehicle permit for an ambulance,	1184
ambulette, or nontransport vehicle, it also shall issue a decal,	1185
in a form prescribed by rule, to be displayed on the rear window	1186
of the vehicle. The board shall not issue a decal until all of the	1187
requirements for licensure and permit issuance have been met.	1188

(3) If the board issues the aircraft permit for a rotorcraft	1189
air ambulance or fixed wing air ambulance, it also shall issue a	1190
decal, in a form prescribed by rule, to be displayed on the left	1191
fuselage aircraft window in a manner that complies with all	1192
applicable federal aviation regulations. The board shall not issue	1193
a decal until all of the requirements for licensure and permit	1194
issuance have been met.	1195

(C) In addition to any other requirements that the board	1196
establishes by rule, a licensee or license applicant applying for	1197
an initial vehicle or aircraft permit under division (A) of this	1198
section shall submit to the state highway patrol and the board the	1199
vehicle or aircraft for which the permit is sought. Thereafter, a	1200
licensee shall annually submit to the state highway patrol and the	1201
board each vehicle or aircraft for which a permit has been issued.	1202

(1) The state highway patrolboard shall conduct a physical	1203
inspection of an ambulance, ambulette, or nontransport vehicle to	1204
determine its roadworthiness and compliance with standard motor	1205
vehicle requirements.	1206

(2) The board shall conduct a physical inspection of the	1207
medical equipment, communication system, and interior of an	1208
ambulance to determine the operational condition and safety of the	1209
equipment and the ambulance's interior and to determine whether	1210
the ambulance is in compliance with the federal requirements for	1211
ambulance construction that were in effect at the time the	1212
ambulance was manufactured, as specified by the general services	1213
administration in the various versions of its publication titled	1214
"federal specification for the star-of-life ambulance,	1215
KKK-A-1822."	1216

(3) The board shall conduct a physical inspection of the	1217
equipment, communication system, and interior of an ambulette to	1218
determine the operational condition and safety of the equipment	1219
and the ambulette's interior and to determine whether the	1220
ambulette is in compliance with state requirements for ambulette	1221
construction. The board shall determine by rule requirements for	1222
the equipment, communication system, interior, and construction of	1223
an ambulette.	1224

(4) The board shall conduct a physical inspection of the	1225
medical equipment, communication system, and interior of a	1226
rotorcraft air ambulance or fixed wing air ambulance to determine	1227
the operational condition and safety of the equipment and the	1228
aircraft's interior.	1229

(5) The board and state highway patrol shall issue a	1230
certificate to the applicant for each vehicle or aircraft that	1231
passes the inspection and may assess a fee for each inspection, as	1232
established by the board.	1233

(4)(6) The board, in consultation with the state highway	1234
patrol, shall adopt rules regarding the implementation and	1235
coordination of the state highway patrol and board inspections.	1236
The rules may permit the board to contract with a third party to	1237
conduct the inspections required of the board under this section.	1238

Sec. 4766.08.  (A) The Ohio ambulance licensingmedical	1239
transportation board may, pursuant to an adjudication conducted in	1240
accordance with Chapter 119. of the Revised Code, suspend or	1241
revoke any license or permit or renewal thereof issued under this	1242
chapter for any one or combination of the following causes:	1243

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

1244

(2) Refusal to permit the board to inspect a vehicle or	1245
aircraft used under the terms of a permit or to inspect the	1246
records or physical facilities of a licensee;	1247

(3) Failure to meet the ambulance, ambulette, rotorcraft air	1248
ambulance, fixed wing air ambulance, and nontransport vehicle	1249
requirements specified in this chapter or the rules adopted	1250
thereunder;	1251

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

1252

(5) Failure to comply with any of the terms of an agreement	1253
entered into with the board regarding the suspension or revocation	1254
of a license or permit or the imposition of a penalty under this	1255
section.	1256

(B) If the board determines that the records, recordkeeping	1257
record-keeping procedures, or physical facilities of a licensee,	1258
or an ambulance, ambulette, rotorcraft air ambulance, fixed wing	1259
air ambulance, or nontransport vehicle for which a valid permit	1260
has been issued, do not meet the standards specified in this	1261
chapter and the rules adopted thereunder, the board shall notify	1262
the licensee of any deficiencies within thirty days of finding the	1263
deficiencies. If the board determines that the deficiencies exist	1264
and they remain uncorrected after thirty days, the board may	1265
suspend the license or, vehicle permit, or aircraft permit. The	1266
licensee, notwithstanding the suspension under this division, may	1267
operate until all appeals have been exhausted.	1268

(C) At the discretion of the board, a licensee whose license	1269
has been suspended or revoked under this section may be ineligible	1270
to be licensed under this chapter for a period of not more than	1271
three years from the date of the violation, provided that the	1272
board shall make no determination on a period of ineligibility	1273
until all the licensee's appeals relating to the suspension or	1274
revocation have been exhausted.	1275

(D) The board may, in addition to any other action taken	1276
under this section and after a hearing conducted pursuant to	1277
Chapter 119. of the Revised Code, impose a penalty of not more	1278
than fifteen hundred dollars for any violation specified in this	1279
section. The attorney general shall institute a civil action for	1280
the collection of any such penalty imposed.	1281

Sec. 4766.09.  This chapter does not apply to any of the	1282
following:	1283

(A) A person rendering services with an ambulance in the	1284
event of a disaster situation when licensees' vehicles based in	1285
the locality of the disaster situation are incapacitated or	1286
insufficient in number to render the services needed;	1287

(B) Any person operating an ambulance, ambulette, rotorcraft	1288
air ambulance, or fixed wing air ambulance outside this state	1289
unless receiving a person within this state for transport to a	1290
location within this state;	1291

(C) A publicly owned or operated emergency medical service	1292
organization and the vehicles it owns or leases and operates,	1293
except as provided in section 307.051, division (G) of section	1294
307.055, division (F) of section 505.37, division (B) of section	1295
505.375, and division (B)(3) of section 505.72 of the Revised	1296
Code;	1297

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	1298
wing air ambulance, or nontransport vehicle owned or leased and	1299
operated by the federal government;	1300

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

1301

(F) Emergency vehicles owned by a corporation and operating	1302
only on the corporation's premises, for the sole use by that	1303
corporation;	1304

(G) An ambulance, nontransport vehicle, or other emergency	1305
medical service organization vehicle owned and operated by a	1306
municipal corporation;	1307

(H) A motor vehicle titled in the name of a volunteer rescue	1308
service organization, as defined in section 4503.172 of the	1309
Revised Code;	1310

(I) A public emergency medical service organization;

1311

(J) A fire department, rescue squad, or life squad comprised	1312
of volunteers who provide services without expectation of	1313
remuneration and do not receive payment for services other than	1314
reimbursement for expenses;	1315

(K) A private, nonprofit emergency medical service	1316
organization when fifty per cent or more of its personnel are	1317
volunteers, as defined in section 4765.01 of the Revised Code;	1318

(L) Emergency medical service personnel who are regulated by	1319
the state board of emergency medical services under Chapter 4765.	1320
of the Revised Code;	1321

(M) A public nonemergency medical service organization.

1322

Sec. 4766.10.  This chapter does not invalidate any ordinance	1323
or resolution adopted by a municipal corporation that establishes	1324
standards for the licensure of emergency medical service	1325
organizations as basic life-support, intermediate life-support, or	1326
advanced life-support service organizations that have their	1327
principal places of business located within the limits of the	1328
municipal corporation, as long as the licensure standards meet or	1329
exceed the standards established in this chapter and the rules	1330
adopted thereunder.	1331

Emergency medical service organizations licensed by a	1332
municipal corporation are subject to the jurisdiction of the Ohio	1333
ambulance licensingmedical transportation board, but the fees	1334
they pay to the board for licenses, permits, and renewals thereof	1335
shall not exceed fifty per cent of the fee amounts established by	1336
the board pursuant to section 4766.03 of the Revised Code. The	1337
board may choose to waive the vehicle inspection requirements and	1338
inspection fees, but not the permit fees, for the vehicles of	1339
organizations licensed by a municipal corporation.	1340

Sec. 4766.11. (A) The Ohio ambulance licensingmedical	1341
transportation board may investigate alleged violations of this	1342
chapter or the rules adopted under it and may investigate any	1343
complaints received regarding alleged violations.	1344

In addition to any other remedies available and regardless of	1345
whether an adequate remedy at law exists, the board may apply to	1346
the court of common pleas in the county where a violation of any	1347
provision of this chapter or any rule adopted pursuant thereto is	1348
occurring for a temporary or permanent injunction restraining a	1349
person from continuing to commit that violation. On a showing that	1350
a person has committed a violation, the court shall grant the	1351
injunction.	1352

In conducting an investigation under this section, the board	1353
may issue subpoenas compelling the attendance and testimony of	1354
witnesses and the production of books, records, and other	1355
documents pertaining to the investigation. If a person fails to	1356
obey a subpoena from the board, the board may apply to the court	1357
of common pleas in the county where the investigation is being	1358
conducted for an order compelling the person to comply with the	1359
subpoena. On application by the board, the court shall compel	1360
obedience by attachment proceedings for contempt, as in the case	1361
of disobedience of the requirements of a subpoena from the court	1362
or a refusal to testify therein.	1363

(B) The medical transportation board may suspend a license	1364
issued under this chapter without a prior hearing if it determines	1365
that there is evidence that the license holder is subject to	1366
action under this section and that there is clear and convincing	1367
evidence that continued operation by the license holder presents a	1368
danger of immediate and serious harm to the public. The	1369
chairperson and executive director of the board shall make a	1370
preliminary determination and describe the evidence on which they	1371
made their determination to the board members. The board by	1372
resolution may designate another board member to act in place of	1373
the chairperson or another employee to act in place of the	1374
executive director in the event that the chairperson or executive	1375
director is unavailable or unable to act. Upon review of the	1376
allegations, the board, by the affirmative vote of at least four	1377
of its members, may suspend the license without a hearing.	1378

Any method of communication, including a telephone conference	1379
call, may be utilized for describing the evidence to the board	1380
members, for reviewing the allegations, and for voting on the	1381
suspension.	1382

Immediately following the decision by the board to suspend a	1383
license under this division, the board shall issue a written order	1384
of suspension and cause it to be delivered in accordance with	1385
section 119.07 of the Revised Code. If the license holder subject	1386
to the suspension requests an adjudication hearing by the board,	1387
the date set for the adjudication shall be within fifteen days but	1388
not earlier than seven days after the request unless another date	1389
is agreed to by the license holder and the board.	1390

Any summary suspension imposed under this division remains in	1391
effect, unless reversed by the board, until a final adjudicative	1392
order issued by the board pursuant to this section and Chapter	1393
119. of the Revised Code becomes effective. The board shall issue	1394
its final adjudicative order not less than ninety days after	1395
completion of its adjudication hearing. Failure to issue the order	1396
by that day shall cause the summary suspension order to end, but	1397
such failure shall not affect the validity of any subsequent final	1398
adjudication order.	1399

Sec. 4766.12.  If a county, township, joint ambulance	1400
district, or joint emergency medical services district chooses to	1401
have the Ohio ambulance licensingmedical transportation board	1402
license its emergency medical service organizations and issue	1403
permits for its vehicles pursuant to this chapter, except as may	1404
be otherwise provided, all provisions of this chapter and all	1405
rules adopted by the board thereunder are fully applicable.	1406
However, a county, township, joint ambulance district, or joint	1407
emergency medical services district is not required to obtain any	1408
type of permit from the board for any of its nontransport	1409
vehicles.	1410

Sec. 4766.13.  The Ohio ambulance licensingmedical	1411
transportation board, by endorsement, may license and issue	1412
vehicle permits to an emergency medical service organization or a	1413
nonemergency medical service organization that is regulated by	1414
another state. To qualify for a license and vehicle permits by	1415
endorsement, an organization must submit evidence satisfactory to	1416
the board that it has met standards in another state that are	1417
equal to or more stringent than the standards established by this	1418
chapter and the rules adopted under it.	1419

Sec. 4766.15.  (A) An applicant for employment as an	1420
ambulette driver with an organization licensed pursuant to this	1421
chapter shall submit proof to the organization of, or give consent	1422
to the employer to obtain, all of the following:	1423

(1)(a) A valid driver's license issued pursuant to Chapter	1424
4506. or 4507. of the Revised Code, or its equivalent, if the	1425
applicant is a resident of another state;	1426

(b) A recent certified abstract of the applicant's record of	1427
convictions for violations of motor vehicle laws provided by the	1428
registrar of motor vehicles pursuant to section 4509.05 of the	1429
Revised Code, or its equivalent, if the applicant is a resident of	1430
another state.	1431

(2)(a) A certificate of completion of a course in first aid	1432
techniques offered by the American red cross or an equivalent	1433
organization;	1434

(b) A certificate of completion of a course in	1435
cardiopulmonary resuscitation, or its equivalent, offered by an	1436
organization approved by the Ohio medical transportation board.	1437

(3) The result of a chemical test or tests of the applicant's	1438
blood, breath, or urine conducted at a hospital or other	1439
institution approved by the board for the purpose of determining	1440
the alcohol or drug of abuse content of the applicant's blood,	1441
breath, or urine;	1442

(4) The result of a criminal records check conducted by the	1443
bureau of criminal identification and investigation.	1444

(B) An organization may employ an applicant on a temporary	1445
provisional basis pending the completion of all of the	1446
requirements of this section. The length of the provisional period	1447
shall be determined by the board.	1448

(C) An organization licensed pursuant to this chapter shall	1449
use information received pursuant to this section to determine in	1450
accordance with rules adopted by the Ohio medical transportation	1451
board under section 4766.03 of the Revised Code whether an	1452
applicant is disqualified for employment.	1453

No applicant shall be accepted for permanent employment as an	1454
ambulette driver by an organization licensed pursuant to this	1455
chapter until all of the requirements of division (A) of this	1456
section have been met.	1457

Sec. 4766.17. (A) An air medical service organization	1458
licensed under this chapter shall do both of the following:	1459

(1) Use at a minimum both of the following to provide	1460
advanced life support to seriously ill, injured, wounded, or	1461
otherwise incapacitated or helpless individuals who require use of	1462
a stretcher:	1463

(a) A paramedic or registered nurse, both as defined in	1464
section 4765.01 of the Revised Code;	1465

(b) One other person, designated by the medical director of	1466
the air medical service organization, who holds a current, valid	1467
certificate or license to practice a health care profession in	1468
this state.	1469

(2) Employ as a medical director an individual who holds a	1470
current, valid certificate issued under Chapter 4731. of the	1471
Revised Code authorizing the practice of medicine and surgery or	1472
osteopathic medicine and surgery.	1473

(B) The medical director employed by a licensed air medical	1474
service organization pursuant to division (A)(2) of this section	1475
is ultimately responsible for the medical care provided to each	1476
patient by the organization.	1477

Sec. 4766.20. The Ohio medical transportation board may	1478
create committees to review and make recommendations regarding	1479
medical transportation services provided in this state. A	1480
committee created under this section may receive information about	1481
medical transportation services provided in this state from	1482
emergency medical service organizations, nonemergency medical	1483
service organizations, air medical service organizations, experts	1484
in the field of medical transportation, and other entities or	1485
individuals designated by the board.	1486

A committee created under this section shall meet all of the	1487
following requirements:	1488

(A) Be composed of at least one member of the board and any	1489
experts in the field of medical transportation designated by the	1490
board;	1491

(B) Not exceed a total of six members;

1492

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

1493

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

1494

Sec. 5111.151. (A) This section applies to eligibility	1495
determinations for all cases involving medical assistance provided	1496
pursuant to this chapter, qualified medicare beneficiaries,	1497
specified low-income medicare beneficiaries, qualifying	1498
individuals-1, qualifying individuals-2, and medical assistance	1499
for covered families and children.	1500

(B) As used in this section:

1501

(1) "Trust" means any arrangement in which a grantor	1502
transfers real or personal property to a trust with the intention	1503
that it be held, managed, or administered by at least one trustee	1504
for the benefit of the grantor or beneficiaries. "Trust" includes	1505
any legal instrument or device similar to a trust.	1506

(2) "Legal instrument or device similar to a trust" includes,	1507
but is not limited to, escrow accounts, investment accounts,	1508
partnerships, contracts, and other similar arrangements that are	1509
not called trusts under state law but are similar to a trust and	1510
to which all of the following apply:	1511

(a) The property in the trust is held, managed, retained, or	1512
administered by a trustee.	1513

(b) The trustee has an equitable, legal, or fiduciary duty to	1514
hold, manage, retain, or administer the property for the benefit	1515
of the beneficiary.	1516

(c) The trustee holds identifiable property for the	1517
beneficiary.	1518

(3) "Grantor" is a person who creates a trust, including all	1519
of the following:	1520

(a) An individual;

1521

(b) An individual's spouse;

1522

(c) A person, including a court or administrative body, with	1523
legal authority to act in place of or on behalf of an individual	1524
or an individual's spouse;	1525

(d) A person, including a court or administrative body, that	1526
acts at the direction or on request of an individual or the	1527
individual's spouse.	1528

(4) "Beneficiary" is a person or persons, including a	1529
grantor, who benefits in some way from a trust.	1530

(5) "Trustee" is a person who manages a trust's principal and	1531
income for the benefit of the beneficiaries.	1532

(6) "Person" has the same meaning as in section 1.59 of the	1533
Revised Code and includes an individual, corporation, business	1534
trust, estate, trust, partnership, and association.	1535

(7) "Applicant" is an individual who applies for medical	1536
assistance benefits or the individual's spouse.	1537

(8) "Recipient" is an individual who receives medical	1538
assistance benefits or the individual's spouse.	1539

(9) "Revocable trust" is a trust that can be revoked by the	1540
grantor or the beneficiary, including all of the following, even	1541
if the terms of the trust state that it is irrevocable:	1542

(a) A trust that provides that the trust can be terminated	1543
only by a court;	1544

(b) A trust that terminates on the happening of an event, but	1545
only if the event occurs at the direction or control of the	1546
grantor, beneficiary, or trustee.	1547

(10) "Irrevocable trust" is a trust that cannot be revoked by	1548
the grantor or terminated by a court and that terminates only on	1549
the occurrence of an event outside of the control or direction of	1550
the beneficiary or grantor.	1551

(11) "Payment" is any disbursal from the principal or income	1552
of the trust, including actual cash, noncash or property	1553
disbursements, or the right to use and occupy real property.	1554

(12) "Payments to or for the benefit of the applicant or	1555
recipient" is a payment to any person resulting in a direct or	1556
indirect benefit to the applicant or recipient.	1557

(13) "Testamentary trust" is a trust that is established by a	1558
will and does not take effect until after the death of the person	1559
who created the trust.	1560

(C) If an applicant or recipient is a beneficiary of a trust,	1561
the county department of job and family services shall determine	1562
what type of trust it is and shall treat the trust in accordance	1563
with the appropriate provisions of this section and rules adopted	1564
by the department of job and family services governing trusts. The	1565
county department of job and family services may determine that	1566
the trust or portion of the trust is one of the following:	1567

(1) A countable resource;

1568

(2) Countable income;

1569

(3) A countable resource and countable income;

1570

(4) Not a countable resource or countable income.

1571

(D)(1) A trust or legal instrument or device similar to a	1572
trust shall be considered a medicaid qualifying trust if all of	1573
the following apply:	1574

(a) The trust was established on or prior to August 10, 1993.

1575

(b) The trust was not established by a will.

1576

(c) The trust was established by an applicant or recipient.

1577

(d) The applicant or recipient is or may become the	1578
beneficiary of all or part of the trust.	1579

(e) Payment from the trust is determined by one or more	1580
trustees who are permitted to exercise any discretion with respect	1581
to the distribution to the applicant or recipient.	1582

(2) If a trust meets the requirement of division (D)(1) of	1583
this section, the amount of the trust that is considered by the	1584
county department of job and family services as an available	1585
resource to the applicant or recipient shall be the maximum amount	1586
of payments permitted under the terms of the trust to be	1587
distributed to the applicant or recipient, assuming the full	1588
exercise of discretion by the trustee or trustees. The maximum	1589
amount shall include only amounts that are permitted to be	1590
distributed but are not distributed from either the income or	1591
principal of the trust.	1592

(3) Amounts that are actually distributed from a Medicaid	1593
qualifying trust to a beneficiary for any purpose shall be treated	1594
in accordance with rules adopted by the department of job and	1595
family services governing income.	1596

(4) Availability of a medicaid qualifying trust shall be	1597
considered without regard to any of the following:	1598

(a) Whether or not the trust is irrevocable or was	1599
established for purposes other than to enable a grantor to qualify	1600
for medicaid, medical assistance for covered families and	1601
children, or as a qualified medicare beneficiary, specified	1602
low-income medicare beneficiary, qualifying individual-1, or	1603
qualifying individual-2;	1604

(b) Whether or not the trustee actually exercises discretion.

1605

(5) If any real or personal property is transferred to a	1606
medicaid qualifying trust that is not distributable to the	1607
applicant or recipient, the transfer shall be considered an	1608
improper transfer of resources and shall be subject to rules	1609
adopted by the department of job and family services governing	1610
improper transfers of resources.	1611

(6) The baseline date for the look-back period for transfers	1612
of assets involving a medicaid qualifying trust shall be the date	1613
on which the applicant or recipient is both institutionalized and	1614
first applies for medical assistance. The following conditions	1615
also apply to look-back periods for transfers of assets involving	1616
medicaid qualifying trusts:	1617

(a) If a medicaid qualifying trust is a revocable trust and a	1618
portion of the trust is distributed to someone other than the	1619
applicant or recipient for the benefit of someone other than the	1620
applicant or recipient, the distribution shall be considered an	1621
improper transfer of resources. The look-back period shall be	1622
sixty months from the baseline date. The transfer shall be	1623
considered to have taken place on the date on which the payment to	1624
someone other than the applicant or recipient was made.	1625

(b) If a medicaid qualifying trust is an irrevocable trust	1626
and a portion of the trust is not distributable to the applicant	1627
or recipient, the trust shall be treated as an improper transfer	1628
of resources. The look-back period shall be sixty months from the	1629
baseline date. The transfer is considered to have been made as of	1630
the later of the date the trust was established or the date on	1631
which payment to the applicant or recipient was foreclosed. The	1632
value of the assets shall not be reduced by any payments from the	1633
trust that may be made from these unavailable assets at a later	1634
date.	1635

(c) If a medicaid qualifying trust is an irrevocable trust	1636
and a portion or all of the trust may be disbursed to or for the	1637
benefit of the applicant or recipient, any payment that is made to	1638
another person other than the applicant or recipient shall be	1639
considered an improper transfer of resources. The look-back period	1640
shall be thirty-six months from the baseline date. The transfer	1641
shall be considered to have been made as of the date of payment to	1642
the other person.	1643

(E)(1) A trust or legal instrument or device similar to a	1644
trust shall be considered a self-settled trust if all of the	1645
following apply:	1646

(a) The trust was established on or after August 11, 1993.

1647

(b) The trust was not established by a will.

1648

(c) The trust was established by an applicant or recipient,	1649
spouse of an applicant or recipient, or a person, including a	1650
court or administrative body, with legal authority to act in place	1651
of or on behalf of an applicant, recipient, or spouse, or acting	1652
at the direction or on request of an applicant, recipient, or	1653
spouse.	1654

(2) A trust that meets the requirements of division (E)(1) of	1655
this section and is a revocable trust shall be treated by the	1656
county department of job and family services as follows:	1657

(a) The corpus of the trust shall be considered a resource	1658
available to the applicant or recipient.	1659

(b) Payments from the trust to or for the benefit of the	1660
applicant or recipient shall be considered unearned income of the	1661
applicant or recipient.	1662

(c) Any other payments from the trust shall be considered an	1663
improper transfer of resources and shall be subject to rules	1664
adopted by the department of job and family services governing	1665
improper transfers of resources.	1666

(3) A trust that meets the requirements of division (E)(1) of	1667
this section and is an irrevocable trust shall be treated by the	1668
county department of job and family services as follows:	1669

(a) If there are any circumstances under which payment from	1670
the trust could be made to or for the benefit of the applicant or	1671
recipient, including a payment that can be made only in the	1672
future, the portion from which payments could be made shall be	1673
considered a resource available to the applicant or recipient. The	1674
county department of job and family services shall not take into	1675
account when payments can be made.	1676

(b) Any payment that is actually made to or for the benefit	1677
of the applicant or recipient from either the corpus or income	1678
shall be considered unearned income.	1679

(c) If a payment is made to someone other than to the	1680
applicant or recipient and the payment is not for the benefit of	1681
the applicant or recipient, the payment shall be considered an	1682
improper transfer of resources and shall be subject to rules	1683
adopted by the department of job and family services governing	1684
improper transfers of resources.	1685

(d) The date of the transfer shall be the later of the date	1686
of establishment of the trust or the date of the occurrence of the	1687
event.	1688

(e) When determining the value of the transferred resource	1689
under this provision, the value of the trust shall be its value on	1690
the date payment to the applicant or recipient was foreclosed.	1691

(f) Any income earned or other resources added subsequent to	1692
the foreclosure date shall be added to the total value of the	1693
trust.	1694

(g) Any payments to or for the benefit of the applicant or	1695
recipient after the foreclosure date but prior to the application	1696
date shall be subtracted from the total value. Any other payments	1697
shall not be subtracted from the value.	1698

(h) Any addition of resources after the foreclosure date	1699
shall be considered a separate transfer.	1700

(4) If a trust is funded with assets of another person or	1701
persons in addition to assets of the applicant or recipient, the	1702
applicable provisions of this section and rules adopted by the	1703
department of job and family services governing trusts shall apply	1704
only to the portion of the trust attributable to the applicant or	1705
recipient.	1706

(5) The availability of a self-settled trust shall be	1707
considered without regard to any of the following:	1708

(a) The purpose for which the trust is established;

1709

(b) Whether the trustees have exercised or may exercise	1710
discretion under the trust;	1711

(c) Any restrictions on when or whether distributions may be	1712
made from the trust;	1713

(d) Any restrictions on the use of distributions from the	1714
trust.	1715

(6) The baseline date for the look-back period for transfers	1716
of assets involving a self-settled trust shall be the date on	1717
which the applicant or recipient is both institutionalized and	1718
first applies for medical assistance. The following conditions	1719
also apply to look-back periods for transfers of assets involving	1720
self-settled trusts:	1721

(a) If a self-settled trust is a revocable trust and a	1722
portion of the trust is distributed to someone other than the	1723
applicant or recipient for the benefit of someone other than the	1724
applicant or recipient, the distribution shall be considered an	1725
improper transfer of resources. The look-back period shall be	1726
sixty months from the baseline date. The transfer shall be	1727
considered to have taken place on the date on which the payment to	1728
someone other than the applicant or recipient was made.	1729

(b) If a self-settled trust is an irrevocable trust and a	1730
portion of the trust is not distributable to the applicant or	1731
recipient, the trust shall be treated as an improper transfer of	1732
resources. The look-back period shall be sixty months from the	1733
baseline date. The transfer is considered to have been made as of	1734
the later of the date the trust was established or the date on	1735
which payment to the applicant or recipient was foreclosed. The	1736
value of these assets shall not be reduced by any payments from	1737
the trust that may be made from these unavailable assets at a	1738
later date.	1739

(c) If a self-settled trust is an irrevocable trust and a	1740
portion or all of the trust may be disbursed to or for the benefit	1741
of the applicant or recipient, any payment that is made to another	1742
person other than the applicant or recipient shall be considered	1743
an improper transfer of resources. The look-back period shall be	1744
thirty-six months from the baseline date. The transfer shall be	1745
considered to have been made as of the date of payment to the	1746
other person.	1747

(F) The principal or income from any of the following shall	1748
be exempt from being counted as a resource by a county department	1749
of job and family services:	1750

(1)(a) A special needs trust that meets all of the following	1751
requirements:	1752

(i) The trust contains assets of an applicant or recipient	1753
under sixty-five years of age and may contain the assets of other	1754
individuals.	1755

(ii) The applicant or recipient is disabled as defined in	1756
rules adopted by the department of job and family services.	1757

(iii) The trust is established for the benefit of the	1758
applicant or recipient by a parent, grandparent, legal guardian,	1759
or a court.	1760

(iv) The trust requires that on the death of the applicant or	1761
recipient the state will receive all amounts remaining in the	1762
trust up to an amount equal to the total amount of medical	1763
assistance paid on behalf of the applicant or recipient.	1764

(b) If a special needs trust meets the requirements of	1765
division (F)(1)(a) of this section and has been established for a	1766
disabled applicant or recipient under sixty-five years of age, the	1767
exemption for the trust granted pursuant to division (F) of this	1768
section shall continue after the disabled applicant or recipient	1769
becomes sixty-five years of age if the applicant or recipient	1770
continues to be disabled as defined in rules adopted by the	1771
department of job and family services. Except for income earned by	1772
the trust, the grantor shall not add to or otherwise augment the	1773
trust after the applicant or recipient attains sixty-five years of	1774
age. An addition or augmentation of the trust by the applicant or	1775
recipient with the applicant's own assets after the applicant or	1776
recipient attains sixty-five years of age shall be treated as an	1777
improper transfer of resources.	1778

(c) Cash distributions to the applicant or recipient shall be	1779
counted as unearned income. All other distributions from the trust	1780
shall be treated as provided in rules adopted by the department of	1781
job and family services governing in-kind income.	1782

(d) Transfers of assets to a special needs trust shall not be	1783
treated as an improper transfer of resources. Assets held prior to	1784
the transfer to the trust shall be considered as countable assets	1785
or countable income or countable assets and income.	1786

(2)(a) A qualifying income trust that meets all of the	1787
following requirements:	1788

(i) The trust is composed only of pension, social security,	1789
and other income to the applicant or recipient, including	1790
accumulated interest in the trust.	1791

(ii) The income is received by the individual and the right	1792
to receive the income is not assigned or transferred to the trust.	1793

(iii) The trust requires that on the death of the applicant	1794
or recipient the state will receive all amounts remaining in the	1795
trust up to an amount equal to the total amount of medical	1796
assistance paid on behalf of the applicant or recipient.	1797

(b) No resources shall be used to establish or augment the	1798
trust.	1799

(c) If an applicant or recipient has irrevocably transferred	1800
or assigned the applicant's or recipient's right to receive income	1801
to the trust, the trust shall not be considered a qualifying	1802
income trust by the county department of job and family services.	1803

(d) Income placed in a qualifying income trust shall not be	1804
counted in determining an applicant's or recipient's eligibility	1805
for medical assistance. The recipient of the funds may place any	1806
income directly into a qualifying income trust without those funds	1807
adversely affecting the applicant's or recipient's eligibility for	1808
medical assistance. Income generated by the trust that remains in	1809
the trust shall not be considered as income to the applicant or	1810
recipient.	1811

(e) All income placed in a qualifying income trust shall be	1812
combined with any countable income not placed in the trust to	1813
arrive at a base income figure to be used for spend down	1814
calculations.	1815

(f) The base income figure shall be used for post-eligibility	1816
deductions, including personal needs allowance, monthly income	1817
allowance, family allowance, and medical expenses not subject to	1818
third party payment. Any income remaining shall be used toward	1819
payment of patient liability. Payments made from a qualifying	1820
income trust shall not be combined with the base income figure for	1821
post-eligibility calculations.	1822

(g) The base income figure shall be used when determining the	1823
spend down budget for the applicant or recipient. Any income	1824
remaining after allowable deductions are permitted as provided	1825
under rules adopted by the department of job and family services	1826
shall be considered the applicant's or recipient's spend down	1827
liability.	1828

(3)(a) A pooled trust that meets all of the following	1829
requirements:	1830

(i) The trust contains the assets of the applicant or	1831
recipient of any age who is disabled as defined in rules adopted	1832
by the department of job and family services.	1833

(ii) The trust is established and managed by a nonprofit	1834
association.	1835

(iii) A separate account is maintained for each beneficiary	1836
of the trust but, for purposes of investment and management of	1837
funds, the trust pools the funds in these accounts.	1838

(iv) Accounts in the trust are established by the applicant	1839
or recipient, the applicant's or recipient's parent, grandparent,	1840
or legal guardian, or a court solely for the benefit of	1841
individuals who are disabled.	1842

(v) The trust requires that, to the extent that any amounts	1843
remaining in the beneficiary's account on the death of the	1844
beneficiary are not retained by the trust, the trust pay to the	1845
state the amounts remaining in the trust up to an amount equal to	1846
the total amount of medical assistance paid on behalf of the	1847
beneficiary.	1848

(b) Cash distributions to the applicant or recipient shall be	1849
counted as unearned income. All other distributions from the trust	1850
shall be treated as provided in rules adopted by the department of	1851
job and family services governing in-kind income.	1852

(c) Transfers of assets to a pooled trust shall not be	1853
treated as an improper transfer of resources. Assets held prior to	1854
the transfer to the trust shall be considered as countable assets,	1855
countable income, or countable assets and income.	1856

(4) A supplemental services trust that meets the requirements	1857
of section 1339.51 of the Revised Code and to which all of the	1858
following apply:	1859

(a) A person may establish a supplemental services trust	1860
pursuant to section 1339.51 of the Revised Code only for another	1861
person who is eligible to receive services through one of the	1862
following agencies:	1863

(i) The department of mental retardation and developmental	1864
disabilities;	1865

(ii) A county board of mental retardation and developmental	1866
disabilities;	1867

(iii) The department of mental health;

1868

(iv) A board of alcohol, drug addiction, and mental health	1869
services.	1870

(b) A county department of job and family services shall not	1871
determine eligibility for another agency's program. An applicant	1872
or recipient shall do one of the following:	1873

(i) Provide documentation from one of the agencies listed in	1874
division (F)(4)(a) of this section that establishes that the	1875
applicant or recipient was determined to be eligible for services	1876
from the agency at the time of the creation of the trust;	1877

(ii) Provide an order from a court of competent jurisdiction	1878
that states that the applicant or recipient was eligible for	1879
services from one of the agencies listed in division (F)(4)(a) of	1880
this section at the time of the creation of the trust.	1881

(c) At the time the trust is created, the trust principal	1882
does not exceed the maximum amount permitted. The maximum amount	1883
permitted in calendar year 2002 is two hundred fourteen thousand	1884
dollars. Each year thereafter, the maximum amount permitted is the	1885
prior year's amount plus two thousand dollars.	1886

(d) A county department of job and family services shall	1887
review the trust to determine whether it complies with the	1888
provisions of section 1339.51 of the Revised Code.	1889

(e) Payments from supplemental services trusts shall be	1890
exempt as long as the payments are for supplemental services as	1891
defined in rules adopted by the department of job and family	1892
services. All supplemental services shall be purchased by the	1893
trustee and shall not be purchased through direct cash payments to	1894
the beneficiary.	1895

(f) If a trust is represented as a supplemental services	1896
trust and a county department of job and family services	1897
determines that the trust does not meet the requirements provided	1898
in division (F)(4) of this section and section 1339.51 of the	1899
Revised Code, the county department of job and family services	1900
shall not consider it an exempt trust.	1901

(G)(1) A trust or legal instrument or device similar to a	1902
trust shall be considered a trust established by an individual for	1903
the benefit of the applicant or recipient if all of the following	1904
apply:	1905

(a) The trust is created by a person other than the applicant	1906
or recipient.	1907

(b) The trust names the applicant or recipient as a	1908
beneficiary.	1909

(c) The trust is funded with assets or property in which the	1910
applicant or recipient has never held an ownership interest prior	1911
to the establishment of the trust.	1912

(2) Any portion of a trust that meets the requirements of	1913
division (G)(1) of this section shall be an available resource	1914
only if the trust permits the trustee to expend principal, corpus,	1915
or assets of the trust for the applicant's or recipient's medical	1916
care, care, comfort, maintenance, health, welfare, general well	1917
being, or any combination of these purposes.	1918

(3) A trust that meets the requirements of division (G)(1) of	1919
this section shall be considered an available resource even if the	1920
trust contains any of the following types of provisions:	1921

(a) A provision that prohibits the trustee from making	1922
payments that would supplant or replace medical assistance or	1923
other public assistance;	1924

(b) A provision that prohibits the trustee from making	1925
payments that would impact or have an effect on the applicant's or	1926
recipient's right, ability, or opportunity to receive medical	1927
assistance or other public assistance;	1928

(c) A provision that attempts to prevent the trust or its	1929
corpus or principal from being counted as an available resource.	1930

(4) A trust that meets the requirements of division (G)(1) of	1931
this section shall not be counted as an available resource if at	1932
least one of the following circumstances applies:	1933

(a) If a trust contains a clear statement requiring the	1934
trustee to preserve a portion of the trust for another beneficiary	1935
or remainderman, that portion of the trust shall not be counted as	1936
an available resource. Terms of a trust that grant discretion to	1937
preserve a portion of the trust shall not qualify as a clear	1938
statement requiring the trustee to preserve a portion of the	1939
trust.	1940

(b) If a trust contains a clear statement requiring the	1941
trustee to use a portion of the trust for a purpose other than	1942
medical care, care, comfort, maintenance, welfare, or general well	1943
being of the applicant or recipient, that portion of the trust	1944
shall not be counted as an available resource. Terms of a trust	1945
that grant discretion to limit the use of a portion of the trust	1946
shall not qualify as a clear statement requiring the trustee to	1947
use a portion of the trust for a particular purpose.	1948

(c) If a trust contains a clear statement limiting the	1949
trustee to making fixed periodic payments, the trust shall not be	1950
counted as an available resource and payments shall be treated in	1951
accordance with rules adopted by the department of job and family	1952
services governing income. Terms of a trust that grant discretion	1953
to limit payments shall not qualify as a clear statement requiring	1954
the trustee to make fixed periodic payments.	1955

(d) If a trust contains a clear statement that requires the	1956
trustee to terminate the trust if it is counted as an available	1957
resource, the trust shall not be counted as an available resource.	1958
Terms of a trust that grant discretion to terminate the trust do	1959
not qualify as a clear statement requiring the trustee to	1960
terminate the trust.	1961

(e) If a person obtains a judgment from a court of competent	1962
jurisdiction that expressly prevents the trustee from using part	1963
or all of the trust for the medical care, care, comfort,	1964
maintenance, welfare, or general well being of the applicant or	1965
recipient, the trust or that portion of the trust subject to the	1966
court order shall not be counted as a resource.	1967

(f) If a trust is specifically exempt from being counted as	1968
an available resource by a provision of the Revised Code, rules,	1969
or federal law, the trust shall not be counted as a resource.	1970

(g) If an applicant or recipient presents a final judgment	1971
from a court demonstrating that the applicant or recipient was	1972
unsuccessful in a civil action against the trustee to compel	1973
payments from the trust, the trust shall not be counted as an	1974
available resource.	1975

(h) If an applicant or recipient presents a final judgment	1976
from a court demonstrating that in a civil action against the	1977
trustee the applicant or recipient was only able to compel limited	1978
or periodic payments, the trust shall not be counted as an	1979
available resource and payments shall be treated in accordance	1980
with rules adopted by the department of job and family services	1981
governing income.	1982

(i) If an applicant or recipient provides written	1983
documentation showing that the cost of a civil action brought to	1984
compel payments from the trust would be cost prohibitive, the	1985
trust shall not be counted as an available resource.	1986

(5) Any actual payments to the applicant or recipient from a	1987
trust that meet the requirements of division (G)(1) of this	1988
section, including trusts that are not counted as an available	1989
resource, shall be treated as provided in rules adopted by the	1990
department of job and family services governing income. Payments	1991
to any person other than the applicant or recipient shall not be	1992
considered income to the applicant or recipient. Payments from the	1993
trust to a person other than the applicant or recipient shall not	1994
be considered an improper transfer of assets.	1995

Sec. 5503.12.  (A) The superintendent of the state highway	1996
patrol, with the approval of the director of public safety, may	1997
authorize the registrar of motor vehicles and designated deputy	1998
registrars to collect inspection and testing fees on behalf of the	1999
state highway patrol. The superintendent and the registrar jointly	2000
shall determine and designate the deputy registrars who shall	2001
collect inspection and testing fees under this section.	2002

(B)(1) In addition to collecting the inspection and testing	2003
fees, the registrar and each designated deputy registrar may	2004
collect and retain a service fee in the amount specified in	2005
division (D) of section 4503.10 of the Revised Code for each	2006
inspection and testing fee collected on behalf of the state	2007
highway patrol.	2008

(2) Each designated deputy registrar, upon receipt of any	2009
inspection and testing fee, shall transmit the fees to the	2010
registrar in the manner prescribed by the registrar.	2011

(3) The registrar shall deposit the inspection and testing	2012
fees collected by and transmitted to the registrar to the credit	2013
of the fund specified by law.	2014

(C) The superintendent, with the approval of the director,	2015
shall establish appropriate procedures to be used by the registrar	2016
and designated deputy registrars for determining proof of payment	2017
of inspection and testing fees.	2018

(D) As used in this section, "inspection and testing fees"	2019
includes the following:	2020

(1) Fees for vehicle inspections conducted under sections	2021
4505.11, 4505.111, 4513.52, 4513.53, 4519.56, and 4519.61, and	2022
4766.07 of the Revised Code;	2023

(2) Fees for testing of commercial driver's license	2024
applicants under section 4506.09 of the Revised Code;	2025

(3) Except as may otherwise be specifically provided by law,	2026
any statutory fees for similar vehicle inspections or driver	2027
testing conducted by the state highway patrol that the	2028
superintendent may specify for collection under this section.	2029

Section 2.  That existing sections 307.051, 307.055, 505.37,	2030
505.375, 505.72, 4503.49, 4513.263, 4766.01, 4766.02, 4766.03,	2031
4766.04, 4766.05, 4766.06, 4766.07, 4766.08, 4766.09, 4766.10,	2032
4766.11, 4766.12, 4766.13, and 5503.12 of the Revised Code are	2033
hereby repealed.	2034

Section 3. That the version of section 4513.263 of the	2035
Revised Code that is scheduled to take effect January 1, 2004, be	2036
amended to read as follows:	2037

Sec. 4513.263.  (A) As used in this section and in section	2038
4513.99 of the Revised Code:	2039

(1) "Automobile" means any commercial tractor, passenger car,	2040
commercial car, or truck that is required to be factory-equipped	2041
with an occupant restraining device for the operator or any	2042
passenger by regulations adopted by the United States secretary of	2043
transportation pursuant to the "National Traffic and Motor Vehicle	2044
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	2045

(2) "Occupant restraining device" means a seat safety belt,	2046
shoulder belt, harness, or other safety device for restraining a	2047
person who is an operator of or passenger in an automobile and	2048
that satisfies the minimum federal vehicle safety standards	2049
established by the United States department of transportation.	2050

(3) "Passenger" means any person in an automobile, other than	2051
its operator, who is occupying a seating position for which an	2052
occupant restraining device is provided.	2053

(4) "Commercial tractor," "passenger car," and "commercial	2054
car" have the same meanings as in section 4501.01 of the Revised	2055
Code.	2056

(5) "Vehicle" and "motor vehicle," as used in the definitions	2057
of the terms set forth in division (A)(4) of this section, have	2058
the same meanings as in section 4511.01 of the Revised Code.	2059

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

2060

(1) Operate an automobile on any street or highway unless	2061
that person is wearing all of the available elements of a properly	2062
adjusted occupant restraining device, or operate a school bus that	2063
has an occupant restraining device installed for use in its	2064
operator's seat unless that person is wearing all of the available	2065
elements of the device, as properly adjusted;	2066

(2) Operate an automobile on any street or highway unless	2067
each passenger in the automobile who is subject to the requirement	2068
set forth in division (B)(3) of this section is wearing all of the	2069
available elements of a properly adjusted occupant restraining	2070
device;	2071

(3) Occupy, as a passenger, a seating position on the front	2072
seat of an automobile being operated on any street or highway	2073
unless that person is wearing all of the available elements of a	2074
properly adjusted occupant restraining device;	2075

(4) Operate a taxicab on any street or highway unless all	2076
factory-equipped occupant restraining devices in the taxicab are	2077
maintained in usable form.	2078

(C) Division (B)(3) of this section does not apply to a	2079
person who is required by section 4511.81 of the Revised Code to	2080
be secured in a child restraint device. Division (B)(1) of this	2081
section does not apply to a person who is an employee of the	2082
United States postal service or of a newspaper home delivery	2083
service, during any period in which the person is engaged in the	2084
operation of an automobile to deliver mail or newspapers to	2085
addressees. Divisions (B)(1) and (3) of this section do not apply	2086
to a person who has an affidavit signed by a physician licensed to	2087
practice in this state under Chapter 4731. of the Revised Code or	2088
a chiropractor licensed to practice in this state under Chapter	2089
4734. of the Revised Code that states that the person has a	2090
physical impairment that makes use of an occupant restraining	2091
device impossible or impractical.	2092

(D) Notwithstanding any provision of law to the contrary, no	2093
law enforcement officer shall cause an operator of an automobile	2094
being operated on any street or highway to stop the automobile for	2095
the sole purpose of determining whether a violation of division	2096
(B) of this section has been or is being committed or for the sole	2097
purpose of issuing a ticket, citation, or summons for a violation	2098
of that nature or causing the arrest of or commencing a	2099
prosecution of a person for a violation of that nature, and no law	2100
enforcement officer shall view the interior or visually inspect	2101
any automobile being operated on any street or highway for the	2102
sole purpose of determining whether a violation of that nature has	2103
been or is being committed.	2104

(E) All fines collected for violations of division (B) of	2105
this section, or for violations of any ordinance or resolution of	2106
a political subdivision that is substantively comparable to that	2107
division, shall be forwarded to the treasurer of state for deposit	2108
as follows:	2109

(1) Eight per cent shall be deposited into the seat belt	2110
education fund, which is hereby created in the state treasury, and	2111
shall be used by the department of public safety to establish a	2112
seat belt education program.	2113

(2) Eight per cent shall be deposited into the elementary	2114
school program fund, which is hereby created in the state	2115
treasury, and shall be used by the department of public safety to	2116
establish and administer elementary school programs that encourage	2117
seat safety belt use.	2118

(3) Two per cent shall be deposited into the Ohio ambulance	2119
licensingmedical transportation trust fund created by section	2120
4766.05 of the Revised Code.	2121

(4) Twenty-eight per cent shall be deposited into the trauma	2122
and emergency medical services fund, which is hereby created in	2123
the state treasury, and shall be used by the department of public	2124
safety for the administration of the division of emergency medical	2125
services and the state board of emergency medical services.	2126

(5) Fifty-four per cent shall be deposited into the trauma	2127
and emergency medical services grants fund, which is hereby	2128
created in the state treasury, and shall be used by the state	2129
board of emergency medical services to make grants, in accordance	2130
with section 4765.07 of the Revised Code and rules the board	2131
adopts under section 4765.11 of the Revised Code.	2132

(F)(1) Subject to division (F)(2) of this section, the	2133
failure of a person to wear all of the available elements of a	2134
properly adjusted occupant restraining device or to ensure that	2135
each passenger of an automobile being operated by the person is	2136
wearing all of the available elements of such a device, in	2137
violation of division (B) of this section, shall not be considered	2138
or used as evidence of negligence or contributory negligence,	2139
shall not diminish recovery for damages in any civil action	2140
involving the person arising from the ownership, maintenance, or	2141
operation of an automobile; shall not be used as a basis for a	2142
criminal prosecution of the person other than a prosecution for a	2143
violation of this section; and shall not be admissible as evidence	2144
in any civil or criminal action involving the person other than a	2145
prosecution for a violation of this section.	2146

(2) If, at the time of an accident involving a passenger car	2147
equipped with occupant restraining devices, any occupant of the	2148
passenger car who sustained injury or death was not wearing an	2149
available occupant restraining device, was not wearing all of the	2150
available elements of such a device, or was not wearing such a	2151
device as properly adjusted, then, consistent with the Rules of	2152
Evidence, the fact that the occupant was not wearing the available	2153
occupant restraining device, was not wearing all of the available	2154
elements of such a device, or was not wearing such a device as	2155
properly adjusted is admissible in evidence in relation to any	2156
claim for relief in a tort action to the extent that the claim for	2157
relief satisfies all of the following:	2158

(a) It seeks to recover damages for injury or death to the	2159
occupant.	2160

(b) The defendant in question is the manufacturer, designer,	2161
distributor, or seller of the passenger car.	2162

(c) The claim for relief against the defendant in question is	2163
that the injury or death sustained by the occupant was enhanced or	2164
aggravated by some design defect in the passenger car or that the	2165
passenger car was not crashworthy.	2166

(3) As used in division (F)(2) of this section, "tort action"	2167
means a civil action for damages for injury, death, or loss to	2168
person or property. "Tort action" includes a product liability	2169
claim that is subject to sections 2307.71 to 2307.80 of the	2170
Revised Code, but does not include a civil action for damages for	2171
a breach of a contract or another agreement between persons.	2172

(G)(1) Whoever violates division (B)(1) of this section shall	2173
be fined thirty dollars.	2174

(2) Whoever violates division (B)(3) of this section shall be	2175
fined twenty dollars.	2176

(3) Except as otherwise provided in this division, whoever	2177
violates division (B)(4) of this section is guilty of a minor	2178
misdemeanor. If the offender previously has been convicted of or	2179
pleaded guilty to a violation of division (B)(4) of this section,	2180
whoever violates division (B)(4) of this section is guilty of a	2181
misdemeanor of the third degree.	2182

Section 4. That the existing version of section 4513.263 of	2183
the Revised Code that is scheduled to take effect January 1, 2004,	2184
is hereby repealed.	2185

Section 5. Sections 3 and 4 of this act take effect January	2186
1, 2004.	2187

Section 6.  Within 60 days after the effective date of this	2188
act, the Governor shall appoint the additional members of the Ohio	2189
Medical Transportation Board required by section 4766.02 of the	2190
Revised Code, as amended by this act. The terms of the first two	2191
new members shall expire July 5, 2004, and the terms of the second	2192
two new members shall expire on July 5, 2005. Thereafter, the	2193
terms of office shall be as specified in section 4766.02 of the	2194
Revised Code.	2195