REPRESENTATIVES Raussen, Raga, Wagner, McGregor, Kearns, Husted, Ujvagi, Allen, Schneider, Reinhard, Schlichter, Daniels, Barrett, Beatty, Brown, Carmichael, Chandler, Cirelli, Clancy, Collier, Domenick, Driehaus, C. Evans, Flowers, Gibbs, Harwood, Hughes, Jolivette, Miller, Niehaus, S. Patton, Perry, Price, Reidelbach, Schmidt, Seitz, Skindell, J. Stewart, Taylor, Williams, Woodard

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

10

persons who require the use of a wheelchair and

11

private air medical service organizations that

12

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

20

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 or otherwise provide any	135
fire apparatus, mechanical resuscitators, or other equipment,	136
appliances, materials, fire hydrants, and water supply for	137
fire-fighting purposes that seems advisable to the board. The	138
board shall provide for the care and maintenance of fire	139
equipment, and, for these purposes, may purchase, lease, or	140
construct and maintain necessary buildings, and it may establish	141
and maintain lines of fire-alarm communications within the limits	142
of the township. The board may employ one or more persons to	143
maintain and operate fire-fighting equipment, or it may enter into	144
an agreement with a volunteer fire company for the use and	145
operation of fire-fighting equipment. The board may compensate the	146
members of a volunteer fire company on any basis and in any amount	147
that it considers equitable.	148

(B) The boards of township trustees of any two or more	149
townships, or the legislative authorities of any two or more	150
political subdivisions, or any combination thereof, may, through	151
joint action, unite in the joint purchase, maintenance, use, and	152
operation of fire-fighting equipment, or for any other purpose	153
designated in sections 505.37 to 505.42 of the Revised Code, and	154
may prorate the expense of the joint action on any terms that are	155
mutually agreed upon.	156

(C) The board of township trustees of any township may, by	157
resolution, whenever it is expedient and necessary to guard	158
against the occurrence of fires or to protect the property and	159
lives of the citizens against damages resulting from their	160
occurrence, create a fire district of any portions of the township	161
that it considers necessary. The board may purchase or otherwise	162
provide any fire apparatus, appliances, materials, fire hydrants,	163
and water supply for fire-fighting purposes, or may contract for	164
the fire protection for the fire district as provided in section	165
9.60 of the Revised Code. The fire district so created shall be	166
given a separate name by which it shall be known.	167

Additional unincorporated territory of the township may be	168
added to a fire district upon the board's adoption of a resolution	169
authorizing the addition. A municipal corporation that is within	170
or adjoining the township may be added to a fire district upon the	171
board's adoption of a resolution authorizing the addition and the	172
municipal legislative authority's adoption of a resolution or	173
ordinance requesting the addition of the municipal corporation to	174
the fire district.	175

If the township fire district imposes a tax, additional	176
unincorporated territory of the township or a municipal	177
corporation that is within or adjoining the township shall become	178
part of the fire district only after all of the following have	179
occurred:	180

(1) Adoption by the board of township trustees of a	181
resolution approving the expansion of the territorial limits of	182
the district and, if the resolution proposes to add a municipal	183
corporation, adoption by the municipal legislative authority of a	184
resolution or ordinance requesting the addition of the municipal	185
corporation to the district;	186

(2) Adoption by the board of township trustees of a	187
resolution recommending the extension of the tax to the additional	188
territory;	189

(3) Approval of the tax by the electors of the territory	190
proposed for addition to the district.	191

Each resolution of the board adopted under division (C)(2) of	192
this section shall state the name of the fire district, a	193
description of the territory to be added, and the rate and	194
termination date of the tax, which shall be the rate and	195
termination date of the tax currently in effect in the fire	196
district.	197

The board of trustees shall certify each resolution adopted	198
under division (C)(2) of this section to the board of elections in	199
accordance with section 5705.19 of the Revised Code. The election	200
required under division (C)(3) of this section shall be held,	201
canvassed, and certified in the manner provided for the submission	202
of tax levies under section 5705.25 of the Revised Code, except	203
that the question appearing on the ballot shall read:	204

"Shall the territory within ........................	205
(description of the proposed territory to be added) be added to	206
........................ (name) fire district, and a property tax	207
at a rate of taxation not exceeding ...... (here insert tax rate)	208
be in effect for .......... (here insert the number of years the	209
tax is to be in effect or "a continuing period of time," as	210
applicable)?"	211

If the question is approved by at least a majority of the	212
electors voting on it, the joinder shall be effective as of the	213
first day of July of the year following approval, and on that	214
date, the township fire district tax shall be extended to the	215
taxable property within the territory that has been added. If the	216
territory that has been added is a municipal corporation and if it	217
had adopted a tax levy for fire purposes, the levy is terminated	218
on the effective date of the joinder.	219

Any municipal corporation may withdraw from a township fire	220
district created under division (C) of this section by the	221
adoption by the municipal legislative authority of a resolution or	222
ordinance ordering withdrawal. On the first day of July of the	223
year following the adoption of the resolution or ordinance of	224
withdrawal, the municipal corporation withdrawing ceases to be a	225
part of the district, and the power of the fire district to levy a	226
tax upon taxable property in the withdrawing municipal corporation	227
terminates, except that the fire district shall continue to levy	228
and collect taxes for the payment of indebtedness within the	229
territory of the fire district as it was composed at the time the	230
indebtedness was incurred.	231

Upon the withdrawal of any municipal corporation from a	232
township fire district created under division (C) of this section,	233
the county auditor shall ascertain, apportion, and order a	234
division of the funds on hand, moneys and taxes in the process of	235
collection except for taxes levied for the payment of	236
indebtedness, credits, and real and personal property, either in	237
money or in kind, on the basis of the valuation of the respective	238
tax duplicates of the withdrawing municipal corporation and the	239
remaining territory of the fire district.	240

A board of township trustees may remove unincorporated	241
territory of the township from the fire district upon the adoption	242
of a resolution authorizing the removal. On the first day of July	243
of the year following the adoption of the resolution, the	244
unincorporated township territory described in the resolution	245
ceases to be a part of the district, and the power of the fire	246
district to levy a tax upon taxable property in that territory	247
terminates, except that the fire district shall continue to levy	248
and collect taxes for the payment of indebtedness within the	249
territory of the fire district as it was composed at the time the	250
indebtedness was incurred.	251

(D) The board of township trustees of any township, the board	252
of fire district trustees of a fire district created under section	253
505.371 of the Revised Code, or the legislative authority of any	254
municipal corporation may purchase the necessary fire-fighting	255
equipment, buildings, and sites for the township, fire district,	256
or municipal corporation and issue securities for that purpose	257
with maximum maturities as provided in section 133.20 of the	258
Revised Code. The board of township trustees, board of fire	259
district trustees, or legislative authority may also construct any	260
buildings necessary to house fire-fighting equipment and issue	261
securities for that purpose with maximum maturities as provided in	262
section 133.20 of the Revised Code. The board of township	263
trustees, board of fire district trustees, or legislative	264
authority may issue the securities of the township, fire district,	265
or municipal corporation, signed by the board or designated	266
officer of the municipal corporation and attested by the signature	267
of the township, fire district, or municipal clerk, covering any	268
deferred payments and payable at the times provided, which	269
securities shall bear interest not to exceed the rate determined	270
as provided in section 9.95 of the Revised Code, and shall not be	271
subject to Chapter 133. of the Revised Code. The legislation	272
authorizing the issuance of the securities shall provide for	273
levying and collecting annually by taxation, amounts sufficient to	274
pay the interest on and principal of the securities. The	275
securities shall be offered for sale on the open market or given	276
to the vendor or contractor if no sale is made.	277

(E) A board of township trustees of any township or a board	278
of fire district trustees of a fire district created under section	279
505.371 of the Revised Code may purchase a policy or policies of	280
liability insurance for the officers, employees, and appointees of	281
the fire department, fire district, or joint fire district	282
governed by the board that includes personal injury liability	283
coverage as to the civil liability of those officers, employees,	284
and appointees for false arrest, detention, or imprisonment,	285
malicious prosecution, libel, slander, defamation or other	286
violation of the right of privacy, wrongful entry or eviction, or	287
other invasion of the right of private occupancy, arising out of	288
the performance of their duties.	289

When a board of township trustees cannot, by deed of gift or	290
by purchase and upon terms it considers reasonable, procure land	291
for a township fire station that is needed in order to respond in	292
reasonable time to a fire or medical emergency, the board may	293
appropriate land for that purpose under sections 163.01 to 163.22	294
of the Revised Code. If it is necessary to acquire additional	295
adjacent land for enlarging or improving the fire station, the	296
board may purchase, appropriate, or accept a deed of gift for the	297
land for these purposes.	298

(F) As used in this division, "emergency medical service	299
organization" has the same meaning as in section 4766.01 of the	300
Revised Code.	301

A board of township trustees, by adoption of an appropriate	302
resolution, may choose to have the Ohio ambulance licensing	303
medical transportation board license any emergency medical service	304
it operates. If the board adopts such a resolution, Chapter 4766.	305
of the Revised Code, except for sections 4766.06 and 4766.99 of	306
the Revised Code, applies to the organization. All rules adopted	307
under the applicable sections of that chapter also apply to the	308
organization. A board of township trustees, by adoption of an	309
appropriate resolution, may remove its emergency medical service	310
organization from the jurisdiction of the Ohio ambulance licensing	311
medical transportation board.	312

Sec. 505.375.  (A) The board of a joint ambulance district	313
created under section 505.71 of the Revised Code and the board of	314
a joint fire district created under section 505.371 of the Revised	315
Code may negotiate in accordance with this section to combine	316
their two joint districts into a single district, called a fire	317
and ambulance district, for the delivery of both fire and	318
ambulance services, if the geographic area covered by the	319
combining joint districts is exactly the same. Both boards shall	320
adopt a joint resolution ratifying the agreement and setting a	321
date on which the fire and ambulance district shall come into	322
being. On that date, the joint fire district and the joint	323
ambulance district shall cease to exist, and the power of each to	324
levy a tax upon taxable property shall terminate, except that any	325
levy of a tax for the payment of indebtedness within the territory	326
of the joint fire or joint ambulance district as it was composed	327
at the time the indebtedness was incurred shall continue to be	328
collected by the successor fire and ambulance district if the	329
indebtedness remains unpaid.	330

All funds and other property of the joint districts that	331
combined into the fire and ambulance district shall become the	332
property of the fire and ambulance district, unless otherwise	333
provided in the negotiated agreement. The agreement shall provide	334
for the settlement of all debts and obligations of the joint	335
districts.	336

(B) The governing body of the fire and ambulance district	337
shall be a board of trustees of at least three but no more than	338
nine members, appointed as provided in the agreement creating the	339
district. Members of the board of trustees may be compensated at a	340
rate not to exceed thirty dollars per meeting for not more than	341
fifteen meetings per year, and may be reimbursed for all necessary	342
expenses incurred, as provided in the agreement creating the	343
district.	344

The board shall employ a clerk and other employees as it	345
considers best, including a fire chief or fire prevention	346
officers, and shall fix their compensation. Neither this section	347
nor any other section of the Revised Code requires, or shall be	348
construed to require, that the fire chief of a fire and ambulance	349
district be a resident of the district.	350

Before entering upon the duties of office, the clerk shall	351
execute a bond, in the amount and with surety to be approved by	352
the board, payable to the state, conditioned for the faithful	353
performance of all of the clerk's official duties. The clerk shall	354
deposit the bond with the presiding officer of the board, who	355
shall file a copy of it, certified by the presiding officer, with	356
the county auditor of the county containing the most territory in	357
the district.	358

The board shall also provide for the appointment of a fiscal	359
officer for the district. The board may also enter into agreements	360
with volunteer fire companies for the use and operation of	361
fire-fighting equipment. Volunteer firefighters acting under such	362
an agreement are subject to the requirements for volunteer	363
firefighters set forth in division (A) of section 505.38 of the	364
Revised Code.	365

Employees of the district shall not be removed from office	366
except as provided by sections 733.35 to 733.39 of the Revised	367
Code, except that, to initiate removal proceedings, the board	368
shall designate a private citizen or, if the employee is employed	369
as a firefighter, the board may designate the fire chief, to	370
investigate, conduct the proceedings, and prepare the necessary	371
charges in conformity with sections 733.35 to 733.39 of the	372
Revised Code, and except that the board shall perform the	373
functions and duties specified for the municipal legislative	374
authority under those sections. The board may pay reasonable	375
compensation to any private citizen hired for services rendered in	376
the matter.	377

No person shall be appointed as a permanent full-time paid	378
member of the district whose duties include fire fighting, or be	379
appointed as a volunteer firefighter, unless that person has	380
received a certificate issued under former section 3303.07 or	381
section 4765.55 of the Revised Code evidencing satisfactory	382
completion of a firefighter training program. The board may send	383
its officers and firefighters to schools of instruction designed	384
to promote the efficiency of firefighters and, if authorized in	385
advance, may pay their necessary expenses from the funds used for	386
the maintenance and operation of the district.	387

The board may choose, by adoption of an appropriate	388
resolution, to have the Ohio ambulance licensingmedical	389
transportation board license any emergency medical service	390
organization it operates. If the board adopts such a resolution,	391
Chapter 4766. of the Revised Code, except for sections 4766.06 and	392
4766.99 of the Revised Code, applies to the organization. All	393
rules adopted under the applicable sections of that chapter also	394
apply to the organization. The board may likewise, by resolution,	395
remove its emergency medical service organization from the	396
jurisdiction of the Ohio ambulance licensingmedical	397
transportation board.	398

(C) The board may exercise the following powers:

399

(1) Purchase or otherwise provide any fire apparatus,	400
mechanical resuscitators, or other fire or ambulance equipment,	401
appliances, or materials; fire hydrants; and water supply for	402
fire-fighting purposes that seems advisable to the board;	403

(2) Provide for the care and maintenance of equipment and,	404
for that purpose, purchase, lease, or construct and maintain	405
necessary buildings;	406

(3) Establish and maintain lines of fire-alarm communications	407
within the limits of the district;	408

(4) Appropriate land for a fire station or medical emergency	409
unit needed in order to respond in reasonable time to a fire or	410
medical emergency, in accordance with Chapter 163. of the Revised	411
Code;	412

(5) Purchase, appropriate, or accept a deed or gift of land	413
to enlarge or improve a fire station or medical emergency unit;	414

(6) Purchase, lease, maintain, and use all materials,	415
equipment, vehicles, buildings, and land necessary to perform its	416
duties;	417

(7) Contract for a period not to exceed three years with one	418
or more townships, municipal corporations, counties, joint fire	419
districts, governmental agencies, nonprofit corporations, or	420
private ambulance owners located either within or outside the	421
state, to furnish or receive ambulance services or emergency	422
medical services within the several territories of the contracting	423
parties, if the contract is first authorized by all boards of	424
trustees and legislative authorities concerned;	425

(8) Establish reasonable charges for the use of ambulance or	426
emergency medical services under the same conditions under which a	427
board of fire district trustees may establish those charges under	428
section 505.371 of the Revised Code;	429

(9) Establish all necessary rules to guard against the	430
occurrence of fires and to protect property and lives against	431
damage and accidents;	432

(10) Adopt a standard code pertaining to fire, fire hazards,	433
and fire prevention prepared and promulgated by the state or by a	434
public or private organization that publishes a model or standard	435
code;	436

(11) Provide for charges for false alarms at commercial	437
establishments in the same manner as joint fire districts are	438
authorized to do under section 505.391 of the Revised Code;	439

(12) Issue bonds and other evidences of indebtedness, subject	440
to Chapter 133. of the Revised Code, but only after approval by a	441
vote of the electors of the district as provided by section 133.18	442
of the Revised Code;	443

(13) To provide the services and equipment it considers	444
necessary, levy a sufficient tax, subject to Chapter 5705. of the	445
Revised Code, on all the taxable property in the district.	446

(D) Any municipal corporation or township may join an	447
existing fire and ambulance district by its legislative	448
authority's adoption of a resolution requesting the membership and	449
upon approval of the board of the district. Any municipal	450
corporation or township may withdraw from a district by its	451
legislative authority's adoption of a resolution ordering	452
withdrawal. Upon its withdrawal, the municipal corporation or	453
township ceases to be a part of the district, and the district's	454
power to levy a tax on taxable property in the withdrawing	455
township or municipal corporation terminates, except that the	456
district shall continue to levy and collect taxes for the payment	457
of indebtedness within the territory of the district as it was	458
composed at the time the indebtedness was incurred.	459

Upon the withdrawal of any township or municipal corporation	460
from a district, the county auditor of the county containing the	461
most territory in the district shall ascertain, apportion, and	462
order a division of the funds on hand, including funds in the	463
ambulance and emergency medical services fund, moneys and taxes in	464
the process of collection, except for taxes levied for the payment	465
of indebtedness, credits, and real and personal property on the	466
basis of the valuation of the respective tax duplicates of the	467
withdrawing municipal corporation or township and the remaining	468
territory of the district.	469

(E) As used in this section:

470

(1) "Governmental agency" includes all departments, boards,	471
offices, commissions, agencies, colleges, universities,	472
institutions, and other instrumentalities of this or another	473
state.	474

(2) "Emergency medical service organization" has the same	475
meaning as in section 4766.01 of the Revised Code.	476

Sec. 505.72.  (A) The board of trustees of a joint ambulance	477
district shall provide for the employment of such employees as it	478
considers best, and shall fix their compensation. Such employees	479
shall continue in office until removed as provided by sections	480
733.35 to 733.39 of the Revised Code. To initiate removal	481
proceedings, and for such purpose, the board shall designate a	482
private citizen to investigate the conduct and prepare the	483
necessary charges in conformity with sections 733.35 to 733.39 of	484
the Revised Code. The board may pay reasonable compensation to	485
such person for the person's services.	486

In case of the removal of an employee of the district, an	487
appeal may be had from the decision of the board to the court of	488
common pleas of the county in which such district, or part of it,	489
is situated, to determine the sufficiency of the cause of removal.	490
Such appeal from the findings of the board shall be taken within	491
ten days.	492

(B) As used in this division, "emergency medical service	493
organization" has the same meaning as in section 4765.01 of the	494
Revised Code.	495

(1) In order to obtain the services of ambulance service	496
organizations, to obtain additional services from ambulance	497
service organizations in times of emergency, or to obtain the	498
services of emergency medical service organizations, a district	499
may enter into a contract, for a period not to exceed three years,	500
with one or more townships, municipal corporations, joint fire	501
districts, nonprofit corporations, any other governmental unit	502
that provides ambulance services or emergency medical services, or	503
with private ambulance owners, regardless of whether such	504
townships, municipal corporations, joint fire districts, nonprofit	505
corporations, governmental unit, or private ambulance owners are	506
located within or without this state, upon such terms as are	507
agreed to, to furnish or receive services from ambulance or	508
emergency medical service organizations or the interchange of	509
services from ambulance or emergency medical service organizations	510
within the several territories of the contracting subdivisions, if	511
such contract is first authorized by all boards of trustees and	512
legislative authorities concerned.	513

The contract may provide for a fixed annual charge to be paid	514
at the times agreed upon and stipulated in the contract, or for	515
compensation based upon a stipulated price for each run, call, or	516
emergency, or the elapsed time of service required in such run,	517
call, or emergency, or any combination thereof.	518

(2) Expenditures of a district for the services of ambulance	519
service organizations or emergency medical service organizations,	520
whether pursuant to contract or otherwise, are lawful	521
expenditures, regardless of whether the district or the party with	522
which it contracts charges additional fees to users of the	523
services.	524

(3) A district's board of trustees, by adoption of an	525
appropriate resolution, may choose to have the Ohio ambulance	526
licensingmedical transportation board license any emergency	527
medical service organization the district operates. If a board	528
adopts such a resolution, Chapter 4766. of the Revised Code,	529
except for sections 4766.06 and 4766.99 of the Revised Code,	530
applies to the district emergency medical service organization.	531
All rules adopted under the applicable sections of that chapter	532
also apply to the organization. A board, by adoption of an	533
appropriate resolution, may remove the district emergency medical	534
service organization from the jurisdiction of the Ohio ambulance	535
licensingmedical transportation board.	536

(C) Ambulance services or emergency medical services rendered	537
for a joint ambulance district under this section and section	538
505.71 of the Revised Code shall be deemed services of the	539
district. These sections do not authorize suits against a district	540
or any township or municipal corporation providing or receiving,	541
or contracting to provide or receive, such services under these	542
sections for damages for injury or loss to persons or property or	543
for wrongful death caused by persons providing such services.	544

Sec. 4503.49.  (A) As used in this section, "ambulance,"	545
"ambulette," "emergency medical service organization,"	546
"nonemergency medical service organization," and "nontransport	547
vehicle" have the same meanings as in section 4766.01 of the	548
Revised Code.	549

(B) Each private emergency medical service organization and	550
each private nonemergency medical service organization shall apply	551
to the registrar of motor vehicles for the registration of any	552
ambulance, ambulette, or nontransport vehicle it owns or leases.	553
The application shall be accompanied by a copy of the certificate	554
of licensure issued to the organization by the Ohio ambulance	555
licensingmedical transportation board and the following fees:	556

(1) The regular license tax as prescribed under section	557
4503.04 of the Revised Code;	558

(2) Any local license tax levied under Chapter 4504. of the	559
Revised Code;	560

(3) An additional fee of seven dollars and fifty cents. The	561
additional fee shall be for the purpose of compensating the bureau	562
of motor vehicles for additional services required to be performed	563
under this section and shall be transmitted by the registrar to	564
the treasurer of state for deposit in the state bureau of motor	565
vehicles fund created by section 4501.25 of the Revised Code.	566

(C) On receipt of a complete application, the registrar shall	567
issue to the applicant the appropriate certificate of registration	568
for the vehicle and do one of the following:	569

(1) Issue a set of license plates with a validation sticker	570
and a set of stickers to be attached to the plates as an	571
identification of the vehicle's classification as an ambulance,	572
ambulette, or nontransport vehicle;	573

(2) Issue a validation sticker alone when so required by	574
section 4503.191 of the Revised Code.	575

Sec. 4513.263.  (A) As used in this section and in section	576
4513.99 of the Revised Code:	577

(1) "Automobile" means any commercial tractor, passenger car,	578
commercial car, or truck that is required to be factory-equipped	579
with an occupant restraining device for the operator or any	580
passenger by regulations adopted by the United States secretary of	581
transportation pursuant to the "National Traffic and Motor Vehicle	582
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	583

(2) "Occupant restraining device" means a seat safety belt,	584
shoulder belt, harness, or other safety device for restraining a	585
person who is an operator of or passenger in an automobile and	586
that satisfies the minimum federal vehicle safety standards	587
established by the United States department of transportation.	588

(3) "Passenger" means any person in an automobile, other than	589
its operator, who is occupying a seating position for which an	590
occupant restraining device is provided.	591

(4) "Commercial tractor," "passenger car," and "commercial	592
car" have the same meanings as in section 4501.01 of the Revised	593
Code.	594

(5) "Vehicle" and "motor vehicle," as used in the definitions	595
of the terms set forth in division (A)(4) of this section, have	596
the same meanings as in section 4511.01 of the Revised Code.	597

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

598

(1) Operate an automobile on any street or highway unless	599
that person is wearing all of the available elements of a properly	600
adjusted occupant restraining device, or operate a school bus that	601
has an occupant restraining device installed for use in its	602
operator's seat unless that person is wearing all of the available	603
elements of the device, as properly adjusted;	604

(2) Operate an automobile on any street or highway unless	605
each passenger in the automobile who is subject to the requirement	606
set forth in division (B)(3) of this section is wearing all of the	607
available elements of a properly adjusted occupant restraining	608
device;	609

(3) Occupy, as a passenger, a seating position on the front	610
seat of an automobile being operated on any street or highway	611
unless that person is wearing all of the available elements of a	612
properly adjusted occupant restraining device;	613

(4) Operate a taxicab on any street or highway unless all	614
factory-equipped occupant restraining devices in the taxicab are	615
maintained in usable form.	616

(C) Division (B)(3) of this section does not apply to a	617
person who is required by section 4511.81 of the Revised Code to	618
be secured in a child restraint device. Division (B)(1) of this	619
section does not apply to a person who is an employee of the	620
United States postal service or of a newspaper home delivery	621
service, during any period in which the person is engaged in the	622
operation of an automobile to deliver mail or newspapers to	623
addressees. Divisions (B)(1) and (3) of this section do not apply	624
to a person who has an affidavit signed by a physician licensed to	625
practice in this state under Chapter 4731. of the Revised Code or	626
a chiropractor licensed to practice in this state under Chapter	627
4734. of the Revised Code that states that the person has a	628
physical impairment that makes use of an occupant restraining	629
device impossible or impractical.	630

(D) Notwithstanding any provision of law to the contrary, no	631
law enforcement officer shall cause an operator of an automobile	632
being operated on any street or highway to stop the automobile for	633
the sole purpose of determining whether a violation of division	634
(B) of this section has been or is being committed or for the sole	635
purpose of issuing a ticket, citation, or summons for a violation	636
of that nature or causing the arrest of or commencing a	637
prosecution of a person for a violation of that nature, and no law	638
enforcement officer shall view the interior or visually inspect	639
any automobile being operated on any street or highway for the	640
sole purpose of determining whether a violation of that nature has	641
been or is being committed.	642

(E) All fines collected for violations of division (B) of	643
this section, or for violations of any ordinance or resolution of	644
a political subdivision that is substantively comparable to that	645
division, shall be forwarded to the treasurer of state for deposit	646
as follows:	647

(1) Eight per cent shall be deposited into the seat belt	648
education fund, which is hereby created in the state treasury, and	649
shall be used by the department of public safety to establish a	650
seat belt education program.	651

(2) Eight per cent shall be deposited into the elementary	652
school program fund, which is hereby created in the state	653
treasury, and shall be used by the department of public safety to	654
establish and administer elementary school programs that encourage	655
seat safety belt use.	656

(3) Two per cent shall be deposited into the Ohio ambulance	657
licensingmedical transportation trust fund created by section	658
4766.05 of the Revised Code.	659

(4) Twenty-eight per cent shall be deposited into the trauma	660
and emergency medical services fund, which is hereby created in	661
the state treasury, and shall be used by the department of public	662
safety for the administration of the division of emergency medical	663
services and the state board of emergency medical services.	664

(5) Fifty-four per cent shall be deposited into the trauma	665
and emergency medical services grants fund, which is hereby	666
created in the state treasury, and shall be used by the state	667
board of emergency medical services to make grants, in accordance	668
with section 4765.07 of the Revised Code and rules the board	669
adopts under section 4765.11 of the Revised Code.	670

(F)(1) Subject to division (F)(2) of this section, the	671
failure of a person to wear all of the available elements of a	672
properly adjusted occupant restraining device or to ensure that	673
each passenger of an automobile being operated by the person is	674
wearing all of the available elements of such a device, in	675
violation of division (B) of this section, shall not be considered	676
or used as evidence of negligence or contributory negligence,	677
shall not diminish recovery for damages in any civil action	678
involving the person arising from the ownership, maintenance, or	679
operation of an automobile; shall not be used as a basis for a	680
criminal prosecution of the person other than a prosecution for a	681
violation of this section; and shall not be admissible as evidence	682
in any civil or criminal action involving the person other than a	683
prosecution for a violation of this section.	684

(2) If, at the time of an accident involving a passenger car	685
equipped with occupant restraining devices, any occupant of the	686
passenger car who sustained injury or death was not wearing an	687
available occupant restraining device, was not wearing all of the	688
available elements of such a device, or was not wearing such a	689
device as properly adjusted, then, consistent with the Rules of	690
Evidence, the fact that the occupant was not wearing the available	691
occupant restraining device, was not wearing all of the available	692
elements of such a device, or was not wearing such a device as	693
properly adjusted is admissible in evidence in relation to any	694
claim for relief in a tort action to the extent that the claim for	695
relief satisfies all of the following:	696

(a) It seeks to recover damages for injury or death to the	697
occupant.	698

(b) The defendant in question is the manufacturer, designer,	699
distributor, or seller of the passenger car.	700

(c) The claim for relief against the defendant in question is	701
that the injury or death sustained by the occupant was enhanced or	702
aggravated by some design defect in the passenger car or that the	703
passenger car was not crashworthy.	704

(3) As used in division (F)(2) of this section, "tort action"	705
means a civil action for damages for injury, death, or loss to	706
person or property. "Tort action" includes a product liability	707
claim that is subject to sections 2307.71 to 2307.80 of the	708
Revised Code, but does not include a civil action for damages for	709
a breach of a contract or another agreement between persons.	710

Sec. 4766.01.  As used in this chapter:

711

(A) "Advanced life support" means treatment described in	712
section 4765.39 of the Revised Code that a paramedic is certified	713
to perform.	714

(B) "Air medical service organization" means a person that	715
provides air medical transportation to the public.	716

(C) "Air medical transportation" is the use of a rotorcraft	717
air ambulance or fixed wing air ambulance to provide	718
transportation and advanced life support to seriously ill,	719
injured, wounded, or otherwise incapacitated or helpless	720
individuals who require use of a stretcher from airport to airport	721
or from an emergency scene to a hospital or other medical care	722
setting.	723

(D) "Ambulance" means any motor vehicle that is specifically	724
designed, constructed, or modified and equipped and is intended to	725
be used for theto provide basic life support, intermediate life	726
support, advanced life support, or mobile intensive care unit	727
services and transportation upon the streets or highways of this	728
state of persons who are seriously ill, injured, wounded, or	729
otherwise incapacitated or helpless. "Ambulance" does not include	730
air medical transportation or a vehicle designed and used solely	731
for the transportation of nonstretcher-bound persons, whether	732
hospitalized or handicapped or whether ambulatory or confined to a	733
wheelchair.	734

(C)(E) "Ambulette" means a motor vehicle that is specifically	735
designed, constructed, or modified and equipped and is intended to	736
be used for transportation upon the streets or highways of this	737
state of persons who require use of a wheelchair.	738

(F) "Basic life support" means treatment described in section	739
4765.37 of the Revised Code that an EMT-basic is certified to	740
perform.	741

(D)(G) "Disaster situation" means any condition or situation	742
described by rule of the Ohio ambulance licensingmedical	743
transportation board as a mass casualty, major emergency, natural	744
disaster, or national emergency.	745

(E)(H) "Emergency medical service organization" means an	746
organization that uses EMTs-basic, EMTs-I, or paramedics, or a	747
combination thereof, to provide medical care to victims of illness	748
or injury. An emergency medical service organization includes, but	749
is not limited to, a commercial ambulance service organization, a	750
hospital, and a funeral home.	751

(F)(I) "EMT-basic," "EMT-I," and "paramedic" have the same	752
meanings as in section 4765.01 of the Revised Code.	753

(G)(J) "Fixed wing air ambulance" means a fixed wing aircraft	754
operated as a means of air medical transportation.	755

(K) "Intermediate life support" means treatment described in	756
section 4765.38 of the Revised Code that an EMT-I is certified to	757
perform.	758

(H)(L) "Major emergency" means any emergency event that	759
cannot be resolved through the use of locally available emergency	760
resources.	761

(I)(M) "Mass casualty" means an emergency event that results	762
in ten or more persons being injured, incapacitated, made ill, or	763
killed.	764

(J)(N) "Medical emergency" means an unforeseen event	765
affecting an individual in such a manner that a need for immediate	766
care is created.	767

(O)(1) "Nonemergency medical service organization" means a	768
person that does both of the following:	769

(a) Provides services to the public on a regular basis for	770
the purpose of transporting individuals who require the use of a	771
wheelchair or are confined to a wheelchair to receive health care	772
services at health care facilities or health care practitioners'	773
offices in nonemergency circumstances;	774

(b) Provides the services for a fee, regardless of whether	775
the fee is paid by the person being transported, a third party	776
payer, as defined in section 3702.51 of the Revised Code, or any	777
other person or government entity.	778

(2) "Nonemergency medical service organization" does not	779
include a health care facility, as defined in section 1751.01 of	780
the Revised Code, that provides ambulette services only to	781
patients of that facility.	782

(K)(P) "Mobile intensive care unit" means an ambulance used	783
only for maintaining specialized or intensive care treatment and	784
used primarily for interhospital transports of patients whose	785
conditions require care beyond the scope of a paramedic as	786
provided in section 4765.39 of the Revised Code.	787

(L)(Q) "Nontransport vehicle" means a motor vehicle operated	788
by a licensed emergency medical service organization not as an	789
ambulance, but as a vehicle for providing services in conjunction	790
with the ambulances operated by the organization or other	791
emergency medical service organizations.	792

(M)(R) "Patient" means any individual who as a result of	793
illness or injury needs medical attention, whose physical or	794
mental condition is such that there is imminent danger of loss of	795
life or significant health impairment, or who may be otherwise	796
incapacitated or helpless as a result of a physical or mental	797
condition, or whose physical condition requires the use of a	798
wheelchair.	799

(S) "Rotorcraft air ambulance" means a helicopter or other	800
aircraft capable of vertical takeoffs, vertical landings, and	801
hovering.	802

Sec. 4766.02.  (A) There is hereby created the Ohio ambulance	803
licensingmedical transportation board, consisting of fivenine	804
voting members and one nonvoting member who shall be residents of	805
this state and appointed by the governor with the advice and	806
consent of the senate. Except as provided in division (B) of this	807
section, members shall serve terms of two years. One voting member	808
shall be a member of the Ohio ambulance association; two voting	809
members, one of whom shall be a licensed funeral director, shall	810
be owners or operators of private emergency medical service	811
organizations operating in this state; one voting member shall be	812
a consumer of emergency medical services who is not associated	813
with any public or private emergency medical service organization;	814
and one voting member shall be an official with a public emergency	815
medical service organization; two voting members shall be owners	816
or operators of nonemergency medical service organizations that	817
provide ambulette services only, and two voting members shall be	818
members of the Ohio association of critical care transport, one	819
member representing air-based services and the other representing	820
a ground-based mobile intensive care unit organization. A	821
physician who holds a certificate to practice issued under Chapter	822
4731. of the Revised Code who is a member of the American college	823
of emergency physicians shall serve as the nonvoting member. The	824
board shall annually select from its membership a chair and a	825
vice-chair to act as chair in the chair's absence.	826

(B) Of the members initially appointed, three shall be	827
appointed for terms of one year and three for terms of two years.	828
Any member appointed to fill a vacancy occurring prior to the	829
expiration date of the term for which the member's predecessor was	830
appointed shall hold office for the remainder of that term. Every	831
member shall continue in office subsequent to the expiration date	832
of the member's term until the member's successor takes office, or	833
until a period of sixty days has elapsed, whichever occurs first.	834

(C) Three votingFive members shall constitute a quorum for	835
the transaction of business, and the affirmative vote of three	836
five members is required for the board to take any official	837
action. The board, after notice and hearing, may remove a member	838
by majority vote for malfeasance, misfeasance, or nonfeasance.	839

Members of the board shall be reimbursed for actual and	840
necessary expenses incurred in attending meetings of the board and	841
in the performance of their official duties. The board may hire	842
such employees as are necessary to enable it to execute its	843
duties.	844

(D) The division of emergency medical services within the	845
department of public safety shall provide the board with office	846
space, but the board shall not be a part of the division or the	847
department.	848

(E) The board is the sole supervisory body regarding the	849
licensing of private ambulance service organizations in this	850
state.	851

(F) The board is the sole supervisory body regarding the	852
licensing of private nonemergency medical service organizations in	853
this state.	854

(G) The board is the sole supervisory body regarding the	855
licensing of private air medical service organizations in this	856
state.	857

Sec. 4766.03.  (A) The Ohio ambulance licensingmedical	858
transportation board shall adopt rules, in accordance with Chapter	859
119. of the Revised Code, implementing the requirements of this	860
chapter. The rules shall include provisions relating to the	861
following:	862

(1) Requirements for an emergency medical service	863
organization to receive a permit for an ambulance or nontransport	864
vehicle;	865

(2) Requirements for an emergency medical service	866
organization to receive a license as a basic life-support,	867
intermediate life-support, or advanced life-support, or mobile	868
intensive care unit organization;	869

(3) Requirements for a nonemergency medical service	870
organization to receive a permit for an ambulette vehicle;	871

(4) Requirements for a nonemergency medical service	872
organization to receive a license for an ambulette service;	873

(5) Requirements for an air medical service organization to	874
receive a permit for a rotorcraft air ambulance or fixed wing air	875
ambulance;	876

(6) Requirements for licensure of air medical service	877
organizations;	878

(7) Forms for applications and renewals of licenses and	879
permits;	880

(4)(8) Requirements for record keeping of service responses	881
made by licensed emergency medical service organizations;	882

(5)(9) Fee amounts for licenses and permits, and renewals	883
thereof;	884

(6)(10) Inspection requirements for licensees' vehicles or	885
aircraft, records, and physical facilities;	886

(7)(11) Fee amounts for inspections of ambulances,	887
ambulettes, rotorcraft air ambulances, fixed wing air ambulances,	888
and nontransport vehicles;	889

(8)(12) Requirements for ambulances and nontransport vehicles	890
used by licensed emergency medical service organizations, for	891
ambulette vehicles used by licensed nonemergency medical service	892
organizations, and for rotorcraft air ambulances or fixed wing air	893
ambulances used by licensed air medical service organizations that	894
specify for each type of vehicle or aircraft the types of	895
equipment that must be carried, the communication systems that	896
must be maintained, and the personnel who must staff the vehicle	897
or aircraft;	898

(9)(13) The level of care each type of emergency medical	899
service organization, nonemergency medical service organization,	900
and air medical service organization is authorized to provide;	901

(10)(14) Eligibility requirements for employment as an	902
ambulette driver, including grounds for disqualification due to	903
the results of a motor vehicle law violation check, chemical test,	904
or criminal records check. The rule may require that an applicant	905
for employment as an ambulette driver provide a set of	906
fingerprints to law enforcement authorities if the applicant comes	907
under final consideration for employment.	908

(15) Any other rules that the board determines necessary for	909
the implementation and enforcement of this chapter.	910

(B) In the rules for ambulances and nontransport vehicles	911
adopted under division (A)(8)(12) of this section, the board may	912
establish requirements that vary according to whether the	913
emergency medical service organization using the vehicles is	914
licensed as a basic life-support, intermediate life-support, or	915
advanced life-support, or mobile intensive care unit organization.	916

(C) A mobile intensive care unit that is not dually certified	917
to provide advanced life-support and meets the requirements of the	918
rules adopted under this section is not required to carry	919
immobilization equipment, including board splint kits, traction	920
splints, backboards, backboard straps, cervical immobilization	921
devices, cervical collars, stairchairs, folding cots, or other	922
types of immobilization equipment determined by the board to be	923
unnecessary for mobile intensive care units.	924

A mobile intensive care unit is exempt from the emergency	925
medical technician staffing requirements of division (B) of	926
section 4765.43 of the Revised Code when it is staffed by at least	927
one physician or registered nurse and another person, designated	928
by a physician, who holds a valid license or certificate to	929
practice in a health care profession, and when at least one of the	930
persons staffing the mobile intensive care unit is a registered	931
nurse whose training meets or exceeds the training required for a	932
paramedic.	933

Sec. 4766.04.  (A) Except as otherwise provided in this	934
chapter, no person shall furnish, operate, conduct, maintain,	935
advertise, engage in, or propose or profess to engage in the	936
business or service in this state of transporting persons who are	937
seriously ill, injured, or otherwise incapacitated in this state	938
or who require the use of a wheelchair or are confined to a	939
wheelchair unless the person is licensed pursuant to this section.	940

(B) To qualify for a license as a basic life-support,	941
intermediate life-support, or advanced life-support service, or	942
mobile intensive care unit organization, an emergency medical	943
service organization shall do all of the following:	944

(1) Apply for a permit for each ambulance and nontransport	945
vehicle owned or leased as provided in section 4766.07 of the	946
Revised Code;	947

(2) Meet all requirements established in rules adopted by the	948
Ohio ambulance licensingmedical transportation board regarding	949
ambulances and nontransport vehicles, including requirements	950
pertaining to equipment, communications systems, staffing, and	951
level of care the particular organization is permitted to render;	952

(3) Maintain the appropriate type and amount of insurance or	953
self-insurance as specified in section 4766.06 of the Revised	954
Code;	955

(4) Meet all other requirements established under rules	956
adopted by the board for the particular license.	957

(C) To applyqualify for a license to provide ambulette	958
service, a nonemergency medical service organization shall do all	959
of the following:	960

(1) Apply for a permit for each ambulette owned or leased as	961
provided in section 4766.07 of the Revised Code;	962

(2) Meet all requirements established in rules adopted by the	963
Ohio medical transportation board regarding ambulettes, including	964
requirements pertaining to equipment, communication systems,	965
staffing, and level of care the organization is permitted to	966
render;	967

(3) Maintain the appropriate type and amount of insurance as	968
specified in section 4766.06 of the Revised Code;	969

(4) Meet all other requirements established under rules	970
adopted by the board for the license.	971

(D) To qualify for a license to provide air medical	972
transportation, an air medical service organization shall do all	973
of the following:	974

(1) Apply for a permit for each rotorcraft air ambulance and	975
fixed wing air ambulance owned or leased as provided in section	976
4766.07 of the Revised Code;	977

(2) Meet all requirements established in rules adopted by the	978
Ohio medical transportation board regarding rotorcraft air	979
ambulances and fixed air ambulances, including requirements	980
pertaining to equipment, communication systems, staffing, and	981
level of care the organization is permitted to render;	982

(3) Maintain the appropriate type and amount of insurance as	983
specified in section 4766.06 of the Revised Code;	984

(4) Meet all other requirements established under rules	985
adopted by the board for the license.	986

(E) An emergency medical service organization that applies	987
for a license as a basic life-support, intermediate life-support,	988
or advanced life-support service, or mobile intensive care unit	989
organization, an emergency medical service organization; a	990
nonemergency medical service organization that applies for a	991
license to provide ambulette service; or an air medical service	992
organization that applies for a license to provide air medical	993
transportation shall submit a completed application to the board,	994
on a form provided by the board for each particular license,	995
together with the appropriate fees established under section	996
4766.05 of the Revised Code. The application form shall include	997
all of the following:	998

(1) The name and business address of the operator of the	999
organization for which licensure is sought;	1000

(2) The name under which the applicant will operate the	1001
organization;	1002

(3) A list of the names and addresses of all officers and	1003
directors of the organization;	1004

(4) AFor emergency medical service organizations and	1005
nonemergency medical service organizations, a description of each	1006
vehicle to be used, including the make, model, year of	1007
manufacture, mileage, vehicle identification number, and the color	1008
scheme, insignia, name, monogram, or other distinguishing	1009
characteristics to be used to designate the applicant's vehicle;	1010

(5) For air medical service organizations using fixed wing	1011
air ambulances, a description of each aircraft to be used,	1012
including the make, model, year of manufacture, and aircraft Hobbs	1013
meter hour reading;	1014

(6) For air medical service organizations using rotorcraft	1015
air ambulances, a description of each aircraft to be used,	1016
including the make, model, year of manufacture, aircraft Hobbs	1017
meter hour reading, aircraft identification number, and the color	1018
scheme, insignia, name, monogram, or other distinguishing	1019
characteristics to be used to designate the applicant's rotorcraft	1020
air ambulance;	1021

(7) The location and description of each place from which the	1022
organization will operate;	1023

(6)(8) A description of the geographic area to be served by	1024
the applicant;	1025

(7)(9) Any other information the board, by rule, determines	1026
necessary.	1027

(D)(F) Within sixty days after receiving a completed	1028
application for licensure as a basic life-support, intermediate	1029
life-support, or advanced life-support service, or mobile	1030
intensive care unit organization; an ambulette service; or an air	1031
medical service organization, the board shall approve or deny the	1032
application. The board shall deny an application if it determines	1033
that the applicant does not meet the requirements of this chapter	1034
or any rules adopted under it. The board shall send notice of the	1035
denial of an application by certified mail to the applicant. The	1036
applicant may request a hearing within ten days after receipt of	1037
the notice. If the board receives a timely request, it shall hold	1038
a hearing in accordance with Chapter 119. of the Revised Code.	1039

(E)(G) If an applicant or licensee operates or plans to	1040
operate an organization in more than one location under the same	1041
or different identities, the applicant or licensee shall apply for	1042
and meet all requirements for licensure or renewal of a license,	1043
other than payment of a license fee or renewal fee, for operating	1044
the organization at each separate location. An applicant or	1045
licensee that operates or plans to operate under the same	1046
organization identity in separate locations shall pay only a	1047
single license fee.	1048

(F)(H) An emergency medical service organization that wishes	1049
to provide ambulette services to the public must apply for a	1050
separate license under division (C) of this section.	1051

(I) Each license issued under this section and each permit	1052
issued under section 4766.07 of the Revised Code expires one year	1053
after the date of issuance and may be renewed in accordance with	1054
the standard renewal procedures of Chapter 4745. of the Revised	1055
Code, except that a license or permit issued in 1998 or in 1999	1056
prior to the effective date of this amendmentJune 30, 1999, shall	1057
expire two years after the date of issuance. An application for	1058
renewal shall include the license or permit renewal fee	1059
established under section 4766.05 of the Revised Code. An	1060
applicant for renewal of a permit also shall submit to the board	1061
proof of an annual inspection of the vehicle or aircraft for which	1062
permit renewal is sought. The board shall renew a license if the	1063
applicant meets the requirements for licensure and shall renew a	1064
permit if the applicant and vehicle or aircraft meet the	1065
requirements to maintain a permit for that vehicle or aircraft.	1066

(G)(J) Each licensee shall maintain accurate records of all	1067
service responses conducted. The records shall be maintained on	1068
forms prescribed by the board and shall contain information as	1069
specified by rule by the board.	1070

Sec. 4766.05.  (A) The Ohio ambulance licensingmedical	1071
transportation board shall establish by rule a license fee, a	1072
permit fee for each ambulance, ambulette, rotorcraft air	1073
ambulance, fixed wing air ambulance, and nontransport vehicle	1074
owned or leased by the licensee that is or will be used as	1075
provided in section 4766.07 of the Revised Code, and fees for	1076
renewals of licenses and permits, taking into consideration the	1077
actual costs incurred by the board in carrying out its duties	1078
under this chapter. However, the fee for each license and each	1079
renewal of a license shall not exceed one hundred dollars, and the	1080
fee for each permit and each renewal of a permit shall not exceed	1081
one hundred dollars for each ambulance, rotorcraft air ambulance,	1082
fixed wing air ambulance, and nontransport vehicle. The fee for	1083
each permit and each renewal of a permit shall be twenty-five	1084
dollars for each ambulette for one year after the effective date	1085
of this amendment. Thereafter, the board shall determine by rule	1086
the fee, which shall not exceed fifty dollars, for each permit and	1087
each renewal of a permit for each ambulette. For purposes of	1088
establishing fees, "actual costs" includes the costs of salaries,	1089
expenses, inspection equipment, supervision, and program	1090
administration.	1091

(B) The board shall deposit all fees and other moneys	1092
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	1093
the Revised Code in the state treasury to the credit of the	1094
ambulance licensingOhio medical transportation trust fund, which	1095
is hereby created. All moneys from the fund shall be used solely	1096
for the salaries and expenses of the board incurred in	1097
implementing and enforcing this chapter.	1098

(C) The board, subject to the approval of the controlling	1099
board, may establish fees in excess of the maximum amounts allowed	1100
under division (A) of this section, but such fees shall not exceed	1101
those maximum amounts by more than fifty per cent.	1102

Sec. 4766.06.  (A)(1) Every emergency medical service	1103
organization and nonemergency medical service organization	1104
licensee under this chapter shall furnish adequate evidence of	1105
liability insurance coverage, in an amount of not less than five	1106
hundred thousand dollars per occurrence and not less than five	1107
hundred thousand dollars in the aggregate, for any cause for which	1108
the licensee would be liable.	1109

(2) In lieu of insurance coverage as provided in division	1110
(A)(1) of this section, a licensee may furnish a certificate of	1111
self-insurance evidencing that he has established a self-insurance	1112
plan approved by the superintendent of insurance that is	1113
equivalent to or greater than the insurance coverage required in	1114
division (A)(1) of this sectionEvery air medical service	1115
organization licensee under this chapter shall furnish adequate	1116
evidence of liability insurance coverage, in an amount not less	1117
than twenty million dollars per occurrence and not less than	1118
twenty million dollars in the aggregate, for any cause for which	1119
the licensee would be liable.	1120

(B)(1) In addition to the insurance requirements of division	1121
(A) of this section, every licensee shall carry bodily injury and	1122
property damage insurance with solvent and responsible insurers	1123
licensed to do business in this state for any loss or damage	1124
resulting from any occurrence arising out of or caused by the	1125
operation or use of any ambulance, ambulette, rotorcraft air	1126
ambulance, fixed wing air ambulance, or nontransport vehicle. The	1127
insurance shall insure each vehicle for the sum of not less than	1128
one hundred thousand dollars for bodily injury to or death of any	1129
one person arising out of any one accident and the sum of not less	1130
than three hundred thousand dollars for bodily injury to or death	1131
of more than one person in any one accident and for the sum of	1132
fifty thousand dollars for damage to property arising from any one	1133
accident.	1134

(2) In lieu of the insurance coverage as provided in division	1135
(B)(1) of this section, a licensee may furnish a certificate of	1136
self-insurance evidencing that he has established a self-insurance	1137
plan approved by the superintendent that provides the same or more	1138
comprehensive coverage than required in division (B)(1) of this	1139
section.	1140

(C) Each policy or contract of insurance issued shall provide	1141
for the payment and satisfaction of any financial judgment entered	1142
against the licensee and any person operating the vehicle and for	1143
a thirty-day cancellation notice to the board.	1144

Sec. 4766.07.  (A) Each emergency medical service	1145
organization, nonemergency medical service organization, and air	1146
medical service organization subject to licensure under this	1147
chapter shall possess a valid permit for each ambulance,	1148
ambulette, rotorcraft air ambulance, fixed wing air ambulance, and	1149
nontransport vehicle it owns or leases that is or will be used by	1150
the licensee to perform the services permitted by the license.	1151
Each licensee and license applicant shall submit the appropriate	1152
fee and an application for a permit for each ambulance, ambulette,	1153
rotorcraft air ambulance, fixed wing air ambulance, and	1154
nontransport vehicle to the Ohio ambulance licensingmedical	1155
transportation board on forms provided by the board. The	1156
application shall include documentation that the vehicle or	1157
aircraft meets the appropriate standards set by the board, that	1158
the vehicle or aircraft has been inspected pursuant to division	1159
(C) of this section, that the permit applicant maintains insurance	1160
or self-insurance as provided in section 4766.06 of the Revised	1161
Code, and that the vehicle or aircraft and permit applicant meet	1162
any other requirements established under rules adopted by the	1163
board.	1164

(B)(1) Within sixty days after receiving a completed	1165
application for a permit, the board shall issue or deny the	1166
permit. The board shall deny an application if it determines that	1167
the permit applicant or, vehicle, or aircraft does not meet the	1168
requirements of this chapter and the rules adopted under it that	1169
apply to permits for ambulances, ambulettes, rotorcraft air	1170
ambulances, fixed wing air ambulances, and nontransport vehicles.	1171
The board shall send notice of the denial of an application by	1172
certified mail to the permit applicant. The permit applicant may	1173
request a hearing within ten days after receipt of the notice. If	1174
the board receives a timely request, it shall hold a hearing in	1175
accordance with Chapter 119. of the Revised Code.	1176

(2) If the board issues the vehicle permit for an ambulance,	1177
ambulette, or nontransport vehicle, it also shall issue a decal,	1178
in a form prescribed by rule, to be displayed on the rear window	1179
of the vehicle. The board shall not issue a decal until all of the	1180
requirements for licensure and permit issuance have been met.	1181

(3) If the board issues the aircraft permit for a rotorcraft	1182
air ambulance or fixed wing air ambulance, it also shall issue a	1183
decal, in a form prescribed by rule, to be displayed on the left	1184
fuselage aircraft window in a manner that complies with all	1185
applicable federal aviation regulations. The board shall not issue	1186
a decal until all of the requirements for licensure and permit	1187
issuance have been met.	1188

(C) In addition to any other requirements that the board	1189
establishes by rule, a licensee or license applicant applying for	1190
an initial vehicle or aircraft permit under division (A) of this	1191
section shall submit to the state highway patrol and the board the	1192
vehicle or aircraft for which the permit is sought. Thereafter, a	1193
licensee shall annually submit to the state highway patrol and the	1194
board each vehicle or aircraft for which a permit has been issued.	1195

(1) The state highway patrolboard shall conduct a physical	1196
inspection of an ambulance, ambulette, or nontransport vehicle to	1197
determine its roadworthiness and compliance with standard motor	1198
vehicle requirements.	1199

(2) The board shall conduct a physical inspection of the	1200
medical equipment, communication system, and interior of an	1201
ambulance to determine the operational condition and safety of the	1202
equipment and the ambulance's interior and to determine whether	1203
the ambulance is in compliance with the federal requirements for	1204
ambulance construction that were in effect at the time the	1205
ambulance was manufactured, as specified by the general services	1206
administration in the various versions of its publication titled	1207
"federal specification for the star-of-life ambulance,	1208
KKK-A-1822."	1209

(3) The board shall conduct a physical inspection of the	1210
equipment, communication system, and interior of an ambulette to	1211
determine the operational condition and safety of the equipment	1212
and the ambulette's interior and to determine whether the	1213
ambulette is in compliance with state requirements for ambulette	1214
construction. The board shall determine by rule requirements for	1215
the equipment, communication system, interior, and construction of	1216
an ambulette.	1217

(4) The board shall conduct a physical inspection of the	1218
medical equipment, communication system, and interior of a	1219
rotorcraft air ambulance or fixed wing air ambulance to determine	1220
the operational condition and safety of the equipment and the	1221
aircraft's interior.	1222

(5) The board and state highway patrol shall issue a	1223
certificate to the applicant for each vehicle or aircraft that	1224
passes the inspection and may assess a fee for each inspection, as	1225
established by the board.	1226

(4)(6) The board, in consultation with the state highway	1227
patrol, shall adopt rules regarding the implementation and	1228
coordination of the state highway patrol and board inspections.	1229
The rules may permit the board to contract with a third party to	1230
conduct the inspections required of the board under this section.	1231

Sec. 4766.08.  (A) The Ohio ambulance licensingmedical	1232
transportation board may, pursuant to an adjudication conducted in	1233
accordance with Chapter 119. of the Revised Code, suspend or	1234
revoke any license or permit or renewal thereof issued under this	1235
chapter for any one or combination of the following causes:	1236

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

1237

(2) Refusal to permit the board to inspect a vehicle or	1238
aircraft used under the terms of a permit or to inspect the	1239
records or physical facilities of a licensee;	1240

(3) Failure to meet the ambulance, ambulette, rotorcraft air	1241
ambulance, fixed wing air ambulance, and nontransport vehicle	1242
requirements specified in this chapter or the rules adopted	1243
thereunder;	1244

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

1245

(5) Failure to comply with any of the terms of an agreement	1246
entered into with the board regarding the suspension or revocation	1247
of a license or permit or the imposition of a penalty under this	1248
section.	1249

(B) If the board determines that the records, recordkeeping	1250
record-keeping procedures, or physical facilities of a licensee,	1251
or an ambulance, ambulette, rotorcraft air ambulance, fixed wing	1252
air ambulance, or nontransport vehicle for which a valid permit	1253
has been issued, do not meet the standards specified in this	1254
chapter and the rules adopted thereunder, the board shall notify	1255
the licensee of any deficiencies within thirty days of finding the	1256
deficiencies. If the board determines that the deficiencies exist	1257
and they remain uncorrected after thirty days, the board may	1258
suspend the license or, vehicle permit, or aircraft permit. The	1259
licensee, notwithstanding the suspension under this division, may	1260
operate until all appeals have been exhausted.	1261

(C) At the discretion of the board, a licensee whose license	1262
has been suspended or revoked under this section may be ineligible	1263
to be licensed under this chapter for a period of not more than	1264
three years from the date of the violation, provided that the	1265
board shall make no determination on a period of ineligibility	1266
until all the licensee's appeals relating to the suspension or	1267
revocation have been exhausted.	1268

(D) The board may, in addition to any other action taken	1269
under this section and after a hearing conducted pursuant to	1270
Chapter 119. of the Revised Code, impose a penalty of not more	1271
than fifteen hundred dollars for any violation specified in this	1272
section. The attorney general shall institute a civil action for	1273
the collection of any such penalty imposed.	1274

Sec. 4766.09.  This chapter does not apply to any of the	1275
following:	1276

(A) A person rendering services with an ambulance in the	1277
event of a disaster situation when licensees' vehicles based in	1278
the locality of the disaster situation are incapacitated or	1279
insufficient in number to render the services needed;	1280

(B) Any person operating an ambulance, ambulette, rotorcraft	1281
air ambulance, or fixed wing air ambulance outside this state	1282
unless receiving a person within this state for transport to a	1283
location within this state;	1284

(C) A publicly owned or operated emergency medical service	1285
organization and the vehicles it owns or leases and operates,	1286
except as provided in section 307.051, division (G) of section	1287
307.055, division (F) of section 505.37, division (B) of section	1288
505.375, and division (B)(3) of section 505.72 of the Revised	1289
Code;	1290

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	1291
wing air ambulance, or nontransport vehicle owned or leased and	1292
operated by the federal government;	1293

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

1294

(F) Emergency vehicles owned by a corporation and operating	1295
only on the corporation's premises, for the sole use by that	1296
corporation;	1297

(G) An ambulance, nontransport vehicle, or other emergency	1298
medical service organization vehicle owned and operated by a	1299
municipal corporation;	1300

(H) A motor vehicle titled in the name of a volunteer rescue	1301
service organization, as defined in section 4503.172 of the	1302
Revised Code;	1303

(I) A public emergency medical service organization;

1304

(J) A fire department, rescue squad, or life squad comprised	1305
of volunteers who provide services without expectation of	1306
remuneration and do not receive payment for services other than	1307
reimbursement for expenses;	1308

(K) A private, nonprofit emergency medical service	1309
organization when fifty per cent or more of its personnel are	1310
volunteers, as defined in section 4765.01 of the Revised Code;	1311

(L) Emergency medical service personnel who are regulated by	1312
the state board of emergency medical services under Chapter 4765.	1313
of the Revised Code;	1314

(M) A public nonemergency medical service organization.

1315

Sec. 4766.10.  This chapter does not invalidate any ordinance	1316
or resolution adopted by a municipal corporation that establishes	1317
standards for the licensure of emergency medical service	1318
organizations as basic life-support, intermediate life-support, or	1319
advanced life-support service organizations that have their	1320
principal places of business located within the limits of the	1321
municipal corporation, as long as the licensure standards meet or	1322
exceed the standards established in this chapter and the rules	1323
adopted thereunder.	1324

Emergency medical service organizations licensed by a	1325
municipal corporation are subject to the jurisdiction of the Ohio	1326
ambulance licensingmedical transportation board, but the fees	1327
they pay to the board for licenses, permits, and renewals thereof	1328
shall not exceed fifty per cent of the fee amounts established by	1329
the board pursuant to section 4766.03 of the Revised Code. The	1330
board may choose to waive the vehicle inspection requirements and	1331
inspection fees, but not the permit fees, for the vehicles of	1332
organizations licensed by a municipal corporation.	1333

Sec. 4766.11. (A) The Ohio ambulance licensingmedical	1334
transportation board may investigate alleged violations of this	1335
chapter or the rules adopted under it and may investigate any	1336
complaints received regarding alleged violations.	1337

In addition to any other remedies available and regardless of	1338
whether an adequate remedy at law exists, the board may apply to	1339
the court of common pleas in the county where a violation of any	1340
provision of this chapter or any rule adopted pursuant thereto is	1341
occurring for a temporary or permanent injunction restraining a	1342
person from continuing to commit that violation. On a showing that	1343
a person has committed a violation, the court shall grant the	1344
injunction.	1345

In conducting an investigation under this section, the board	1346
may issue subpoenas compelling the attendance and testimony of	1347
witnesses and the production of books, records, and other	1348
documents pertaining to the investigation. If a person fails to	1349
obey a subpoena from the board, the board may apply to the court	1350
of common pleas in the county where the investigation is being	1351
conducted for an order compelling the person to comply with the	1352
subpoena. On application by the board, the court shall compel	1353
obedience by attachment proceedings for contempt, as in the case	1354
of disobedience of the requirements of a subpoena from the court	1355
or a refusal to testify therein.	1356

(B) The medical transportation board may suspend a license	1357
issued under this chapter without a prior hearing if it determines	1358
that there is evidence that the license holder is subject to	1359
action under this section and that there is clear and convincing	1360
evidence that continued operation by the license holder presents a	1361
danger of immediate and serious harm to the public. The	1362
chairperson and executive director of the board shall make a	1363
preliminary determination and describe the evidence on which they	1364
made their determination to the board members. The board by	1365
resolution may designate another board member to act in place of	1366
the chairperson or another employee to act in place of the	1367
executive director in the event that the chairperson or executive	1368
director is unavailable or unable to act. Upon review of the	1369
allegations, the board, by the affirmative vote of at least four	1370
of its members, may suspend the license without a hearing.	1371

Any method of communication, including a telephone conference	1372
call, may be utilized for describing the evidence to the board	1373
members, for reviewing the allegations, and for voting on the	1374
suspension.	1375

Immediately following the decision by the board to suspend a	1376
license under this division, the board shall issue a written order	1377
of suspension and cause it to be delivered in accordance with	1378
section 119.07 of the Revised Code. If the license holder subject	1379
to the suspension requests an adjudication hearing by the board,	1380
the date set for the adjudication shall be within fifteen days but	1381
not earlier than seven days after the request unless another date	1382
is agreed to by the license holder and the board.	1383

Any summary suspension imposed under this division remains in	1384
effect, unless reversed by the board, until a final adjudicative	1385
order issued by the board pursuant to this section and Chapter	1386
119. of the Revised Code becomes effective. The board shall issue	1387
its final adjudicative order not less than ninety days after	1388
completion of its adjudication hearing. Failure to issue the order	1389
by that day shall cause the summary suspension order to end, but	1390
such failure shall not affect the validity of any subsequent final	1391
adjudication order.	1392

Sec. 4766.12.  If a county, township, joint ambulance	1393
district, or joint emergency medical services district chooses to	1394
have the Ohio ambulance licensingmedical transportation board	1395
license its emergency medical service organizations and issue	1396
permits for its vehicles pursuant to this chapter, except as may	1397
be otherwise provided, all provisions of this chapter and all	1398
rules adopted by the board thereunder are fully applicable.	1399
However, a county, township, joint ambulance district, or joint	1400
emergency medical services district is not required to obtain any	1401
type of permit from the board for any of its nontransport	1402
vehicles.	1403

Sec. 4766.13.  The Ohio ambulance licensingmedical	1404
transportation board, by endorsement, may license and issue	1405
vehicle permits to an emergency medical service organization or a	1406
nonemergency medical service organization that is regulated by	1407
another state. To qualify for a license and vehicle permits by	1408
endorsement, an organization must submit evidence satisfactory to	1409
the board that it has met standards in another state that are	1410
equal to or more stringent than the standards established by this	1411
chapter and the rules adopted under it.	1412

Sec. 4766.15.  (A) An applicant for employment as an	1413
ambulette driver with an organization licensed pursuant to this	1414
chapter shall submit proof to the organization of, or give consent	1415
to the employer to obtain, all of the following:	1416

(1)(a) A valid driver's license issued pursuant to Chapter	1417
4506. or 4507. of the Revised Code, or its equivalent, if the	1418
applicant is a resident of another state;	1419

(b) A recent certified abstract of the applicant's record of	1420
convictions for violations of motor vehicle laws provided by the	1421
registrar of motor vehicles pursuant to section 4509.05 of the	1422
Revised Code, or its equivalent, if the applicant is a resident of	1423
another state.	1424

(2)(a) A certificate of completion of a course in first aid	1425
techniques offered by the American red cross or an equivalent	1426
organization;	1427

(b) A certificate of completion of a course in	1428
cardiopulmonary resuscitation, or its equivalent, offered by an	1429
organization approved by the Ohio medical transportation board.	1430

(3) The result of a chemical test or tests of the applicant's	1431
blood, breath, or urine conducted at a hospital or other	1432
institution approved by the board for the purpose of determining	1433
the alcohol or drug of abuse content of the applicant's blood,	1434
breath, or urine;	1435

(4) The result of a criminal records check conducted by the	1436
bureau of criminal identification and investigation.	1437

(B) An organization may employ an applicant on a temporary	1438
provisional basis pending the completion of all of the	1439
requirements of this section. The length of the provisional period	1440
shall be determined by the board.	1441

(C) An organization licensed pursuant to this chapter shall	1442
use information received pursuant to this section to determine in	1443
accordance with rules adopted by the Ohio medical transportation	1444
board under section 4766.03 of the Revised Code whether an	1445
applicant is disqualified for employment.	1446

No applicant shall be accepted for permanent employment as an	1447
ambulette driver by an organization licensed pursuant to this	1448
chapter until all of the requirements of division (A) of this	1449
section have been met.	1450

Sec. 4766.17. (A) An air medical service organization	1451
licensed under this chapter shall do both of the following:	1452

(1) Use at a minimum both of the following to provide	1453
advanced life support to seriously ill, injured, wounded, or	1454
otherwise incapacitated or helpless individuals who require use of	1455
a stretcher:	1456

(a) A paramedic or registered nurse, both as defined in	1457
section 4765.01 of the Revised Code;	1458

(b) One other person, designated by the medical director of	1459
the air medical service organization, who holds a current, valid	1460
certificate or license to practice a health care profession in	1461
this state.	1462

(2) Employ as a medical director an individual who holds a	1463
current, valid certificate issued under Chapter 4731. of the	1464
Revised Code authorizing the practice of medicine and surgery or	1465
osteopathic medicine and surgery.	1466

(B) The medical director employed by a licensed air medical	1467
service organization pursuant to division (A)(2) of this section	1468
is ultimately responsible for the medical care provided to each	1469
patient by the organization.	1470

Sec. 4766.20. The Ohio medical transportation board may	1471
create committees to review and make recommendations regarding	1472
medical transportation services provided in this state. A	1473
committee created under this section may receive information about	1474
medical transportation services provided in this state from	1475
emergency medical service organizations, nonemergency medical	1476
service organizations, air medical service organizations, experts	1477
in the field of medical transportation, and other entities or	1478
individuals designated by the board.	1479

A committee created under this section shall meet all of the	1480
following requirements:	1481

(A) Be composed of at least one member of the board and any	1482
experts in the field of medical transportation designated by the	1483
board;	1484

(B) Not exceed a total of six members;

1485

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

1486

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

1487

Sec. 5111.151. (A) This section applies to eligibility	1488
determinations for all cases involving medical assistance provided	1489
pursuant to this chapter, qualified medicare beneficiaries,	1490
specified low-income medicare beneficiaries, qualifying	1491
individuals-1, qualifying individuals-2, and medical assistance	1492
for covered families and children.	1493

(B) As used in this section:

1494

(1) "Trust" means any arrangement in which a grantor	1495
transfers real or personal property to a trust with the intention	1496
that it be held, managed, or administered by at least one trustee	1497
for the benefit of the grantor or beneficiaries. "Trust" includes	1498
any legal instrument or device similar to a trust.	1499

(2) "Legal instrument or device similar to a trust" includes,	1500
but is not limited to, escrow accounts, investment accounts,	1501
partnerships, contracts, and other similar arrangements that are	1502
not called trusts under state law but are similar to a trust and	1503
to which all of the following apply:	1504

(a) The property in the trust is held, managed, retained, or	1505
administered by a trustee.	1506

(b) The trustee has an equitable, legal, or fiduciary duty to	1507
hold, manage, retain, or administer the property for the benefit	1508
of the beneficiary.	1509

(c) The trustee holds identifiable property for the	1510
beneficiary.	1511

(3) "Grantor" is a person who creates a trust, including all	1512
of the following:	1513

(a) An individual;

1514

(b) An individual's spouse;

1515

(c) A person, including a court or administrative body, with	1516
legal authority to act in place of or on behalf of an individual	1517
or an individual's spouse;	1518

(d) A person, including a court or administrative body, that	1519
acts at the direction or on request of an individual or the	1520
individual's spouse.	1521

(4) "Beneficiary" is a person or persons, including a	1522
grantor, who benefits in some way from a trust.	1523

(5) "Trustee" is a person who manages a trust's principal and	1524
income for the benefit of the beneficiaries.	1525

(6) "Person" has the same meaning as in section 1.59 of the	1526
Revised Code and includes an individual, corporation, business	1527
trust, estate, trust, partnership, and association.	1528

(7) "Applicant" is an individual who applies for medical	1529
assistance benefits or the individual's spouse.	1530

(8) "Recipient" is an individual who receives medical	1531
assistance benefits or the individual's spouse.	1532

(9) "Revocable trust" is a trust that can be revoked by the	1533
grantor or the beneficiary, including all of the following, even	1534
if the terms of the trust state that it is irrevocable:	1535

(a) A trust that provides that the trust can be terminated	1536
only by a court;	1537

(b) A trust that terminates on the happening of an event, but	1538
only if the event occurs at the direction or control of the	1539
grantor, beneficiary, or trustee.	1540

(10) "Irrevocable trust" is a trust that cannot be revoked by	1541
the grantor or terminated by a court and that terminates only on	1542
the occurrence of an event outside of the control or direction of	1543
the beneficiary or grantor.	1544

(11) "Payment" is any disbursal from the principal or income	1545
of the trust, including actual cash, noncash or property	1546
disbursements, or the right to use and occupy real property.	1547

(12) "Payments to or for the benefit of the applicant or	1548
recipient" is a payment to any person resulting in a direct or	1549
indirect benefit to the applicant or recipient.	1550

(13) "Testamentary trust" is a trust that is established by a	1551
will and does not take effect until after the death of the person	1552
who created the trust.	1553

(C) If an applicant or recipient is a beneficiary of a trust,	1554
the county department of job and family services shall determine	1555
what type of trust it is and shall treat the trust in accordance	1556
with the appropriate provisions of this section and rules adopted	1557
by the department of job and family services governing trusts. The	1558
county department of job and family services may determine that	1559
the trust or portion of the trust is one of the following:	1560

(1) A countable resource;

1561

(2) Countable income;

1562

(3) A countable resource and countable income;

1563

(4) Not a countable resource or countable income.

1564

(D)(1) A trust or legal instrument or device similar to a	1565
trust shall be considered a medicaid qualifying trust if all of	1566
the following apply:	1567

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

1568

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

1569

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

1570

(d) The applicant or recipient is or may become the	1571
beneficiary of all or part of the trust.	1572

(e) Payment from the trust is determined by one or more	1573
trustees who are permitted to exercise any discretion with respect	1574
to the distribution to the applicant or recipient.	1575

(2) If a trust meets the requirement of division (D)(1) of	1576
this section, the amount of the trust that is considered by the	1577
county department of job and family services as an available	1578
resource to the applicant or recipient shall be the maximum amount	1579
of payments permitted under the terms of the trust to be	1580
distributed to the applicant or recipient, assuming the full	1581
exercise of discretion by the trustee or trustees. The maximum	1582
amount shall include only amounts that are permitted to be	1583
distributed but are not distributed from either the income or	1584
principal of the trust.	1585

(3) Amounts that are actually distributed from a Medicaid	1586
qualifying trust to a beneficiary for any purpose shall be treated	1587
in accordance with rules adopted by the department of job and	1588
family services governing income.	1589

(4) Availability of a medicaid qualifying trust shall be	1590
considered without regard to any of the following:	1591

(a) Whether or not the trust is irrevocable or was	1592
established for purposes other than to enable a grantor to qualify	1593
for medicaid, medical assistance for covered families and	1594
children, or as a qualified medicare beneficiary, specified	1595
low-income medicare beneficiary, qualifying individual-1, or	1596
qualifying individual-2;	1597

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

1598

(5) If any real or personal property is transferred to a	1599
medicaid qualifying trust that is not distributable to the	1600
applicant or recipient, the transfer shall be considered an	1601
improper transfer of resources and shall be subject to rules	1602
adopted by the department of job and family services governing	1603
improper transfers of resources.	1604

(6) The baseline date for the look-back period for transfers	1605
of assets involving a medicaid qualifying trust shall be the date	1606
on which the applicant or recipient is both institutionalized and	1607
first applies for medical assistance. The following conditions	1608
also apply to look-back periods for transfers of assets involving	1609
medicaid qualifying trusts:	1610

(a) If a medicaid qualifying trust is a revocable trust and a	1611
portion of the trust is distributed to someone other than the	1612
applicant or recipient for the benefit of someone other than the	1613
applicant or recipient, the distribution shall be considered an	1614
improper transfer of resources. The look-back period shall be	1615
sixty months from the baseline date. The transfer shall be	1616
considered to have taken place on the date on which the payment to	1617
someone other than the applicant or recipient was made.	1618

(b) If a medicaid qualifying trust is an irrevocable trust	1619
and a portion of the trust is not distributable to the applicant	1620
or recipient, the trust shall be treated as an improper transfer	1621
of resources. The look-back period shall be sixty months from the	1622
baseline date. The transfer is considered to have been made as of	1623
the later of the date the trust was established or the date on	1624
which payment to the applicant or recipient was foreclosed. The	1625
value of the assets shall not be reduced by any payments from the	1626
trust that may be made from these unavailable assets at a later	1627
date.	1628

(c) If a medicaid qualifying trust is an irrevocable trust	1629
and a portion or all of the trust may be disbursed to or for the	1630
benefit of the applicant or recipient, any payment that is made to	1631
another person other than the applicant or recipient shall be	1632
considered an improper transfer of resources. The look-back period	1633
shall be thirty-six months from the baseline date. The transfer	1634
shall be considered to have been made as of the date of payment to	1635
the other person.	1636

(E)(1) A trust or legal instrument or device similar to a	1637
trust shall be considered a self-settled trust if all of the	1638
following apply:	1639

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

1640

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

1641

(c) The trust was established by an applicant or recipient,	1642
spouse of an applicant or recipient, or a person, including a	1643
court or administrative body, with legal authority to act in place	1644
of or on behalf of an applicant, recipient, or spouse, or acting	1645
at the direction or on request of an applicant, recipient, or	1646
spouse.	1647

(2) A trust that meets the requirements of division (E)(1) of	1648
this section and is a revocable trust shall be treated by the	1649
county department of job and family services as follows:	1650

(a) The corpus of the trust shall be considered a resource	1651
available to the applicant or recipient.	1652

(b) Payments from the trust to or for the benefit of the	1653
applicant or recipient shall be considered unearned income of the	1654
applicant or recipient.	1655

(c) Any other payments from the trust shall be considered an	1656
improper transfer of resources and shall be subject to rules	1657
adopted by the department of job and family services governing	1658
improper transfers of resources.	1659

(3) A trust that meets the requirements of division (E)(1) of	1660
this section and is an irrevocable trust shall be treated by the	1661
county department of job and family services as follows:	1662

(a) If there are any circumstances under which payment from	1663
the trust could be made to or for the benefit of the applicant or	1664
recipient, including a payment that can be made only in the	1665
future, the portion from which payments could be made shall be	1666
considered a resource available to the applicant or recipient. The	1667
county department of job and family services shall not take into	1668
account when payments can be made.	1669

(b) Any payment that is actually made to or for the benefit	1670
of the applicant or recipient from either the corpus or income	1671
shall be considered unearned income.	1672

(c) If a payment is made to someone other than to the	1673
applicant or recipient and the payment is not for the benefit of	1674
the applicant or recipient, the payment shall be considered an	1675
improper transfer of resources and shall be subject to rules	1676
adopted by the department of job and family services governing	1677
improper transfers of resources.	1678

(d) The date of the transfer shall be the later of the date	1679
of establishment of the trust or the date of the occurrence of the	1680
event.	1681

(e) When determining the value of the transferred resource	1682
under this provision, the value of the trust shall be its value on	1683
the date payment to the applicant or recipient was foreclosed.	1684

(f) Any income earned or other resources added subsequent to	1685
the foreclosure date shall be added to the total value of the	1686
trust.	1687

(g) Any payments to or for the benefit of the applicant or	1688
recipient after the foreclosure date but prior to the application	1689
date shall be subtracted from the total value. Any other payments	1690
shall not be subtracted from the value.	1691

(h) Any addition of resources after the foreclosure date	1692
shall be considered a separate transfer.	1693

(4) If a trust is funded with assets of another person or	1694
persons in addition to assets of the applicant or recipient, the	1695
applicable provisions of this section and rules adopted by the	1696
department of job and family services governing trusts shall apply	1697
only to the portion of the trust attributable to the applicant or	1698
recipient.	1699

(5) The availability of a self-settled trust shall be	1700
considered without regard to any of the following:	1701

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

1702

(b) Whether the trustees have exercised or may exercise	1703
discretion under the trust;	1704

(c) Any restrictions on when or whether distributions may be	1705
made from the trust;	1706

(d) Any restrictions on the use of distributions from the	1707
trust.	1708

(6) The baseline date for the look-back period for transfers	1709
of assets involving a self-settled trust shall be the date on	1710
which the applicant or recipient is both institutionalized and	1711
first applies for medical assistance. The following conditions	1712
also apply to look-back periods for transfers of assets involving	1713
self-settled trusts:	1714

(a) If a self-settled trust is a revocable trust and a	1715
portion of the trust is distributed to someone other than the	1716
applicant or recipient for the benefit of someone other than the	1717
applicant or recipient, the distribution shall be considered an	1718
improper transfer of resources. The look-back period shall be	1719
sixty months from the baseline date. The transfer shall be	1720
considered to have taken place on the date on which the payment to	1721
someone other than the applicant or recipient was made.	1722

(b) If a self-settled trust is an irrevocable trust and a	1723
portion of the trust is not distributable to the applicant or	1724
recipient, the trust shall be treated as an improper transfer of	1725
resources. The look-back period shall be sixty months from the	1726
baseline date. The transfer is considered to have been made as of	1727
the later of the date the trust was established or the date on	1728
which payment to the applicant or recipient was foreclosed. The	1729
value of these assets shall not be reduced by any payments from	1730
the trust that may be made from these unavailable assets at a	1731
later date.	1732

(c) If a self-settled trust is an irrevocable trust and a	1733
portion or all of the trust may be disbursed to or for the benefit	1734
of the applicant or recipient, any payment that is made to another	1735
person other than the applicant or recipient shall be considered	1736
an improper transfer of resources. The look-back period shall be	1737
thirty-six months from the baseline date. The transfer shall be	1738
considered to have been made as of the date of payment to the	1739
other person.	1740

(F) The principal or income from any of the following shall	1741
be exempt from being counted as a resource by a county department	1742
of job and family services:	1743

(1)(a) A special needs trust that meets all of the following	1744
requirements:	1745

(i) The trust contains assets of an applicant or recipient	1746
under sixty-five years of age and may contain the assets of other	1747
individuals.	1748

(ii) The applicant or recipient is disabled as defined in	1749
rules adopted by the department of job and family services.	1750

(iii) The trust is established for the benefit of the	1751
applicant or recipient by a parent, grandparent, legal guardian,	1752
or a court.	1753

(iv) The trust requires that on the death of the applicant or	1754
recipient the state will receive all amounts remaining in the	1755
trust up to an amount equal to the total amount of medical	1756
assistance paid on behalf of the applicant or recipient.	1757

(b) If a special needs trust meets the requirements of	1758
division (F)(1)(a) of this section and has been established for a	1759
disabled applicant or recipient under sixty-five years of age, the	1760
exemption for the trust granted pursuant to division (F) of this	1761
section shall continue after the disabled applicant or recipient	1762
becomes sixty-five years of age if the applicant or recipient	1763
continues to be disabled as defined in rules adopted by the	1764
department of job and family services. Except for income earned by	1765
the trust, the grantor shall not add to or otherwise augment the	1766
trust after the applicant or recipient attains sixty-five years of	1767
age. An addition or augmentation of the trust by the applicant or	1768
recipient with the applicant's own assets after the applicant or	1769
recipient attains sixty-five years of age shall be treated as an	1770
improper transfer of resources.	1771

(c) Cash distributions to the applicant or recipient shall be	1772
counted as unearned income. All other distributions from the trust	1773
shall be treated as provided in rules adopted by the department of	1774
job and family services governing in-kind income.	1775

(d) Transfers of assets to a special needs trust shall not be	1776
treated as an improper transfer of resources. Assets held prior to	1777
the transfer to the trust shall be considered as countable assets	1778
or countable income or countable assets and income.	1779

(2)(a) A qualifying income trust that meets all of the	1780
following requirements:	1781

(i) The trust is composed only of pension, social security,	1782
and other income to the applicant or recipient, including	1783
accumulated interest in the trust.	1784

(ii) The income is received by the individual and the right	1785
to receive the income is not assigned or transferred to the trust.	1786

(iii) The trust requires that on the death of the applicant	1787
or recipient the state will receive all amounts remaining in the	1788
trust up to an amount equal to the total amount of medical	1789
assistance paid on behalf of the applicant or recipient.	1790

(b) No resources shall be used to establish or augment the	1791
trust.	1792

(c) If an applicant or recipient has irrevocably transferred	1793
or assigned the applicant's or recipient's right to receive income	1794
to the trust, the trust shall not be considered a qualifying	1795
income trust by the county department of job and family services.	1796

(d) Income placed in a qualifying income trust shall not be	1797
counted in determining an applicant's or recipient's eligibility	1798
for medical assistance. The recipient of the funds may place any	1799
income directly into a qualifying income trust without those funds	1800
adversely affecting the applicant's or recipient's eligibility for	1801
medical assistance. Income generated by the trust that remains in	1802
the trust shall not be considered as income to the applicant or	1803
recipient.	1804

(e) All income placed in a qualifying income trust shall be	1805
combined with any countable income not placed in the trust to	1806
arrive at a base income figure to be used for spend down	1807
calculations.	1808

(f) The base income figure shall be used for post-eligibility	1809
deductions, including personal needs allowance, monthly income	1810
allowance, family allowance, and medical expenses not subject to	1811
third party payment. Any income remaining shall be used toward	1812
payment of patient liability. Payments made from a qualifying	1813
income trust shall not be combined with the base income figure for	1814
post-eligibility calculations.	1815

(g) The base income figure shall be used when determining the	1816
spend down budget for the applicant or recipient. Any income	1817
remaining after allowable deductions are permitted as provided	1818
under rules adopted by the department of job and family services	1819
shall be considered the applicant's or recipient's spend down	1820
liability.	1821

(3)(a) A pooled trust that meets all of the following	1822
requirements:	1823

(i) The trust contains the assets of the applicant or	1824
recipient of any age who is disabled as defined in rules adopted	1825
by the department of job and family services.	1826

(ii) The trust is established and managed by a nonprofit	1827
association.	1828

(iii) A separate account is maintained for each beneficiary	1829
of the trust but, for purposes of investment and management of	1830
funds, the trust pools the funds in these accounts.	1831

(iv) Accounts in the trust are established by the applicant	1832
or recipient, the applicant's or recipient's parent, grandparent,	1833
or legal guardian, or a court solely for the benefit of	1834
individuals who are disabled.	1835

(v) The trust requires that, to the extent that any amounts	1836
remaining in the beneficiary's account on the death of the	1837
beneficiary are not retained by the trust, the trust pay to the	1838
state the amounts remaining in the trust up to an amount equal to	1839
the total amount of medical assistance paid on behalf of the	1840
beneficiary.	1841

(b) Cash distributions to the applicant or recipient shall be	1842
counted as unearned income. All other distributions from the trust	1843
shall be treated as provided in rules adopted by the department of	1844
job and family services governing in-kind income.	1845

(c) Transfers of assets to a pooled trust shall not be	1846
treated as an improper transfer of resources. Assets held prior to	1847
the transfer to the trust shall be considered as countable assets,	1848
countable income, or countable assets and income.	1849

(4) A supplemental services trust that meets the requirements	1850
of section 1339.51 of the Revised Code and to which all of the	1851
following apply:	1852

(a) A person may establish a supplemental services trust	1853
pursuant to section 1339.51 of the Revised Code only for another	1854
person who is eligible to receive services through one of the	1855
following agencies:	1856

(i) The department of mental retardation and developmental	1857
disabilities;	1858

(ii) A county board of mental retardation and developmental	1859
disabilities;	1860

(iii) The department of mental health;

1861

(iv) A board of alcohol, drug addiction, and mental health	1862
services.	1863

(b) A county department of job and family services shall not	1864
determine eligibility for another agency's program. An applicant	1865
or recipient shall do one of the following:	1866

(i) Provide documentation from one of the agencies listed in	1867
division (F)(4)(a) of this section that establishes that the	1868
applicant or recipient was determined to be eligible for services	1869
from the agency at the time of the creation of the trust;	1870

(ii) Provide an order from a court of competent jurisdiction	1871
that states that the applicant or recipient was eligible for	1872
services from one of the agencies listed in division (F)(4)(a) of	1873
this section at the time of the creation of the trust.	1874

(c) At the time the trust is created, the trust principal	1875
does not exceed the maximum amount permitted. The maximum amount	1876
permitted in calendar year 2002 is two hundred fourteen thousand	1877
dollars. Each year thereafter, the maximum amount permitted is the	1878
prior year's amount plus two thousand dollars.	1879

(d) A county department of job and family services shall	1880
review the trust to determine whether it complies with the	1881
provisions of section 1339.51 of the Revised Code.	1882

(e) Payments from supplemental services trusts shall be	1883
exempt as long as the payments are for supplemental services as	1884
defined in rules adopted by the department of job and family	1885
services. All supplemental services shall be purchased by the	1886
trustee and shall not be purchased through direct cash payments to	1887
the beneficiary.	1888

(f) If a trust is represented as a supplemental services	1889
trust and a county department of job and family services	1890
determines that the trust does not meet the requirements provided	1891
in division (F)(4) of this section and section 1339.51 of the	1892
Revised Code, the county department of job and family services	1893
shall not consider it an exempt trust.	1894

(G)(1) A trust or legal instrument or device similar to a	1895
trust shall be considered a trust established by an individual for	1896
the benefit of the applicant or recipient if all of the following	1897
apply:	1898

(a) The trust is created by a person other than the applicant	1899
or recipient.	1900

(b) The trust names the applicant or recipient as a	1901
beneficiary.	1902

(c) The trust is funded with assets or property in which the	1903
applicant or recipient has never held an ownership interest prior	1904
to the establishment of the trust.	1905

(2) Any portion of a trust that meets the requirements of	1906
division (G)(1) of this section shall be an available resource	1907
only if the trust permits the trustee to expend principal, corpus,	1908
or assets of the trust for the applicant's or recipient's medical	1909
care, care, comfort, maintenance, health, welfare, general well	1910
being, or any combination of these purposes.	1911

(3) A trust that meets the requirements of division (G)(1) of	1912
this section shall be considered an available resource even if the	1913
trust contains any of the following types of provisions:	1914

(a) A provision that prohibits the trustee from making	1915
payments that would supplant or replace medical assistance or	1916
other public assistance;	1917

(b) A provision that prohibits the trustee from making	1918
payments that would impact or have an effect on the applicant's or	1919
recipient's right, ability, or opportunity to receive medical	1920
assistance or other public assistance;	1921

(c) A provision that attempts to prevent the trust or its	1922
corpus or principal from being counted as an available resource.	1923

(4) A trust that meets the requirements of division (G)(1) of	1924
this section shall not be counted as an available resource if at	1925
least one of the following circumstances applies:	1926

(a) If a trust contains a clear statement requiring the	1927
trustee to preserve a portion of the trust for another beneficiary	1928
or remainderman, that portion of the trust shall not be counted as	1929
an available resource. Terms of a trust that grant discretion to	1930
preserve a portion of the trust shall not qualify as a clear	1931
statement requiring the trustee to preserve a portion of the	1932
trust.	1933

(b) If a trust contains a clear statement requiring the	1934
trustee to use a portion of the trust for a purpose other than	1935
medical care, care, comfort, maintenance, welfare, or general well	1936
being of the applicant or recipient, that portion of the trust	1937
shall not be counted as an available resource. Terms of a trust	1938
that grant discretion to limit the use of a portion of the trust	1939
shall not qualify as a clear statement requiring the trustee to	1940
use a portion of the trust for a particular purpose.	1941

(c) If a trust contains a clear statement limiting the	1942
trustee to making fixed periodic payments, the trust shall not be	1943
counted as an available resource and payments shall be treated in	1944
accordance with rules adopted by the department of job and family	1945
services governing income. Terms of a trust that grant discretion	1946
to limit payments shall not qualify as a clear statement requiring	1947
the trustee to make fixed periodic payments.	1948

(d) If a trust contains a clear statement that requires the	1949
trustee to terminate the trust if it is counted as an available	1950
resource, the trust shall not be counted as an available resource.	1951
Terms of a trust that grant discretion to terminate the trust do	1952
not qualify as a clear statement requiring the trustee to	1953
terminate the trust.	1954

(e) If a person obtains a judgment from a court of competent	1955
jurisdiction that expressly prevents the trustee from using part	1956
or all of the trust for the medical care, care, comfort,	1957
maintenance, welfare, or general well being of the applicant or	1958
recipient, the trust or that portion of the trust subject to the	1959
court order shall not be counted as a resource.	1960

(f) If a trust is specifically exempt from being counted as	1961
an available resource by a provision of the Revised Code, rules,	1962
or federal law, the trust shall not be counted as a resource.	1963

(g) If an applicant or recipient presents a final judgment	1964
from a court demonstrating that the applicant or recipient was	1965
unsuccessful in a civil action against the trustee to compel	1966
payments from the trust, the trust shall not be counted as an	1967
available resource.	1968

(h) If an applicant or recipient presents a final judgment	1969
from a court demonstrating that in a civil action against the	1970
trustee the applicant or recipient was only able to compel limited	1971
or periodic payments, the trust shall not be counted as an	1972
available resource and payments shall be treated in accordance	1973
with rules adopted by the department of job and family services	1974
governing income.	1975

(i) If an applicant or recipient provides written	1976
documentation showing that the cost of a civil action brought to	1977
compel payments from the trust would be cost prohibitive, the	1978
trust shall not be counted as an available resource.	1979

(5) Any actual payments to the applicant or recipient from a	1980
trust that meet the requirements of division (G)(1) of this	1981
section, including trusts that are not counted as an available	1982
resource, shall be treated as provided in rules adopted by the	1983
department of job and family services governing income. Payments	1984
to any person other than the applicant or recipient shall not be	1985
considered income to the applicant or recipient. Payments from the	1986
trust to a person other than the applicant or recipient shall not	1987
be considered an improper transfer of assets.	1988

Sec. 5503.12.  (A) The superintendent of the state highway	1989
patrol, with the approval of the director of public safety, may	1990
authorize the registrar of motor vehicles and designated deputy	1991
registrars to collect inspection and testing fees on behalf of the	1992
state highway patrol. The superintendent and the registrar jointly	1993
shall determine and designate the deputy registrars who shall	1994
collect inspection and testing fees under this section.	1995

(B)(1) In addition to collecting the inspection and testing	1996
fees, the registrar and each designated deputy registrar may	1997
collect and retain a service fee in the amount specified in	1998
division (D) of section 4503.10 of the Revised Code for each	1999
inspection and testing fee collected on behalf of the state	2000
highway patrol.	2001

(2) Each designated deputy registrar, upon receipt of any	2002
inspection and testing fee, shall transmit the fees to the	2003
registrar in the manner prescribed by the registrar.	2004

(3) The registrar shall deposit the inspection and testing	2005
fees collected by and transmitted to the registrar to the credit	2006
of the fund specified by law.	2007

(C) The superintendent, with the approval of the director,	2008
shall establish appropriate procedures to be used by the registrar	2009
and designated deputy registrars for determining proof of payment	2010
of inspection and testing fees.	2011

(D) As used in this section, "inspection and testing fees"	2012
includes the following:	2013

(1) Fees for vehicle inspections conducted under sections	2014
4505.11, 4505.111, 4513.52, 4513.53, 4519.56, and 4519.61, and	2015
4766.07 of the Revised Code;	2016

(2) Fees for testing of commercial driver's license	2017
applicants under section 4506.09 of the Revised Code;	2018

(3) Except as may otherwise be specifically provided by law,	2019
any statutory fees for similar vehicle inspections or driver	2020
testing conducted by the state highway patrol that the	2021
superintendent may specify for collection under this section.	2022

Section 2.  That existing sections 307.051, 307.055, 505.37,	2023
505.375, 505.72, 4503.49, 4513.263, 4766.01, 4766.02, 4766.03,	2024
4766.04, 4766.05, 4766.06, 4766.07, 4766.08, 4766.09, 4766.10,	2025
4766.11, 4766.12, 4766.13, and 5503.12 of the Revised Code are	2026
hereby repealed.	2027

Section 3. That the version of section 4513.263 of the	2028
Revised Code that is scheduled to take effect January 1, 2004, be	2029
amended to read as follows:	2030

Sec. 4513.263.  (A) As used in this section and in section	2031
4513.99 of the Revised Code:	2032

(1) "Automobile" means any commercial tractor, passenger car,	2033
commercial car, or truck that is required to be factory-equipped	2034
with an occupant restraining device for the operator or any	2035
passenger by regulations adopted by the United States secretary of	2036
transportation pursuant to the "National Traffic and Motor Vehicle	2037
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	2038

(2) "Occupant restraining device" means a seat safety belt,	2039
shoulder belt, harness, or other safety device for restraining a	2040
person who is an operator of or passenger in an automobile and	2041
that satisfies the minimum federal vehicle safety standards	2042
established by the United States department of transportation.	2043

(3) "Passenger" means any person in an automobile, other than	2044
its operator, who is occupying a seating position for which an	2045
occupant restraining device is provided.	2046

(4) "Commercial tractor," "passenger car," and "commercial	2047
car" have the same meanings as in section 4501.01 of the Revised	2048
Code.	2049

(5) "Vehicle" and "motor vehicle," as used in the definitions	2050
of the terms set forth in division (A)(4) of this section, have	2051
the same meanings as in section 4511.01 of the Revised Code.	2052

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

2053

(1) Operate an automobile on any street or highway unless	2054
that person is wearing all of the available elements of a properly	2055
adjusted occupant restraining device, or operate a school bus that	2056
has an occupant restraining device installed for use in its	2057
operator's seat unless that person is wearing all of the available	2058
elements of the device, as properly adjusted;	2059

(2) Operate an automobile on any street or highway unless	2060
each passenger in the automobile who is subject to the requirement	2061
set forth in division (B)(3) of this section is wearing all of the	2062
available elements of a properly adjusted occupant restraining	2063
device;	2064

(3) Occupy, as a passenger, a seating position on the front	2065
seat of an automobile being operated on any street or highway	2066
unless that person is wearing all of the available elements of a	2067
properly adjusted occupant restraining device;	2068

(4) Operate a taxicab on any street or highway unless all	2069
factory-equipped occupant restraining devices in the taxicab are	2070
maintained in usable form.	2071

(C) Division (B)(3) of this section does not apply to a	2072
person who is required by section 4511.81 of the Revised Code to	2073
be secured in a child restraint device. Division (B)(1) of this	2074
section does not apply to a person who is an employee of the	2075
United States postal service or of a newspaper home delivery	2076
service, during any period in which the person is engaged in the	2077
operation of an automobile to deliver mail or newspapers to	2078
addressees. Divisions (B)(1) and (3) of this section do not apply	2079
to a person who has an affidavit signed by a physician licensed to	2080
practice in this state under Chapter 4731. of the Revised Code or	2081
a chiropractor licensed to practice in this state under Chapter	2082
4734. of the Revised Code that states that the person has a	2083
physical impairment that makes use of an occupant restraining	2084
device impossible or impractical.	2085

(D) Notwithstanding any provision of law to the contrary, no	2086
law enforcement officer shall cause an operator of an automobile	2087
being operated on any street or highway to stop the automobile for	2088
the sole purpose of determining whether a violation of division	2089
(B) of this section has been or is being committed or for the sole	2090
purpose of issuing a ticket, citation, or summons for a violation	2091
of that nature or causing the arrest of or commencing a	2092
prosecution of a person for a violation of that nature, and no law	2093
enforcement officer shall view the interior or visually inspect	2094
any automobile being operated on any street or highway for the	2095
sole purpose of determining whether a violation of that nature has	2096
been or is being committed.	2097

(E) All fines collected for violations of division (B) of	2098
this section, or for violations of any ordinance or resolution of	2099
a political subdivision that is substantively comparable to that	2100
division, shall be forwarded to the treasurer of state for deposit	2101
as follows:	2102

(1) Eight per cent shall be deposited into the seat belt	2103
education fund, which is hereby created in the state treasury, and	2104
shall be used by the department of public safety to establish a	2105
seat belt education program.	2106

(2) Eight per cent shall be deposited into the elementary	2107
school program fund, which is hereby created in the state	2108
treasury, and shall be used by the department of public safety to	2109
establish and administer elementary school programs that encourage	2110
seat safety belt use.	2111

(3) Two per cent shall be deposited into the Ohio ambulance	2112
licensingmedical transportation trust fund created by section	2113
4766.05 of the Revised Code.	2114

(4) Twenty-eight per cent shall be deposited into the trauma	2115
and emergency medical services fund, which is hereby created in	2116
the state treasury, and shall be used by the department of public	2117
safety for the administration of the division of emergency medical	2118
services and the state board of emergency medical services.	2119

(5) Fifty-four per cent shall be deposited into the trauma	2120
and emergency medical services grants fund, which is hereby	2121
created in the state treasury, and shall be used by the state	2122
board of emergency medical services to make grants, in accordance	2123
with section 4765.07 of the Revised Code and rules the board	2124
adopts under section 4765.11 of the Revised Code.	2125

(F)(1) Subject to division (F)(2) of this section, the	2126
failure of a person to wear all of the available elements of a	2127
properly adjusted occupant restraining device or to ensure that	2128
each passenger of an automobile being operated by the person is	2129
wearing all of the available elements of such a device, in	2130
violation of division (B) of this section, shall not be considered	2131
or used as evidence of negligence or contributory negligence,	2132
shall not diminish recovery for damages in any civil action	2133
involving the person arising from the ownership, maintenance, or	2134
operation of an automobile; shall not be used as a basis for a	2135
criminal prosecution of the person other than a prosecution for a	2136
violation of this section; and shall not be admissible as evidence	2137
in any civil or criminal action involving the person other than a	2138
prosecution for a violation of this section.	2139

(2) If, at the time of an accident involving a passenger car	2140
equipped with occupant restraining devices, any occupant of the	2141
passenger car who sustained injury or death was not wearing an	2142
available occupant restraining device, was not wearing all of the	2143
available elements of such a device, or was not wearing such a	2144
device as properly adjusted, then, consistent with the Rules of	2145
Evidence, the fact that the occupant was not wearing the available	2146
occupant restraining device, was not wearing all of the available	2147
elements of such a device, or was not wearing such a device as	2148
properly adjusted is admissible in evidence in relation to any	2149
claim for relief in a tort action to the extent that the claim for	2150
relief satisfies all of the following:	2151

(a) It seeks to recover damages for injury or death to the	2152
occupant.	2153

(b) The defendant in question is the manufacturer, designer,	2154
distributor, or seller of the passenger car.	2155

(c) The claim for relief against the defendant in question is	2156
that the injury or death sustained by the occupant was enhanced or	2157
aggravated by some design defect in the passenger car or that the	2158
passenger car was not crashworthy.	2159

(3) As used in division (F)(2) of this section, "tort action"	2160
means a civil action for damages for injury, death, or loss to	2161
person or property. "Tort action" includes a product liability	2162
claim that is subject to sections 2307.71 to 2307.80 of the	2163
Revised Code, but does not include a civil action for damages for	2164
a breach of a contract or another agreement between persons.	2165

(G)(1) Whoever violates division (B)(1) of this section shall	2166
be fined thirty dollars.	2167

(2) Whoever violates division (B)(3) of this section shall be	2168
fined twenty dollars.	2169

(3) Except as otherwise provided in this division, whoever	2170
violates division (B)(4) of this section is guilty of a minor	2171
misdemeanor. If the offender previously has been convicted of or	2172
pleaded guilty to a violation of division (B)(4) of this section,	2173
whoever violates division (B)(4) of this section is guilty of a	2174
misdemeanor of the third degree.	2175

Section 4. That the existing version of section 4513.263 of	2176
the Revised Code that is scheduled to take effect January 1, 2004,	2177
is hereby repealed.	2178

Section 5. Sections 3 and 4 of this act take effect January	2179
1, 2004.	2180

Section 6.  Within 60 days after the effective date of this	2181
act, the Governor shall appoint the additional members of the Ohio	2182
Medical Transportation Board required by section 4766.02 of the	2183
Revised Code, as amended by this act. The terms of the first two	2184
new members shall expire July 5, 2004, and the terms of the second	2185
two new members shall expire on July 5, 2005. Thereafter, the	2186
terms of office shall be as specified in section 4766.02 of the	2187
Revised Code.	2188