As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 401

Representatives Law, Flowers, Coley, Uecker, Patton, S. 

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A BILL

To amend sections 505.38, 737.08, 737.22, 3737.66,

1

4765.01, 4765.04, 4765.49, and 4765.55 of the

2

Revised Code to provide for the adoption of rules

3

governing firefighter training.

4

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

Section 1.  That sections 505.38, 737.08, 737.22, 3737.66,	5
4765.01, 4765.04, 4765.49, and 4765.55 of the Revised Code be	6
amended to read as follows:	7

Sec. 505.38.  (A) In each township or fire district that has	8
a fire department, the head of the department shall be a fire	9
chief, appointed by the board of township trustees, except that,	10
in a joint fire district, the fire chief shall be appointed by the	11
board of fire district trustees. Neither this section nor any	12
other section of the Revised Code requires, or shall be construed	13
to require, that the fire chief be a resident of the township or	14
fire district.	15

The board shall provide for the employment of firefighters as	16
it considers best and shall fix their compensation. No person	17
shall be appointed as a permanent full-time paid member, whose	18
duties include fire fighting, of the fire department of any	19
township or fire district unless that person has received a	20
certificate issued under former section 3303.07 or section 4765.55	21
of the Revised Code evidencing satisfactory completion of a	22
firefighter training program. Those appointees shall continue in	23
office until removed from office as provided by sections 733.35 to	24
733.39 of the Revised Code. To initiate removal proceedings, and	25
for that purpose, the board shall designate the fire chief or a	26
private citizen to investigate the conduct and prepare the	27
necessary charges in conformity with those sections.	28

In case of the removal of a fire chief or any member of the	29
fire department of a township or fire district, an appeal may be	30
had from the decision of the board to the court of common pleas of	31
the county in which the township or fire district fire department	32
is situated to determine the sufficiency of the cause of removal.	33
The appeal from the findings of the board shall be taken within	34
ten days.	35

No person who is appointed as a volunteer firefighter of the	36
fire department of any township or fire district shall remain in	37
that position unless either of the following applies:	38

(1) Within one year of the appointment, the person has	39
received a certificate issued under former section 3303.07 of the	40
Revised Code or division (C)(1) or (2) of section 4765.55 of the	41
Revised Code evidencing satisfactory completion of a firefighter	42
training program.	43

(2) The person began serving as a permanent full-time paid	44
firefighter with the fire department of a city or village prior to	45
July 2, 1970, or as a volunteer firefighter with the fire	46
department of a city, village, or other township or fire district	47
prior to July 2, 1979, and receives a certificate issued under	48
division (C)(3) of section 4765.55 of the Revised Code.	49

No person shall receive an appointment under this section, in	50
the case of a volunteer firefighter, unless the person has, not	51
more than sixty days prior to receiving the appointment, passed a	52
physical examination, given by a licensed physician, a physician	53
assistant, a clinical nurse specialist, a certified nurse	54
practitioner, or a certified nurse-midwife, showing that the	55
person meets the physical requirements necessary to perform the	56
duties of the position to which the person is appointed as	57
established by the board of township trustees having jurisdiction	58
over the appointment. The appointing authority, prior to making an	59
appointment, shall file with the Ohio police and fire pension fund	60
or the local volunteer fire fighters' dependents fund board a copy	61
of the report or findings of that licensed physician, physician	62
assistant, clinical nurse specialist, certified nurse	63
practitioner, or certified nurse-midwife. The professional fee for	64
the physical examination shall be paid for by the board of	65
township trustees.	66

(B) In each township not having a fire department, the board	67
of township trustees shall appoint a fire prevention officer who	68
shall exercise all of the duties of a fire chief except those	69
involving the maintenance and operation of fire apparatus. The	70
board may appoint one or more deputy fire prevention officers who	71
shall exercise the duties assigned by the fire prevention officer.	72

The board may fix the compensation for the fire prevention	73
officer and the fire prevention officer's deputies as it considers	74
best. The board shall appoint each fire prevention officer and	75
deputy for a one-year term. An appointee may be reappointed at the	76
end of a term to another one-year term. Any appointee may be	77
removed from office during a term as provided by sections 733.35	78
to 733.39 of the Revised Code. Section 505.45 of the Revised Code	79
extends to those officers.	80

(C)(1) Division (A) of this section does not apply to any	81
township that has a population of ten thousand or more persons	82
residing within the township and outside of any municipal	83
corporation, that has its own fire department employing ten or	84
more full-time paid employees, and that has a civil service	85
commission established under division (B) of section 124.40 of the	86
Revised Code. The township shall comply with the procedures for	87
the employment, promotion, and discharge of firefighters provided	88
by Chapter 124. of the Revised Code, except as otherwise provided	89
in divisions (C)(2) and (3) of this section.	90

(2) The board of township trustees of the township may	91
appoint the fire chief, and any person so appointed shall be in	92
the unclassified service under section 124.11 of the Revised Code	93
and shall serve at the pleasure of the board. Neither this section	94
nor any other section of the Revised Code requires, or shall be	95
construed to require, that the fire chief be a resident of the	96
township. A person who is appointed fire chief under these	97
conditions and who is removed by the board or resigns from the	98
position is entitled to return to the classified service in the	99
township fire department in the position held just prior to the	100
appointment as fire chief.	101

(3) The appointing authority of an urban township, as defined	102
in section 504.01 of the Revised Code, may appoint to a vacant	103
position any one of the three highest scorers on the eligible list	104
for a promotional examination.	105

(4) The board of township trustees shall determine the number	106
of personnel required and establish salary schedules and	107
conditions of employment not in conflict with Chapter 124. of the	108
Revised Code.	109

(5) No person shall receive an original appointment as a	110
permanent full-time paid member of the fire department of the	111
township described in this division unless the person has received	112
a certificate issued under former section 3303.07 or section	113
4765.55 of the Revised Code evidencing the satisfactory completion	114
of a firefighter training program.	115

(6) Persons employed as firefighters in the township	116
described in this division on the date a civil service commission	117
is appointed pursuant to division (B) of section 124.40 of the	118
Revised Code, without being required to pass a competitive	119
examination or a firefighter training program, shall retain their	120
employment and any rank previously granted them by action of the	121
board of township trustees or otherwise, but those persons are	122
eligible for promotion only by compliance with Chapter 124. of the	123
Revised Code.	124

Sec. 737.08.  (A) The fire department of each city shall be	125
composed of a chief of the fire department and other officers,	126
firefighters, and employees provided for by ordinance. Neither	127
this section nor any other section of the Revised Code requires,	128
or shall be construed to require, that the fire chief be a	129
resident of the city.	130

(B) No person shall be appointed as a permanent full-time	131
paid member, whose duties include fire fighting, of the fire	132
department of any city, unless either of the following applies:	133

(1) The person has received a certificate issued under former	134
section 3303.07 of the Revised Code or division (C)(1) or (2) of	135
section 4765.55 of the Revised Code evidencing satisfactory	136
completion of a firefighter training program.	137

(2) The person began serving as a permanent full-time paid	138
firefighter with the fire department of a village or other city	139
prior to July 2, 1970, and receives a certificate issued under	140
division (C)(3) of section 4765.55 of the Revised Code.	141

(C) No person who is appointed as a volunteer firefighter of	142
a city fire department shall remain in that position, unless	143
either of the following applies:	144

(1) Within one year of the appointment, the person has	145
received a certificate issued under former section 3303.07 of the	146
Revised Code or division (C)(1) or (2) of section 4765.55 of the	147
Revised Code evidencing satisfactory completion of a firefighter	148
training program.	149

(2) The person began serving as a permanent full-time paid	150
firefighter with the fire department of a village or other city	151
prior to July 2, 1970, or as a volunteer firefighter with the fire	152
department of a township, fire district, village, or other city	153
prior to July 2, 1979, and receives a certificate issued under	154
division (C)(3) of section 4765.55 of the Revised Code.	155

(D) The director of public safety shall have the exclusive	156
management and control of other surgeons, secretaries, clerks, and	157
employees provided for by ordinance or resolution of the	158
legislative authority of the city.	159

Sec. 737.22.  (A) Each village establishing a fire department	160
shall have a fire chief as the department's head, appointed by the	161
mayor with the advice and consent of the legislative authority of	162
the village, who shall continue in office until removed from	163
office as provided by sections 733.35 to 733.39 of the Revised	164
Code. Neither this section nor any other section of the Revised	165
Code requires, or shall be construed to require, that the fire	166
chief be a resident of the village.	167

In each village not having a fire department, the mayor	168
shall, with the advice and consent of the legislative authority of	169
the village, appoint a fire prevention officer who shall exercise	170
all of the duties of a fire chief except those involving the	171
maintenance and operation of fire apparatus.	172

The legislative authority of the village may fix the	173
compensation it considers best. The appointee shall continue in	174
office until removed from office as provided by sections 733.35 to	175
733.39 of the Revised Code. Section 737.23 of the Revised Code	176
shall extend to the officer.	177

(B) The legislative authority of the village may provide for	178
the appointment of permanent full-time paid firefighters as it	179
considers best and fix their compensation, or for the services of	180
volunteer firefighters, who shall be appointed by the mayor with	181
the advice and consent of the legislative authority, and shall	182
continue in office until removed from office.	183

(1) No person shall be appointed as a permanent full-time	184
paid firefighter of a village fire department, unless either of	185
the following applies:	186

(a) The person has received a certificate issued under former	187
section 3303.07 of the Revised Code or division (C)(1) or (2) of	188
section 4765.55 of the Revised Code evidencing satisfactory	189
completion of a firefighter training program.	190

(b) The person began serving as a permanent full-time paid	191
firefighter with the fire department of a city or other village	192
prior to July 2, 1970, and receives a certificate issued under	193
division (C)(3) of section 4765.55 of the Revised Code.	194

(2) No person who is appointed as a volunteer firefighter of	195
a village fire department shall remain in that position, unless	196
either of the following applies:	197

(a) Within one year of the appointment, the person has	198
received a certificate issued under former section 3303.07 or	199
section 4765.55 of the Revised Code evidencing satisfactory	200
completion of a firefighter training program.	201

(b) The person has served as a permanent full-time paid	202
firefighter with the fire department of a city or other village	203
prior to July 2, 1970, or as a volunteer firefighter with the fire	204
department of a city, township, fire district, or other village	205
prior to July 2, 1979, and receives a certificate issued under	206
division (C)(3) of section 4765.55 of the Revised Code.	207

(3) No person shall receive an appointment under this section	208
unless the person has, not more than sixty days prior to receiving	209
the appointment, passed a physical examination, given by a	210
licensed physician, a physician assistant, a clinical nurse	211
specialist, a certified nurse practitioner, or a certified	212
nurse-midwife, showing that the person meets the physical	213
requirements necessary to perform the duties of the position to	214
which the person is to be appointed as established by the	215
legislative authority of the village. The appointing authority	216
shall, prior to making an appointment, file with the Ohio police	217
and fire pension fund or the local volunteer fire fighters'	218
dependents fund board a copy of the report or findings of that	219
licensed physician, physician assistant, clinical nurse	220
specialist, certified nurse practitioner, or certified	221
nurse-midwife. The professional fee for the physical examination	222
shall be paid for by the legislative authority of the village.	223

Sec. 3737.66.  (A) As used in this section, "firefighting	224
agency" and "private fire company" have the same meanings as in	225
section 9.60 of the Revised Code.	226

(B) No person shall claim to the public to be or act as a	227
firefighter, volunteer firefighter, member of a fire department,	228
chief of a fire department, or fire prevention officer unless at	229
least one of the following applies:	230

(1) Thethe person is recognized as a firefighter, volunteer	231
firefighter, member of a fire department, member of a private fire	232
company, chief of a fire department, or fire prevention officer by	233
the fire marshal or has received a certificate issued under former	234
section 3303.07 or section 4765.55 of the Revised Code evidencing	235
satisfactory completion of a firefighter training program and has	236
been appointed by the governing board of a firefighting agency or,	237
in the case of a volunteer firefighter, receives such a	238
certificate within one year after appointment by the governing	239
board of a firefighting agency;	240

(2) The person is a member of a private fire company and that	241
company is providing fire protection in accordance with division	242
(B), (C), or (D) of section 9.60 of the Revised Code.	243

Sec. 4765.01.  As used in this chapter:

244

(A) "First responder" means an individual who holds a	245
current, valid certificate issued under section 4765.30 of the	246
Revised Code to practice as a first responder.	247

(B) "Emergency medical technician-basic" or "EMT-basic" means	248
an individual who holds a current, valid certificate issued under	249
section 4765.30 of the Revised Code to practice as an emergency	250
medical technician-basic.	251

(C) "Emergency medical technician-intermediate" or "EMT-I"	252
means an individual who holds a current, valid certificate issued	253
under section 4765.30 of the Revised Code to practice as an	254
emergency medical technician-intermediate.	255

(D) "Emergency medical technician-paramedic" or "paramedic"	256
means an individual who holds a current, valid certificate issued	257
under section 4765.30 of the Revised Code to practice as an	258
emergency medical technician-paramedic.	259

(E) "Ambulance" means any motor vehicle that is used, or is	260
intended to be used, for the purpose of responding to emergency	261
medical situations, transporting emergency patients, and	262
administering emergency medical service to patients before,	263
during, or after transportation.	264

(F) "Cardiac monitoring" means a procedure used for the	265
purpose of observing and documenting the rate and rhythm of a	266
patient's heart by attaching electrical leads from an	267
electrocardiograph monitor to certain points on the patient's body	268
surface.	269

(G) "Emergency medical service" means any of the services	270
described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of	271
the Revised Code that are performed by first responders, emergency	272
medical technicians-basic, emergency medical	273
technicians-intermediate, and paramedics. "Emergency medical	274
service" includes such services performed before or during any	275
transport of a patient, including transports between hospitals and	276
transports to and from helicopters.	277

(H) "Emergency medical service organization" means a public	278
or private organization using first responders, EMTs-basic,	279
EMTs-I, or paramedics, or a combination of first responders,	280
EMTs-basic, EMTs-I, and paramedics, to provide emergency medical	281
services.	282

(I) "Physician" means an individual who holds a current,	283
valid certificate issued under Chapter 4731. of the Revised Code	284
authorizing the practice of medicine and surgery or osteopathic	285
medicine and surgery.	286

(J) "Registered nurse" means an individual who holds a	287
current, valid license issued under Chapter 4723. of the Revised	288
Code authorizing the practice of nursing as a registered nurse.	289

(K) "Volunteer" means a person who provides services either	290
for no compensation or for compensation that does not exceed the	291
actual expenses incurred in providing the services or in training	292
to provide the services.	293

(L) "Emergency medical service personnel" means first	294
responders, emergency medical service technicians-basic, emergency	295
medical service technicians-intermediate, emergency medical	296
service technicians-paramedic, and persons who provide medical	297
direction to such persons.	298

(M) "Hospital" has the same meaning as in section 3727.01 of	299
the Revised Code.	300

(N) "Trauma" or "traumatic injury" means severe damage to or	301
destruction of tissue that satisfies both of the following	302
conditions:	303

(1) It creates a significant risk of any of the following:

304

(a) Loss of life;

305

(b) Loss of a limb;

306

(c) Significant, permanent disfigurement;

307

(d) Significant, permanent disability.

308

(2) It is caused by any of the following:

309

(a) Blunt or penetrating injury;

310

(b) Exposure to electromagnetic, chemical, or radioactive	311
energy;	312

(c) Drowning, suffocation, or strangulation;

313

(d) A deficit or excess of heat.

314

(O) "Trauma victim" or "trauma patient" means a person who	315
has sustained a traumatic injury.	316

(P) "Trauma care" means the assessment, diagnosis,	317
transportation, treatment, or rehabilitation of a trauma victim by	318
emergency medical service personnel or by a physician, nurse,	319
physician assistant, respiratory therapist, physical therapist,	320
chiropractor, occupational therapist, speech-language pathologist,	321
audiologist, or psychologist licensed to practice as such in this	322
state or another jurisdiction.	323

(Q) "Trauma center" means all of the following:

324

(1) Any hospital that is verified by the American college of	325
surgeons as an adult or pediatric trauma center;	326

(2) Any hospital that is operating as an adult or pediatric	327
trauma center under provisional status pursuant to section	328
3727.101 of the Revised Code;	329

(3) Until December 31, 2004, any hospital in this state that	330
is designated by the director of health as a level II pediatric	331
trauma center under section 3727.081 of the Revised Code;	332

(4) Any hospital in another state that is licensed or	333
designated under the laws of that state as capable of providing	334
specialized trauma care appropriate to the medical needs of the	335
trauma patient.	336

(R) "Pediatric" means involving a patient who is less than	337
sixteen years of age.	338

(S) "Adult" means involving a patient who is not a pediatric	339
patient.	340

(T) "Geriatric" means involving a patient who is at least	341
seventy years old or exhibits significant anatomical or	342
physiological characteristics associated with advanced aging.	343

(U) "Air medical organization" means an organization that	344
provides emergency medical services, or transports emergency	345
victims, by means of fixed or rotary wing aircraft.	346

(V) "Emergency care" and "emergency facility" have the same	347
meanings as in section 3727.01 of the Revised Code.	348

(W) "Stabilize," except as it is used in division (B) of	349
section 4765.35 of the Revised Code with respect to the manual	350
stabilization of fractures, has the same meaning as in section	351
1753.28 of the Revised Code.	352

(X) "Transfer" has the same meaning as in section 1753.28 of	353
the Revised Code.	354

(Y) "Firefighter" means any member of a fire department as	355
defined in section 742.01 of the Revised Code.	356

(Z) "Volunteer firefighter" has the same meaning as in	357
section 146.01 of the Revised Code.	358

(AA) "Part-time paid firefighter" means a person who provides	359
firefighting services on less than a full-time basis, is routinely	360
scheduled to be present on site at a fire station or other	361
designated location for purposes of responding to a fire or other	362
emergency, and receives more than nominal compensation for the	363
provision of firefighting services.	364

Sec. 4765.04.  (A) The firefighter and fire safety inspector	365
training committee of the state board of emergency medical	366
services is hereby created and shall consist of the members of the	367
board who are chiefs of fire departments, and the members of the	368
board who are emergency medical technicians-basic, emergency	369
medical technicians-intermediate, and emergency medical	370
technicians-paramedic appointed from among persons nominated by	371
the Ohio association of professional fire fighters or the northern	372
Ohio fire fighters and from among persons nominated by the Ohio	373
state firefighter's association. Each member of the committee,	374
except the chairperson, may designate a person with fire	375
experience to serve in that member's place. The members of the	376
committee or their designees shall select a chairperson from among	377
the members or their designees.	378

The committee may conduct investigations in the course of	379
discharging its duties under Chapter 4765. of the Revised Code. In	380
the course of an investigation, the committee may issue subpoenas.	381
If a person subpoenaed fails to comply with the subpoena, the	382
committee may authorize its chairperson to apply to the court of	383
common pleas, in the county where the person to be subpoenaed	384
resides, for an order compelling compliance in the same manner as	385
compliance with a subpoena issued by the court is compelled.	386

(B) The trauma committee of the state board of emergency	387
medical services is hereby created and shall consist of the	388
following members appointed by the director of public safety:	389

(1) A physician who is certified by the American board of	390
surgery or American osteopathic board of surgery and actively	391
practices general trauma surgery, appointed from among three	392
persons nominated by the Ohio chapter of the American college of	393
surgeons, three persons nominated by the Ohio state medical	394
association, and three persons nominated by the Ohio osteopathic	395
association;	396

(2) A physician who is certified by the American board of	397
surgery or the American osteopathic board of surgery and actively	398
practices orthopedic trauma surgery, appointed from among three	399
persons nominated by the Ohio orthopedic society and three persons	400
nominated by the Ohio osteopathic association;	401

(3) A physician who is certified by the American board of	402
neurological surgeons or the American osteopathic board of surgery	403
and actively practices neurosurgery on trauma victims, appointed	404
from among three persons nominated by the Ohio state neurological	405
society and three persons nominated by the Ohio osteopathic	406
association;	407

(4) A physician who is certified by the American board of	408
surgeons or American osteopathic board of surgeons and actively	409
specializes in treating burn victims, appointed from among three	410
persons nominated by the Ohio chapter of the American college of	411
surgeons and three persons nominated by the Ohio osteopathic	412
association;	413

(5) A dentist who is certified by the American board of oral	414
and maxillofacial surgery and actively practices oral and	415
maxillofacial surgery, appointed from among three persons	416
nominated by the Ohio dental association;	417

(6) A physician who is certified by the American board of	418
physical medicine and rehabilitation or American osteopathic board	419
of rehabilitation medicine and actively provides rehabilitative	420
care to trauma victims, appointed from among three persons	421
nominated by the Ohio society of physical medicine and	422
rehabilitation and three persons nominated by the Ohio osteopathic	423
association;	424

(7) A physician who is certified by the American board of	425
surgery or American osteopathic board of surgery with special	426
qualifications in pediatric surgery and actively practices	427
pediatric trauma surgery, appointed from among three persons	428
nominated by the Ohio chapter of the American academy of	429
pediatrics and three persons nominated by the Ohio osteopathic	430
association;	431

(8) A physician who is certified by the American board of	432
emergency medicine or American osteopathic board of emergency	433
medicine, actively practices emergency medicine, and is actively	434
involved in emergency medical services, appointed from among three	435
persons nominated by the Ohio chapter of the American college of	436
emergency physicians and three persons nominated by the Ohio	437
osteopathic association;	438

(9) A physician who is certified by the American board of	439
pediatrics, American osteopathic board of pediatrics, or American	440
board of emergency medicine, is sub-boarded in pediatric emergency	441
medicine, actively practices pediatric emergency medicine, and is	442
actively involved in emergency medical services, appointed from	443
among three persons nominated by the Ohio chapter of the American	444
academy of pediatrics, three persons nominated by the Ohio chapter	445
of the American college of emergency physicians, and three persons	446
nominated by the Ohio osteopathic association;	447

(10) A physician who is certified by the American board of	448
surgery, American osteopathic board of surgery, or American board	449
of emergency medicine and is the chief medical officer of an air	450
medical organization, appointed from among three persons nominated	451
by the Ohio association of air medical services;	452

(11) A coroner or medical examiner appointed from among three	453
people nominated by the Ohio state coroners' association;	454

(12) A registered nurse who actively practices trauma nursing	455
at an adult or pediatric trauma center, appointed from among three	456
persons nominated by the Ohio association of trauma nurse	457
coordinators;	458

(13) A registered nurse who actively practices emergency	459
nursing and is actively involved in emergency medical services,	460
appointed from among three persons nominated by the Ohio chapter	461
of the emergency nurses' association;	462

(14) The chief trauma registrar of an adult or pediatric	463
trauma center, appointed from among three persons nominated by the	464
alliance of Ohio trauma registrars;	465

(15) The administrator of an adult or pediatric trauma	466
center, appointed from among three persons nominated by OHA: the	467
association for hospitals and health systems, three persons	468
nominated by the Ohio osteopathic association, three persons	469
nominated by the association of Ohio children's hospitals, and	470
three persons nominated by the health forum of Ohio;	471

(16) The administrator of a hospital that is not a trauma	472
center and actively provides emergency care to adult or pediatric	473
trauma patients, appointed from among three persons nominated by	474
OHA: the association for hospitals and health systems, three	475
persons nominated by the Ohio osteopathic association, three	476
persons nominated by the association of Ohio children's hospitals,	477
and three persons nominated by the health forum of Ohio;	478

(17) The operator of an ambulance company that actively	479
provides trauma care to emergency patients, appointed from among	480
three persons nominated by the Ohio ambulance association;	481

(18) The chief of a fire department that actively provides	482
trauma care to emergency patients, appointed from among three	483
persons nominated by the Ohio fire chiefs' association;	484

(19) An EMT or paramedic who is certified under this chapter	485
and actively provides trauma care to emergency patients, appointed	486
from among three persons nominated by the Ohio association of	487
professional firefighters, three persons nominated by the northern	488
Ohio fire fighters, three persons nominated by the Ohio state	489
firefighters' association, and three persons nominated by the Ohio	490
association of emergency medical services;	491

(20) A person who actively advocates for trauma victims,	492
appointed from three persons nominated by the Ohio brain injury	493
association and three persons nominated by the governor's council	494
on people with disabilities;	495

(21) A physician or nurse who has substantial administrative	496
responsibility for trauma care provided in or by an adult or	497
pediatric trauma center, appointed from among three persons	498
nominated by OHA: the association for hospitals and health	499
systems, three persons nominated by the Ohio osteopathic	500
association, three persons nominated by the association of Ohio	501
children's hospitals, and three persons nominated by the health	502
forum of Ohio;	503

(22) Three representatives of hospitals that are not trauma	504
centers and actively provide emergency care to trauma patients,	505
appointed from among three persons nominated by OHA: the	506
association for hospitals and health systems, three persons	507
nominated by the Ohio osteopathic association, three persons	508
nominated by the association of Ohio children's hospitals, and	509
three persons nominated by the health forum of Ohio. The	510
representatives may be hospital administrators, physicians,	511
nurses, or other clinical professionals.	512

Members of the committee shall have substantial experience in	513
the categories they represent, shall be residents of this state,	514
and may be members of the state board of emergency medical	515
services. In appointing members of the committee, the director	516
shall attempt to include members representing urban and rural	517
areas, various geographical areas of the state, and various	518
schools of training. The director shall not appoint to the	519
committee more than one member who is employed by or practices at	520
the same hospital, health system, or emergency medical service	521
organization.	522

The director may refuse to appoint any of the persons	523
nominated by an organization or organizations under this division.	524
In that event, the organization or organizations shall continue to	525
nominate the required number of persons until the director	526
appoints to the committee one or more of the persons nominated by	527
the organization or organizations.	528

Initial appointments to the committee shall be made by the	529
director not later than ninety days after November 3, 2000.	530
Members of the committee shall serve at the pleasure of the	531
director, except that any member of the committee who ceases to be	532
qualified for the position to which the member was appointed shall	533
cease to be a member of the committee. Vacancies on the committee	534
shall be filled in the same manner as original appointments.	535

The members of the committee shall serve without compensation	536
but shall be reimbursed for actual and necessary expenses incurred	537
in carrying out duties as members of the committee.	538

The committee shall select a chairperson and vice-chairperson	539
from among its members. A majority of all members of the committee	540
shall constitute a quorum. No action shall be taken without the	541
concurrence of a majority of all members of the committee. The	542
committee shall meet at the call of the chair, upon written	543
request of five members of the committee, and at the direction of	544
the state board of emergency medical services. The committee shall	545
not meet at times or locations that conflict with meetings of the	546
board. The executive director and medical director of the state	547
board of emergency medical services may participate in any meeting	548
of the committee and shall do so at the request of the committee.	549

The committee shall advise and assist the state board of	550
emergency medical services in matters related to adult and	551
pediatric trauma care and the establishment and operation of the	552
state trauma registry. In matters relating to the state trauma	553
registry, the board and the committee shall consult with trauma	554
registrars from adult and pediatric trauma centers in the state.	555
The committee may appoint a subcommittee to advise and assist with	556
the trauma registry. The subcommittee may include persons with	557
expertise relevant to the trauma registry who are not members of	558
the board or committee.	559

(C) The state board of emergency medical services may appoint	560
other committees and subcommittees as it considers necessary.	561

(D) The state board of emergency medical services, and any of	562
its committees or subcommittees, may request assistance from any	563
state agency. The board and its committees and subcommittees may	564
permit persons who are not members of those bodies to participate	565
in deliberations of those bodies, but no person who is not a	566
member of the board shall vote on the board and no person who is	567
not a member of a committee created under division (A) or (B) of	568
this section shall vote on that committee.	569

(E) Sections 101.82 to 101.87 of the Revised Code do not	570
apply to the committees established under division (A) or (B) of	571
this section.	572

Sec. 4765.49.  (A) A first responder, emergency medical	573
technician-basic, emergency medical technician-intermediate, or	574
emergency medical technician-paramedic is not liable in damages in	575
a civil action for injury, death, or loss to person or property	576
resulting from the individual's administration of emergency	577
medical services, unless the services are administered in a manner	578
that constitutes willful or wanton misconduct. A physician or	579
registered nurse designated by a physician, who is advising or	580
assisting in the emergency medical services by means of any	581
communication device or telemetering system, is not liable in	582
damages in a civil action for injury, death, or loss to person or	583
property resulting from the individual's advisory communication or	584
assistance, unless the advisory communication or assistance is	585
provided in a manner that constitutes willful or wanton	586
misconduct. Medical directors and members of cooperating physician	587
advisory boards of emergency medical service organizations are not	588
liable in damages in a civil action for injury, death, or loss to	589
person or property resulting from their acts or omissions in the	590
performance of their duties, unless the act or omission	591
constitutes willful or wanton misconduct.	592

(B) A political subdivision, joint ambulance district, joint	593
emergency medical services district, or other public agency, and	594
any officer or employee of a public agency or of a private	595
organization operating under contract or in joint agreement with	596
one or more political subdivisions, that provides emergency	597
medical services, or that enters into a joint agreement or a	598
contract with the state, any political subdivision, joint	599
ambulance district, or joint emergency medical services district	600
for the provision of emergency medical services, is not liable in	601
damages in a civil action for injury, death, or loss to person or	602
property arising out of any actions taken by a first responder,	603
EMT-basic, EMT-I, or paramedic working under the officer's or	604
employee's jurisdiction, or for injury, death, or loss to person	605
or property arising out of any actions of licensed medical	606
personnel advising or assisting the first responder, EMT-basic,	607
EMT-I, or paramedic, unless the services are provided in a manner	608
that constitutes willful or wanton misconduct.	609

(C) A student who is enrolled in an emergency medical	610
services training program accredited under section 4765.17 of the	611
Revised Code or an emergency medical services continuing education	612
program approved under that section is not liable in damages in a	613
civil action for injury, death, or loss to person or property	614
resulting from either of the following:	615

(1) The student's administration of emergency medical	616
services or patient care or treatment, if the services, care, or	617
treatment is administered while the student is under the direct	618
supervision and in the immediate presence of an EMT-basic, EMT-I,	619
paramedic, registered nurse, or physician and while the student is	620
receiving clinical training that is required by the program,	621
unless the services, care, or treatment is provided in a manner	622
that constitutes willful or wanton misconduct;	623

(2) The student's training as an ambulance driver, unless the	624
driving is done in a manner that constitutes willful or wanton	625
misconduct.	626

(D) An EMT-basic, EMT-I, paramedic, or other operator, who	627
holds a valid commercial driver's license issued pursuant to	628
Chapter 4506. of the Revised Code or driver's license issued	629
pursuant to Chapter 4507. of the Revised Code and who is employed	630
by an emergency medical service organization that is not owned or	631
operated by a political subdivision as defined in section 2744.01	632
of the Revised Code, is not liable in damages in a civil action	633
for injury, death, or loss to person or property that is caused by	634
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,	635
or other operator while responding to or completing a call for	636
emergency medical services, unless the operation constitutes	637
willful or wanton misconduct or does not comply with the	638
precautions of section 4511.03 of the Revised Code. An emergency	639
medical service organization is not liable in damages in a civil	640
action for any injury, death, or loss to person or property that	641
is caused by the operation of an ambulance by its employee or	642
agent, if this division grants the employee or agent immunity from	643
civil liability for the injury, death, or loss.	644

(E) An employee or agent of an emergency medical service	645
organization who receives requests for emergency medical services	646
that are directed to the organization, dispatches first	647
responders, EMTs-basic, EMTs-I, or paramedics in response to those	648
requests, communicates those requests to those employees or agents	649
of the organization who are authorized to dispatch first	650
responders, EMTs-basic, EMTs-I, or paramedics, or performs any	651
combination of these functions for the organization, is not liable	652
in damages in a civil action for injury, death, or loss to person	653
or property resulting from the individual's acts or omissions in	654
the performance of those duties for the organization, unless an	655
act or omission constitutes willful or wanton misconduct.	656

(F) A person who is performing the functions of a first	657
responder, EMT-basic, EMT-I, or paramedic under the authority of	658
the laws of a state that borders this state and who provides	659
emergency medical services to or transportation of a patient in	660
this state is not liable in damages in a civil action for injury,	661
death, or loss to person or property resulting from the person's	662
administration of emergency medical services, unless the services	663
are administered in a manner that constitutes willful or wanton	664
misconduct. A physician or registered nurse designated by a	665
physician, who is licensed to practice in the adjoining state and	666
who is advising or assisting in the emergency medical services by	667
means of any communication device or telemetering system is not	668
liable in damages in a civil action for injury, death, or loss to	669
person or property resulting from the person's advisory	670
communication or assistance, unless the advisory communication or	671
assistance is provided in a manner that constitutes willful or	672
wanton misconduct.	673

(G) A person certified under section 4765.23 of the Revised	674
Code to teach in an emergency medical services training program or	675
emergency medical services continuing education program, and a	676
person who teaches at the Ohio fire academy established under	677
section 3737.33 of the Revised Code or in a fire service training	678
program described in division (B)(A) of section 4765.55 of the	679
Revised Code, is not liable in damages in a civil action for	680
injury, death, or loss to person or property resulting from the	681
person's acts or omissions in the performance of the person's	682
duties, unless an act or omission constitutes willful or wanton	683
misconduct.	684

(H) In the accreditation of emergency medical services	685
training programs or approval of emergency medical services	686
continuing education programs, the state board of emergency	687
medical services and any person or entity authorized by the board	688
to evaluate applications for accreditation or approval are not	689
liable in damages in a civil action for injury, death, or loss to	690
person or property resulting from their acts or omissions in the	691
performance of their duties, unless an act or omission constitutes	692
willful or wanton misconduct.	693

(I) A person authorized by an emergency medical service	694
organization to review the performance of first responders,	695
EMTs-basic, EMTs-I, and paramedics or to administer quality	696
assurance programs is not liable in damages in a civil action for	697
injury, death, or loss to person or property resulting from the	698
person's acts or omissions in the performance of the person's	699
duties, unless an act or omission constitutes willful or wanton	700
misconduct.	701

Sec. 4765.55.  (A) This section does not apply to a	702
cooperative education school district.	703

(B) The executive director of the state board of emergency	704
medical services shall, with the advice and counsel of the	705
firefighter and fire safety inspector training committee of the	706
state board of emergency medical services, shall assist in the	707
establishment and maintenance by any state agency, or any county,	708
township, city, village, school district, or educational service	709
center of a fire service training program for the training of all	710
paid andpersons in positions of any certification level approved	711
by the executive director, including full-time paid firefighters,	712
part-time paid firefighters, volunteer firefighters and, fire	713
safety inspectors in this state. The executive director, with the	714
advice and counsel of the committee, shall adopt standardsrules	715
to regulate such firefighter and fire safety inspector training	716
programs, and other training programs approved by the executive	717
director. The standardsrules may include, but need not be limited	718
to, provisions for minimum courses of studytraining curriculum,	719
certification examinations, training schedules, minimum hours of	720
instruction, attendance requirements, required equipment and	721
facilities, qualifications of instructors, basic physical	722
requirements and methods of training for all persons in positions	723
of any certification level approved by the executive director,	724
including full-time paid firefighters, part-time paid	725
firefighters, volunteer firefighters, and fire safety inspectors,	726
and training schedules. The standardsrules adopted to regulate	727
training programs for volunteer firefighters shall not require	728
more than thirty-six hours of training. The executive director,	729
with the advice and counsel of the committee, shall provide for	730
the classification and chartering of such training programs in	731
accordance with rules adopted under division (B) of this section,	732
and may revoketake action against any charterchartered training	733
program or applicant, in accordance with rules adopted under	734
divisions (B)(4) and (5) of this section, for failure to meet	735
standards set by the adopted rules.	736

(C)(B) The executive director, with the advice and counsel of	737
the firefighter and fire inspector training committee of the state	738
board of emergency medical services, shall adopt, and may amend or	739
rescind, rules under Chapter 119. of the Revised Code that	740
establish all of the following:	741

(1) Requirements for, and procedures for chartering, the	742
training programs regulated by this section;	743

(2) Requirements for, and requirements and procedures for	744
obtaining and renewing, a certificate to teach the training	745
programs regulated by this section;	746

(3) Requirements for, and requirements and procedures for	747
obtaining and renewing, any of the certificates to practice	748
regulated by this section;	749

(4) Grounds and procedures for suspending, revoking,	750
restricting, or refusing to issue or renew, any of the	751
certificates or charters regulated by this section and for taking	752
other disciplinary actions against the holders of the certificates	753
and charters;	754

(5) Grounds and procedures for imposing and collecting fines,	755
not to exceed one thousand dollars, on persons holding	756
certificates and charters regulated by this section, the fines to	757
be deposited into the trauma and emergency medical services fund	758
established under section 4513.263 of the Revised Code;	759

(6) Continuing education requirements for certificate	760
holders;	761

(7) Procedures for considering the granting of an extension	762
or exemption of fire service continuing education requirements;	763

(8) Certification cycles for which the certificates and	764
charters regulated by this section are valid.	765

(C) The executive director, with the advice and counsel of	766
the firefighter and fire inspector training committee of the state	767
board of emergency medical services, shall issue or renew a	768
certificate to teach the training programs and continuing	769
education classes regulated by this section to any applicant that	770
the executive director determines meets the qualifications	771
established in rules adopted under division (B) of this section,	772
and may take disciplinary action against a certificate holder or	773
applicant in accordance with rules adopted under division (B) of	774
this section. The executive director, with the advice and counsel	775
of the committee, shall charter or renew the charter of any	776
training program that the executive director determines meets the	777
qualifications established in rules adopted under division (B) of	778
this section, and may take disciplinary action against the holder	779
of a charter in accordance with rules adopted under division (B)	780
of this section.	781

(D) The executive director shall issue or renew a certificate	782
to practice as a firefighter, fire safety inspector, or in another	783
position of any certification level approved by the executive	784
director, to any applicant that the executive director determines	785
meets the qualifications established in rules adopted under	786
division (B) of this section, and may take disciplinary actions	787
against a certificate holder or applicant in accordance with rules	788
adopted under division (B) of this section.	789

(E) Certificates issued under this divisionsection shall be	790
on a form prescribed by the executive director, with the advice	791
and counsel of the firefighter and fire inspector training	792
committee of the state board of emergency medical services.	793

(1) The executive director shall issue a certificate to each	794
person satisfactorily completing a chartered training program.	795

(2)(F)(1) The executive director, with the committee's advice	796
and counsel of the firefighter and fire inspector training	797
committee of the state board of emergency medical services, shall	798
establish criteria for evaluating the standards maintained by	799
other states and the branches of the United States military for	800
firefighter, fire safety inspector, and fire instructor training	801
programs, and other training programs recognized by the executive	802
director, to determine whether the standards are equivalent to	803
those established under this section and shall establish	804
requirements and procedures for issuing a certificate to each	805
person who presents proof to the executive director of having	806
satisfactorily completed a training program that meets those	807
standards.	808

(3)(2) The executive director, with the committee's advice	809
and counsel, shall establishadopt rules establishing requirements	810
and procedures for issuing a certificate in lieu of completing a	811
chartered firefighter training program to any person requesting a	812
certificate who began serving as a permanent full-time paid	813
firefighter with the fire department of a city or village prior to	814
July 2, 1970, or as a volunteer firefighter with the fire	815
department of a township, fire district, city, or village prior to	816
July 2, 1979.	817

(D)(G) Nothing in this section invalidates any other section	818
of the Revised Code relating to the fire training academy. Section	819
4765.11 of the Revised Code does not affect any powers and duties	820
granted to the executive director under this section.	821

Section 2.  That existing sections 505.38, 737.08, 737.22,	822
3737.66, 4765.01, 4765.04, 4765.49, and 4765.55 of the Revised	823
Code are hereby repealed.	824

Section 3. The Executive Director of the State Board of	825
Emergency Medical Services shall adopt the rules required by this	826
act within twelve months after the act's effective date. The	827
Executive Director shall phase in the renewal of current	828
certificates over a twelve-month period following the rules'	829
effective date in accordance with a schedule determined by the	830
Executive Director.	831

Section 4.  Section 505.38 of the Revised Code is presented	832
in this act as a composite of the section as amended by both Am.	833
H.B. 515 and Sub. S.B. 245 of the 124th General Assembly. The	834
General Assembly, applying the principle stated in division (B) of	835
section 1.52 of the Revised Code that amendments are to be	836
harmonized if reasonably capable of simultaneous operation, finds	837
that the composite is the resulting version of the section in	838
effect prior to the effective date of the section as presented in	839
this act.	840