As Passed by the House

126th General Assembly
Regular Session
2005-2006
Sub. H. B. No. 401


Representatives Law, Flowers, Coley, Uecker, Patton, S., Bubp, Evans, D., Key, Perry, Sayre, Blessing, Book, Brown, DeBose, Distel, Dolan, Domenick, Driehaus, Fende, Hagan, Harwood, Hughes, Koziura, Martin, McGregor, J., Otterman, Patton, T., Reed, Reidelbach, Schaffer, Setzer, Smith, G., Stewart, D., Wagoner, Widener, Williams, Yuko 



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 has8
a fire department, the head of the department shall be a fire9
chief, appointed by the board of township trustees, except that,10
in a joint fire district, the fire chief shall be appointed by the11
board of fire district trustees. Neither this section nor any12
other section of the Revised Code requires, or shall be construed13
to require, that the fire chief be a resident of the township or14
fire district.15

       The board shall provide for the employment of firefighters as 16
it considers best and shall fix their compensation. No person17
shall be appointed as a permanent full-time paid member, whose18
duties include fire fighting, of the fire department of any19
township or fire district unless that person has received a20
certificate issued under former section 3303.07 or section 4765.5521
of the Revised Code evidencing satisfactory completion of a22
firefighter training program. Those appointees shall continue in23
office until removed from office as provided by sections 733.35 to24
733.39 of the Revised Code. To initiate removal proceedings, and25
for that purpose, the board shall designate the fire chief or a 26
private citizen to investigate the conduct and prepare the27
necessary charges in conformity with those sections.28

       In case of the removal of a fire chief or any member of the29
fire department of a township or fire district, an appeal may be30
had from the decision of the board to the court of common pleas of31
the county in which the township or fire district fire department32
is situated to determine the sufficiency of the cause of removal. 33
The appeal from the findings of the board shall be taken within34
ten days.35

       No person who is appointed as a volunteer firefighter of the36
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 has39
received a certificate issued under former section 3303.07 of the40
Revised Code or division (C)(1) or (2) of section 4765.55 of the41
Revised Code evidencing satisfactory completion of a firefighter42
training program.43

       (2) The person began serving as a permanent full-time paid44
firefighter with the fire department of a city or village prior to45
July 2, 1970, or as a volunteer firefighter with the fire46
department of a city, village, or other township or fire district47
prior to July 2, 1979, and receives a certificate issued under48
division (C)(3) of section 4765.55 of the Revised Code.49

       No person shall receive an appointment under this section, in50
the case of a volunteer firefighter, unless the person has, not51
more than sixty days prior to receiving the appointment, passed a52
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 as57
established by the board of township trustees having jurisdiction58
over the appointment. The appointing authority, prior to making an59
appointment, shall file with the Ohio police and fire pension fund60
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 board67
of township trustees shall appoint a fire prevention officer who68
shall exercise all of the duties of a fire chief except those69
involving the maintenance and operation of fire apparatus. The70
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 any81
township that has a population of ten thousand or more persons82
residing within the township and outside of any municipal83
corporation, that has its own fire department employing ten or84
more full-time paid employees, and that has a civil service85
commission established under division (B) of section 124.40 of the86
Revised Code. The township shall comply with the procedures for87
the employment, promotion, and discharge of firefighters provided88
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 may91
appoint the fire chief, and any person so appointed shall be in92
the unclassified service under section 124.11 of the Revised Code93
and shall serve at the pleasure of the board. Neither this section94
nor any other section of the Revised Code requires, or shall be95
construed to require, that the fire chief be a resident of the96
township. A person who is appointed fire chief under these97
conditions and who is removed by the board or resigns from the98
position is entitled to return to the classified service in the99
township fire department in the position held just prior to the100
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 and107
conditions of employment not in conflict with Chapter 124. of the108
Revised Code.109

       (5) No person shall receive an original appointment as a110
permanent full-time paid member of the fire department of the111
township described in this division unless the person has received112
a certificate issued under former section 3303.07 or section113
4765.55 of the Revised Code evidencing the satisfactory completion114
of a firefighter training program.115

       (6) Persons employed as firefighters in the township116
described in this division on the date a civil service commission117
is appointed pursuant to division (B) of section 124.40 of the118
Revised Code, without being required to pass a competitive119
examination or a firefighter training program, shall retain their120
employment and any rank previously granted them by action of the121
board of township trustees or otherwise, but those persons are122
eligible for promotion only by compliance with Chapter 124. of the123
Revised Code.124

       Sec. 737.08.  (A) The fire department of each city shall be125
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) of135
section 4765.55 of the Revised Code evidencing satisfactory136
completion of a firefighter training program.137

       (2) The person began serving as a permanent full-time paid138
firefighter with the fire department of a village or other city139
prior to July 2, 1970, and receives a fire training certificate 140
issued under division (C)(3) of section 4765.55 of the Revised 141
Code.142

       (C) No person who is appointed as a volunteer firefighter of143
a city fire department shall remain in that position, unless 144
either of the following applies:145

       (1) Within one year of the appointment, the person has146
received a certificate issued under former section 3303.07 of the147
Revised Code or division (C)(1) or (2) of section 4765.55 of the148
Revised Code evidencing satisfactory completion of a firefighter149
training program.150

       (2) The person began serving as a permanent full-time paid151
firefighter with the fire department of a village or other city152
prior to July 2, 1970, or as a volunteer firefighter with the fire153
department of a township, fire district, village, or other city154
prior to July 2, 1979, and receives a fire training certificate 155
issued under division (C)(3) of section 4765.55 of the Revised 156
Code.157

       (D) The director of public safety shall have the exclusive158
management and control of other surgeons, secretaries, clerks, and 159
employees provided for by ordinance or resolution of the 160
legislative authority of the city.161

       Sec. 737.22.  (A) Each village establishing a fire department162
shall have a fire chief as the department's head, appointed by the163
mayor with the advice and consent of the legislative authority of164
the village, who shall continue in office until removed from 165
office as provided by sections 733.35 to 733.39 of the Revised 166
Code. Neither this section nor any other section of the Revised 167
Code requires, or shall be construed to require, that the fire 168
chief be a resident of the village.169

       In each village not having a fire department, the mayor170
shall, with the advice and consent of the legislative authority of171
the village, appoint a fire prevention officer who shall exercise172
all of the duties of a fire chief except those involving the173
maintenance and operation of fire apparatus.174

       The legislative authority of the village may fix the175
compensation it considers best. The appointee shall continue in176
office until removed from office as provided by sections 733.35 to 177
733.39 of the Revised Code. Section 737.23 of the Revised Code178
shall extend to the officer.179

       (B) The legislative authority of the village may provide for180
the appointment of permanent full-time paid firefighters as it 181
considers best and fix their compensation, or for the services of182
volunteer firefighters, who shall be appointed by the mayor with183
the advice and consent of the legislative authority, and shall184
continue in office until removed from office.185

       (1) No person shall be appointed as a permanent full-time186
paid firefighter of a village fire department, unless either of187
the following applies:188

       (a) The person has received a certificate issued under former 189
section 3303.07 of the Revised Code or division (C)(1) or (2) of190
section 4765.55 of the Revised Code evidencing satisfactory191
completion of a firefighter training program.192

       (b) The person began serving as a permanent full-time paid193
firefighter with the fire department of a city or other village194
prior to July 2, 1970, and receives a fire training certificate 195
issued under division (C)(3) of section 4765.55 of the Revised 196
Code.197

       (2) No person who is appointed as a volunteer firefighter of198
a village fire department shall remain in that position, unless199
either of the following applies:200

       (a) Within one year of the appointment, the person has201
received a certificate issued under former section 3303.07 or202
section 4765.55 of the Revised Code evidencing satisfactory203
completion of a firefighter training program.204

       (b) The person has served as a permanent full-time paid205
firefighter with the fire department of a city or other village206
prior to July 2, 1970, or as a volunteer firefighter with the fire207
department of a city, township, fire district, or other village208
prior to July 2, 1979, and receives a certificate issued under209
division (C)(3) of section 4765.55 of the Revised Code.210

       (3) No person shall receive an appointment under this section 211
unless the person has, not more than sixty days prior to receiving 212
the appointment, passed a physical examination, given by a 213
licensed physician, a physician assistant, a clinical nurse214
specialist, a certified nurse practitioner, or a certified215
nurse-midwife, showing that the person meets the physical216
requirements necessary to perform the duties of the position to217
which the person is to be appointed as established by the218
legislative authority of the village. The appointing authority219
shall, prior to making an appointment, file with the Ohio police220
and fire pension fund or the local volunteer fire fighters'221
dependents fund board a copy of the report or findings of that222
licensed physician, physician assistant, clinical nurse223
specialist, certified nurse practitioner, or certified224
nurse-midwife. The professional fee for the physical examination225
shall be paid for by the legislative authority of the village.226

       Sec. 3737.66.  (A) As used in this section, "firefighting 227
agency" and "private fire company" have the same meanings as in228
section 9.60 of the Revised Code.229

       (B) No person shall claim to the public to be or act as a230
firefighter, volunteer firefighter, member of a fire department,231
chief of a fire department, or fire prevention officer unless at232
least one of the following applies:233

       (1) Thethe person is recognized as a firefighter, volunteer234
firefighter, member of a fire department, member of a private fire 235
company, chief of a fire department, or fire prevention officer by 236
the fire marshal or has received a certificate issued under former237
section 3303.07 or section 4765.55 of the Revised Code evidencing238
satisfactory completion of a firefighter training program and has 239
been appointed by the governing board of a firefighting agency or, 240
in the case of a volunteer firefighter, receives such a 241
certificate within one year after appointment by the governing 242
board of a firefighting agency;243

       (2) The person is a member of a private fire company and that244
company is providing fire protection in accordance with division245
(B), (C), or (D) of section 9.60 of the Revised Code.246

       Sec. 4765.01.  As used in this chapter:247

       (A) "First responder" means an individual who holds a248
current, valid certificate issued under section 4765.30 of the249
Revised Code to practice as a first responder.250

       (B) "Emergency medical technician-basic" or "EMT-basic" means 251
an individual who holds a current, valid certificate issued under 252
section 4765.30 of the Revised Code to practice as an emergency 253
medical technician-basic.254

       (C) "Emergency medical technician-intermediate" or "EMT-I"255
means an individual who holds a current, valid certificate issued256
under section 4765.30 of the Revised Code to practice as an257
emergency medical technician-intermediate.258

       (D) "Emergency medical technician-paramedic" or "paramedic"259
means an individual who holds a current, valid certificate issued260
under section 4765.30 of the Revised Code to practice as an261
emergency medical technician-paramedic.262

       (E) "Ambulance" means any motor vehicle that is used, or is263
intended to be used, for the purpose of responding to emergency264
medical situations, transporting emergency patients, and265
administering emergency medical service to patients before,266
during, or after transportation.267

       (F) "Cardiac monitoring" means a procedure used for the268
purpose of observing and documenting the rate and rhythm of a269
patient's heart by attaching electrical leads from an270
electrocardiograph monitor to certain points on the patient's body271
surface.272

       (G) "Emergency medical service" means any of the services273
described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of274
the Revised Code that are performed by first responders, emergency275
medical technicians-basic, emergency medical276
technicians-intermediate, and paramedics. "Emergency medical277
service" includes such services performed before or during any278
transport of a patient, including transports between hospitals and279
transports to and from helicopters.280

       (H) "Emergency medical service organization" means a public281
or private organization using first responders, EMTs-basic,282
EMTs-I, or paramedics, or a combination of first responders,283
EMTs-basic, EMTs-I, and paramedics, to provide emergency medical284
services.285

       (I) "Physician" means an individual who holds a current,286
valid certificate issued under Chapter 4731. of the Revised Code287
authorizing the practice of medicine and surgery or osteopathic288
medicine and surgery.289

       (J) "Registered nurse" means an individual who holds a290
current, valid license issued under Chapter 4723. of the Revised291
Code authorizing the practice of nursing as a registered nurse.292

       (K) "Volunteer" means a person who provides services either293
for no compensation or for compensation that does not exceed the294
actual expenses incurred in providing the services or in training295
to provide the services.296

       (L) "Emergency medical service personnel" means first297
responders, emergency medical service technicians-basic, emergency298
medical service technicians-intermediate, emergency medical299
service technicians-paramedic, and persons who provide medical300
direction to such persons.301

       (M) "Hospital" has the same meaning as in section 3727.01 of302
the Revised Code.303

       (N) "Trauma" or "traumatic injury" means severe damage to or304
destruction of tissue that satisfies both of the following305
conditions:306

       (1) It creates a significant risk of any of the following:307

       (a) Loss of life;308

       (b) Loss of a limb;309

       (c) Significant, permanent disfigurement;310

       (d) Significant, permanent disability.311

       (2) It is caused by any of the following:312

       (a) Blunt or penetrating injury;313

       (b) Exposure to electromagnetic, chemical, or radioactive314
energy;315

       (c) Drowning, suffocation, or strangulation;316

       (d) A deficit or excess of heat.317

       (O) "Trauma victim" or "trauma patient" means a person who318
has sustained a traumatic injury.319

       (P) "Trauma care" means the assessment, diagnosis,320
transportation, treatment, or rehabilitation of a trauma victim by321
emergency medical service personnel or by a physician, nurse,322
physician assistant, respiratory therapist, physical therapist,323
chiropractor, occupational therapist, speech-language pathologist,324
audiologist, or psychologist licensed to practice as such in this325
state or another jurisdiction.326

       (Q) "Trauma center" means all of the following:327

       (1) Any hospital that is verified by the American college of328
surgeons as an adult or pediatric trauma center;329

       (2) Any hospital that is operating as an adult or pediatric330
trauma center under provisional status pursuant to section331
3727.101 of the Revised Code;332

       (3) Until December 31, 2004, any hospital in this state that333
is designated by the director of health as a level II pediatric334
trauma center under section 3727.081 of the Revised Code;335

       (4) Any hospital in another state that is licensed or336
designated under the laws of that state as capable of providing337
specialized trauma care appropriate to the medical needs of the338
trauma patient.339

       (R) "Pediatric" means involving a patient who is less than340
sixteen years of age.341

       (S) "Adult" means involving a patient who is not a pediatric342
patient.343

       (T) "Geriatric" means involving a patient who is at least344
seventy years old or exhibits significant anatomical or345
physiological characteristics associated with advanced aging.346

       (U) "Air medical organization" means an organization that347
provides emergency medical services, or transports emergency348
victims, by means of fixed or rotary wing aircraft.349

       (V) "Emergency care" and "emergency facility" have the same350
meanings as in section 3727.01 of the Revised Code.351

       (W) "Stabilize," except as it is used in division (B) of352
section 4765.35 of the Revised Code with respect to the manual353
stabilization of fractures, has the same meaning as in section354
1753.28 of the Revised Code.355

       (X) "Transfer" has the same meaning as in section 1753.28 of356
the Revised Code.357

       (Y) "Firefighter" means any member of a fire department as 358
defined in section 742.01 of the Revised Code.359

       (Z) "Volunteer firefighter" has the same meaning as in 360
section 146.01 of the Revised Code.361

       (AA) "Part-time paid firefighter" means a person who provides 362
firefighting services on less than a full-time basis, is routinely 363
scheduled to be present on site at a fire station or other 364
designated location for purposes of responding to a fire or other 365
emergency, and receives more than nominal compensation for the 366
provision of firefighting services.367

       Sec. 4765.04.  (A) The firefighter and fire safety inspector368
training committee of the state board of emergency medical369
services is hereby created and shall consist of the members of the370
board who are chiefs of fire departments, and the members of the371
board who are emergency medical technicians-basic, emergency372
medical technicians-intermediate, and emergency medical373
technicians-paramedic appointed from among persons nominated by374
the Ohio association of professional fire fighters or the northern375
Ohio fire fighters and from among persons nominated by the Ohio376
state firefighter's association. Each member of the committee,377
except the chairperson, may designate a person with fire378
experience to serve in that member's place. The members of the379
committee or their designees shall select a chairperson from among380
the members or their designees.381

       The committee may conduct investigations in the course of 382
discharging its duties under this chapter. In the course of an 383
investigation, the committee may issue subpoenas. If a person 384
subpoenaed fails to comply with the subpoena, the committee may 385
authorize its chairperson to apply to the court of common pleas in 386
the county where the person to be subpoenaed resides for an order 387
compelling compliance in the same manner as compliance with a 388
subpoena issued by the court is compelled.389

       (B) The trauma committee of the state board of emergency390
medical services is hereby created and shall consist of the391
following members appointed by the director of public safety:392

       (1) A physician who is certified by the American board of393
surgery or American osteopathic board of surgery and actively394
practices general trauma surgery, appointed from among three395
persons nominated by the Ohio chapter of the American college of396
surgeons, three persons nominated by the Ohio state medical397
association, and three persons nominated by the Ohio osteopathic398
association;399

       (2) A physician who is certified by the American board of400
surgery or the American osteopathic board of surgery and actively401
practices orthopedic trauma surgery, appointed from among three402
persons nominated by the Ohio orthopedic society and three persons403
nominated by the Ohio osteopathic association;404

       (3) A physician who is certified by the American board of405
neurological surgeons or the American osteopathic board of surgery406
and actively practices neurosurgery on trauma victims, appointed407
from among three persons nominated by the Ohio state neurological408
society and three persons nominated by the Ohio osteopathic409
association;410

       (4) A physician who is certified by the American board of411
surgeons or American osteopathic board of surgeons and actively412
specializes in treating burn victims, appointed from among three413
persons nominated by the Ohio chapter of the American college of414
surgeons and three persons nominated by the Ohio osteopathic415
association;416

       (5) A dentist who is certified by the American board of oral417
and maxillofacial surgery and actively practices oral and418
maxillofacial surgery, appointed from among three persons419
nominated by the Ohio dental association;420

       (6) A physician who is certified by the American board of421
physical medicine and rehabilitation or American osteopathic board422
of rehabilitation medicine and actively provides rehabilitative423
care to trauma victims, appointed from among three persons424
nominated by the Ohio society of physical medicine and425
rehabilitation and three persons nominated by the Ohio osteopathic426
association;427

       (7) A physician who is certified by the American board of428
surgery or American osteopathic board of surgery with special429
qualifications in pediatric surgery and actively practices430
pediatric trauma surgery, appointed from among three persons431
nominated by the Ohio chapter of the American academy of432
pediatrics and three persons nominated by the Ohio osteopathic433
association;434

       (8) A physician who is certified by the American board of435
emergency medicine or American osteopathic board of emergency436
medicine, actively practices emergency medicine, and is actively437
involved in emergency medical services, appointed from among three438
persons nominated by the Ohio chapter of the American college of439
emergency physicians and three persons nominated by the Ohio440
osteopathic association;441

       (9) A physician who is certified by the American board of442
pediatrics, American osteopathic board of pediatrics, or American443
board of emergency medicine, is sub-boarded in pediatric emergency444
medicine, actively practices pediatric emergency medicine, and is445
actively involved in emergency medical services, appointed from446
among three persons nominated by the Ohio chapter of the American447
academy of pediatrics, three persons nominated by the Ohio chapter448
of the American college of emergency physicians, and three persons449
nominated by the Ohio osteopathic association;450

       (10) A physician who is certified by the American board of451
surgery, American osteopathic board of surgery, or American board452
of emergency medicine and is the chief medical officer of an air453
medical organization, appointed from among three persons nominated454
by the Ohio association of air medical services;455

       (11) A coroner or medical examiner appointed from among three 456
people nominated by the Ohio state coroners' association;457

       (12) A registered nurse who actively practices trauma nursing 458
at an adult or pediatric trauma center, appointed from among three459
persons nominated by the Ohio association of trauma nurse 460
coordinators;461

       (13) A registered nurse who actively practices emergency462
nursing and is actively involved in emergency medical services,463
appointed from among three persons nominated by the Ohio chapter464
of the emergency nurses' association;465

       (14) The chief trauma registrar of an adult or pediatric466
trauma center, appointed from among three persons nominated by the467
alliance of Ohio trauma registrars;468

       (15) The administrator of an adult or pediatric trauma469
center, appointed from among three persons nominated by OHA: the470
association for hospitals and health systems, three persons471
nominated by the Ohio osteopathic association, three persons472
nominated by the association of Ohio children's hospitals, and473
three persons nominated by the health forum of Ohio;474

       (16) The administrator of a hospital that is not a trauma475
center and actively provides emergency care to adult or pediatric476
trauma patients, appointed from among three persons nominated by477
OHA: the association for hospitals and health systems, three478
persons nominated by the Ohio osteopathic association, three479
persons nominated by the association of Ohio children's hospitals,480
and three persons nominated by the health forum of Ohio;481

       (17) The operator of an ambulance company that actively482
provides trauma care to emergency patients, appointed from among483
three persons nominated by the Ohio ambulance association;484

       (18) The chief of a fire department that actively provides485
trauma care to emergency patients, appointed from among three486
persons nominated by the Ohio fire chiefs' association;487

       (19) An EMT or paramedic who is certified under this chapter488
and actively provides trauma care to emergency patients, appointed489
from among three persons nominated by the Ohio association of490
professional firefighters, three persons nominated by the northern491
Ohio fire fighters, three persons nominated by the Ohio state492
firefighters' association, and three persons nominated by the Ohio493
association of emergency medical services;494

       (20) A person who actively advocates for trauma victims,495
appointed from three persons nominated by the Ohio brain injury496
association and three persons nominated by the governor's council497
on people with disabilities;498

       (21) A physician or nurse who has substantial administrative499
responsibility for trauma care provided in or by an adult or500
pediatric trauma center, appointed from among three persons501
nominated by OHA: the association for hospitals and health502
systems, three persons nominated by the Ohio osteopathic503
association, three persons nominated by the association of Ohio504
children's hospitals, and three persons nominated by the health505
forum of Ohio;506

       (22) Three representatives of hospitals that are not trauma507
centers and actively provide emergency care to trauma patients,508
appointed from among three persons nominated by OHA: the509
association for hospitals and health systems, three persons510
nominated by the Ohio osteopathic association, three persons511
nominated by the association of Ohio children's hospitals, and512
three persons nominated by the health forum of Ohio. The513
representatives may be hospital administrators, physicians,514
nurses, or other clinical professionals.515

       Members of the committee shall have substantial experience in516
the categories they represent, shall be residents of this state,517
and may be members of the state board of emergency medical518
services. In appointing members of the committee, the director519
shall attempt to include members representing urban and rural520
areas, various geographical areas of the state, and various521
schools of training. The director shall not appoint to the522
committee more than one member who is employed by or practices at523
the same hospital, health system, or emergency medical service524
organization.525

       The director may refuse to appoint any of the persons526
nominated by an organization or organizations under this division.527
In that event, the organization or organizations shall continue to528
nominate the required number of persons until the director529
appoints to the committee one or more of the persons nominated by530
the organization or organizations.531

       Initial appointments to the committee shall be made by the532
director not later than ninety days after November 3, 2000.533
Members of the committee shall serve at the pleasure of the534
director, except that any member of the committee who ceases to be535
qualified for the position to which the member was appointed shall536
cease to be a member of the committee. Vacancies on the committee537
shall be filled in the same manner as original appointments.538

       The members of the committee shall serve without compensation539
but shall be reimbursed for actual and necessary expenses incurred540
in carrying out duties as members of the committee.541

       The committee shall select a chairperson and vice-chairperson542
from among its members. A majority of all members of the committee 543
shall constitute a quorum. No action shall be taken without the544
concurrence of a majority of all members of the committee. The545
committee shall meet at the call of the chair, upon written546
request of five members of the committee, and at the direction of 547
the state board of emergency medical services. The committee shall 548
not meet at times or locations that conflict with meetings of the 549
board. The executive director and medical director of the state 550
board of emergency medical services may participate in any meeting 551
of the committee and shall do so at the request of the committee.552

       The committee shall advise and assist the state board of553
emergency medical services in matters related to adult and554
pediatric trauma care and the establishment and operation of the555
state trauma registry. In matters relating to the state trauma556
registry, the board and the committee shall consult with trauma557
registrars from adult and pediatric trauma centers in the state.558
The committee may appoint a subcommittee to advise and assist with559
the trauma registry. The subcommittee may include persons with560
expertise relevant to the trauma registry who are not members of561
the board or committee.562

       (C) The state board of emergency medical services may appoint 563
other committees and subcommittees as it considers necessary.564

       (D) The state board of emergency medical services, and any of 565
its committees or subcommittees, may request assistance from any 566
state agency. The board and its committees and subcommittees may 567
permit persons who are not members of those bodies to participate 568
in deliberations of those bodies, but no person who is not a 569
member of the board shall vote on the board and no person who is 570
not a member of a committee created under division (A) or (B) of 571
this section shall vote on that committee.572

       (E) Sections 101.82 to 101.87 of the Revised Code do not573
apply to the committees established under division (A) or (B) of574
this section.575

       Sec. 4765.49.  (A) A first responder, emergency medical576
technician-basic, emergency medical technician-intermediate, or577
emergency medical technician-paramedic is not liable in damages in578
a civil action for injury, death, or loss to person or property579
resulting from the individual's administration of emergency580
medical services, unless the services are administered in a manner581
that constitutes willful or wanton misconduct. A physician or582
registered nurse designated by a physician, who is advising or583
assisting in the emergency medical services by means of any584
communication device or telemetering system, is not liable in585
damages in a civil action for injury, death, or loss to person or586
property resulting from the individual's advisory communication or587
assistance, unless the advisory communication or assistance is588
provided in a manner that constitutes willful or wanton589
misconduct. Medical directors and members of cooperating physician 590
advisory boards of emergency medical service organizations are not 591
liable in damages in a civil action for injury, death, or loss to 592
person or property resulting from their acts or omissions in the 593
performance of their duties, unless the act or omission 594
constitutes willful or wanton misconduct.595

       (B) A political subdivision, joint ambulance district, joint596
emergency medical services district, or other public agency, and597
any officer or employee of a public agency or of a private598
organization operating under contract or in joint agreement with599
one or more political subdivisions, that provides emergency600
medical services, or that enters into a joint agreement or a601
contract with the state, any political subdivision, joint602
ambulance district, or joint emergency medical services district603
for the provision of emergency medical services, is not liable in604
damages in a civil action for injury, death, or loss to person or605
property arising out of any actions taken by a first responder,606
EMT-basic, EMT-I, or paramedic working under the officer's or607
employee's jurisdiction, or for injury, death, or loss to person608
or property arising out of any actions of licensed medical609
personnel advising or assisting the first responder, EMT-basic,610
EMT-I, or paramedic, unless the services are provided in a manner611
that constitutes willful or wanton misconduct.612

       (C) A student who is enrolled in an emergency medical613
services training program accredited under section 4765.17 of the614
Revised Code or an emergency medical services continuing education615
program approved under that section is not liable in damages in a616
civil action for injury, death, or loss to person or property617
resulting from either of the following:618

       (1) The student's administration of emergency medical619
services or patient care or treatment, if the services, care, or620
treatment is administered while the student is under the direct621
supervision and in the immediate presence of an EMT-basic, EMT-I,622
paramedic, registered nurse, or physician and while the student is623
receiving clinical training that is required by the program,624
unless the services, care, or treatment is provided in a manner625
that constitutes willful or wanton misconduct;626

       (2) The student's training as an ambulance driver, unless the 627
driving is done in a manner that constitutes willful or wanton628
misconduct.629

       (D) An EMT-basic, EMT-I, paramedic, or other operator, who630
holds a valid commercial driver's license issued pursuant to631
Chapter 4506. of the Revised Code or driver's license issued632
pursuant to Chapter 4507. of the Revised Code and who is employed633
by an emergency medical service organization that is not owned or634
operated by a political subdivision as defined in section 2744.01635
of the Revised Code, is not liable in damages in a civil action636
for injury, death, or loss to person or property that is caused by637
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,638
or other operator while responding to or completing a call for639
emergency medical services, unless the operation constitutes640
willful or wanton misconduct or does not comply with the641
precautions of section 4511.03 of the Revised Code. An emergency642
medical service organization is not liable in damages in a civil643
action for any injury, death, or loss to person or property that644
is caused by the operation of an ambulance by its employee or645
agent, if this division grants the employee or agent immunity from646
civil liability for the injury, death, or loss.647

       (E) An employee or agent of an emergency medical service648
organization who receives requests for emergency medical services649
that are directed to the organization, dispatches first650
responders, EMTs-basic, EMTs-I, or paramedics in response to those 651
requests, communicates those requests to those employees or agents 652
of the organization who are authorized to dispatch first653
responders, EMTs-basic, EMTs-I, or paramedics, or performs any 654
combination of these functions for the organization, is not liable 655
in damages in a civil action for injury, death, or loss to person 656
or property resulting from the individual's acts or omissions in 657
the performance of those duties for the organization, unless an 658
act or omission constitutes willful or wanton misconduct.659

       (F) A person who is performing the functions of a first660
responder, EMT-basic, EMT-I, or paramedic under the authority of661
the laws of a state that borders this state and who provides662
emergency medical services to or transportation of a patient in663
this state is not liable in damages in a civil action for injury,664
death, or loss to person or property resulting from the person's665
administration of emergency medical services, unless the services666
are administered in a manner that constitutes willful or wanton667
misconduct. A physician or registered nurse designated by a668
physician, who is licensed to practice in the adjoining state and669
who is advising or assisting in the emergency medical services by670
means of any communication device or telemetering system is not671
liable in damages in a civil action for injury, death, or loss to672
person or property resulting from the person's advisory673
communication or assistance, unless the advisory communication or674
assistance is provided in a manner that constitutes willful or675
wanton misconduct.676

       (G) A person certified under section 4765.23 of the Revised677
Code to teach in an emergency medical services training program or678
emergency medical services continuing education program, and a679
person who teaches at the Ohio fire academy established under680
section 3737.33 of the Revised Code or in a fire service training681
program described in division (B)(A) of section 4765.55 of the682
Revised Code, is not liable in damages in a civil action for683
injury, death, or loss to person or property resulting from the684
person's acts or omissions in the performance of the person's685
duties, unless an act or omission constitutes willful or wanton686
misconduct.687

       (H) In the accreditation of emergency medical services688
training programs or approval of emergency medical services689
continuing education programs, the state board of emergency690
medical services and any person or entity authorized by the board691
to evaluate applications for accreditation or approval are not692
liable in damages in a civil action for injury, death, or loss to693
person or property resulting from their acts or omissions in the694
performance of their duties, unless an act or omission constitutes695
willful or wanton misconduct.696

       (I) A person authorized by an emergency medical service697
organization to review the performance of first responders,698
EMTs-basic, EMTs-I, and paramedics or to administer quality699
assurance programs is not liable in damages in a civil action for700
injury, death, or loss to person or property resulting from the701
person's acts or omissions in the performance of the person's702
duties, unless an act or omission constitutes willful or wanton703
misconduct.704

       Sec. 4765.55.  (A) This section does not apply to a705
cooperative education school district.706

       (B) The executive director of the state board of emergency707
medical services shall, with the advice and counsel of the708
firefighter and fire safety inspector training committee of the 709
state board of emergency medical services, shall assist in the710
establishment and maintenance by any state agency, or any county,711
township, city, village, school district, or educational service 712
center of a fire service training program for the training of all 713
paid andpersons in positions of any fire training certification 714
level approved by the executive director, including full-time paid 715
firefighters, part-time paid firefighters, volunteer firefighters 716
and, fire safety inspectors in this state. The executive director, 717
with the advice and counsel of the committee, shall adopt 718
standardsrules to regulate suchthose firefighter and fire safety719
inspector training programs, and other training programs approved 720
by the executive director. The standardsrules may include, but 721
need not be limited to, provisions for minimum courses of study722
training curriculum, certification examinations, training 723
schedules, minimum hours of instruction, attendance requirements, 724
required equipment and facilities, qualifications of instructors,725
basic physical requirements, and methods of training for all 726
persons in positions of any fire training certification level 727
approved by the executive director, including full-time paid 728
firefighters, part-time paid firefighters, volunteer firefighters,729
and fire safety inspectors, and training schedules. The standards730
rules adopted to regulate training programs for volunteer 731
firefighters shall not require more than thirty-six hours of 732
training. The733

       The executive director, with the advice and counsel of the734
committee, shall provide for the classification and chartering of 735
suchfire service training programs in accordance with rules 736
adopted under division (B) of this section, and may revoketake 737
action against any charterchartered training program or 738
applicant, in accordance with rules adopted under divisions (B)(4) 739
and (5) of this section, for failure to meet standards set by the 740
adopted rules. 741

       (C)(B) The executive director, with the advice and counsel of 742
the firefighter and fire safety inspector training committee of 743
the state board of emergency medical services, shall adopt, and 744
may amend or rescind, rules under Chapter 119. of the Revised Code 745
that establish all of the following:746

       (1) Requirements for, and procedures for chartering, the 747
training programs regulated by this section;748

       (2) Requirements for, and requirements and procedures for 749
obtaining and renewing, an instructor certificate to teach the 750
training programs and continuing education classes regulated by 751
this section;752

       (3) Requirements for, and requirements and procedures for 753
obtaining and renewing, any of the fire training certificates 754
regulated by this section;755

       (4) Grounds and procedures for suspending, revoking, 756
restricting, or refusing to issue or renew any of the certificates 757
or charters regulated by this section, which grounds shall be 758
limited to one of the following:759

        (a) Failure to satisfy the education or training requirements 760
of this section;761

        (b) Conviction of a felony offense;762

        (c) Conviction of a misdemeanor involving moral turpitude;763

        (d) Conviction of a misdemeanor committed in the course of 764
practice;765

        (e) In the case of a chartered training program or applicant, 766
failure to meet standards set by the rules adopted under this 767
division.768

       (5) Grounds and procedures for imposing and collecting fines, 769
not to exceed one thousand dollars, in relation to actions taken 770
under division (B)(4) of this section against persons holding 771
certificates and charters regulated by this section, the fines to 772
be deposited into the trauma and emergency medical services fund 773
established under section 4513.263 of the Revised Code;774

       (6) Continuing education requirements for certificate 775
holders, including a requirement that credit shall be granted for 776
in-service training programs conducted by local entities;777

       (7) Procedures for considering the granting of an extension 778
or exemption of fire service continuing education requirements;779

       (8) Certification cycles for which the certificates and 780
charters regulated by this section are valid.781

       (C) The executive director, with the advice and counsel of 782
the firefighter and fire safety inspector training committee of 783
the state board of emergency medical services, shall issue or 784
renew an instructor certificate to teach the training programs and 785
continuing education classes regulated by this section to any 786
applicant that the executive director determines meets the 787
qualifications established in rules adopted under division (B) of 788
this section, and may take disciplinary action against an 789
instructor certificate holder or applicant in accordance with 790
rules adopted under division (B) of this section. The executive 791
director, with the advice and counsel of the committee, shall 792
charter or renew the charter of any training program that the 793
executive director determines meets the qualifications established 794
in rules adopted under division (B) of this section, and may take 795
disciplinary action against the holder of a charter in accordance 796
with rules adopted under division (B) of this section.797

       (D) The executive director shall issue or renew a fire 798
training certificate for a firefighter, a fire safety inspector, 799
or another position of any fire training certification level 800
approved by the executive director, to any applicant that the 801
executive director determines meets the qualifications established 802
in rules adopted under division (B) of this section and may take 803
disciplinary actions against a certificate holder or applicant in 804
accordance with rules adopted under division (B) of this section.805

       (E) Certificates issued under this divisionsection shall be 806
on a form prescribed by the executive director, with the advice 807
and counsel of the firefighter and fire safety inspector training 808
committee of the state board of emergency medical services.809

       (1) The executive director shall issue a certificate to each 810
person satisfactorily completing a chartered training program.811

       (2)(F)(1) The executive director, with the committee's advice 812
and counsel of the firefighter and fire safety inspector training 813
committee of the state board of emergency medical services, shall814
establish criteria for evaluating the standards maintained by 815
other states and the branches of the United States military for816
firefighter, fire safety inspector, and fire instructor training 817
programs, and other training programs recognized by the executive 818
director, to determine whether the standards are equivalent to 819
those established under this section and shall establish820
requirements and procedures for issuing a certificate to each 821
person who presents proof to the executive director of having822
satisfactorily completed a training program that meets those 823
standards.824

       (3)(2) The executive director, with the committee's advice 825
and counsel, shall establishadopt rules establishing requirements 826
and procedures for issuing a fire training certificate in lieu of 827
completing a chartered firefighter training program to any person828
requesting a certificate who began serving as a permanent829
full-time paid firefighter with the fire department of a city or830
village prior to July 2, 1970, or as a volunteer firefighter with 831
the fire department of a township, fire district, city, or village 832
prior to July 2, 1979.833

       (D)(G) Nothing in this section invalidates any other section 834
of the Revised Code relating to the fire training academy. Section 835
4765.11 of the Revised Code does not affect any powers and duties 836
granted to the executive director under this section.837

       Section 2.  That existing sections 505.38, 737.08, 737.22, 838
3737.66, 4765.01, 4765.04, 4765.49, and 4765.55 of the Revised 839
Code are hereby repealed.840

       Section 3. The Executive Director of the State Board of 841
Emergency Medical Services shall adopt the rules required by this 842
act within twelve months after the act's effective date. The 843
Executive Director shall phase in the renewal of current 844
certificates over a twelve-month period following the rules' 845
effective date in accordance with a schedule determined by the 846
Executive Director.847

       Section 4.  Section 505.38 of the Revised Code is presented 848
in this act as a composite of the section as amended by both Am. 849
H.B. 515 and Sub. S.B. 245 of the 124th General Assembly. The 850
General Assembly, applying the principle stated in division (B) of 851
section 1.52 of the Revised Code that amendments are to be 852
harmonized if reasonably capable of simultaneous operation, finds 853
that the composite is the resulting version of the section in 854
effect prior to the effective date of the section as presented in 855
this act.856