As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 166

Representative Phillips 

Cosponsors: Representatives Murray, Carey, Garland, Clyde 

---

A BILL

To amend sections 4765.30 and 4765.55 of the Revised

1

Code to require the State Board of Emergency

2

Medical Services to notify EMS and firefighter

3

personnel in writing when their certifications are

4

due for renewal.

5

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

Section 1. That sections 4765.30 and 4765.55 of the Revised	6
Code be amended to read as follows:	7

Sec. 4765.30.  (A)(1) The state board of emergency medical	8
services shall issue a certificate to practice as a first	9
responder to an applicant who meets all of the following	10
conditions:	11

(a) Except as provided in division (A)(2) of this section, is	12
a volunteer for a nonprofit emergency medical service organization	13
or a nonprofit fire department;	14

(b) Holds the appropriate certificate of completion issued in	15
accordance with section 4765.24 of the Revised Code;	16

(c) Passes the appropriate examination conducted under	17
section 4765.29 of the Revised Code;	18

(d) Is not in violation of any provision of this chapter or	19
the rules adopted under it;	20

(e) Meets any other certification requirements established in	21
rules adopted under section 4765.11 of the Revised Code.	22

(2) The board may waive the requirement to be a volunteer for	23
a nonprofit entity if the applicant meets other requirements	24
established in rules adopted under division (B)(3) of section	25
4765.11 of the Revised Code relative to a person's eligibility to	26
practice as a first responder.	27

(B) The state board of emergency medical services shall issue	28
a certificate to practice as an emergency medical technician-basic	29
to an applicant who meets all of the following conditions:	30

(1) Holds a certificate of completion in emergency medical	31
services training-basic issued in accordance with section 4765.24	32
of the Revised Code;	33

(2) Passes the examination for emergency medical	34
technicians-basic conducted under section 4765.29 of the Revised	35
Code;	36

(3) Is not in violation of any provision of this chapter or	37
the rules adopted under it;	38

(4) Meets any other certification requirements established in	39
rules adopted under section 4765.11 of the Revised Code.	40

(C) The state board of emergency medical services shall issue	41
a certificate to practice as an emergency medical	42
technician-intermediate or emergency medical technician-paramedic	43
to an applicant who meets all of the following conditions:	44

(1) Holds a certificate to practice as an emergency medical	45
technician-basic;	46

(2) Holds the appropriate certificate of completion issued in	47
accordance with section 4765.24 of the Revised Code;	48

(3) Passes the appropriate examination conducted under	49
section 4765.29 of the Revised Code;	50

(4) Is not in violation of any provision of this chapter or	51
the rules adopted under it;	52

(5) Meets any other certification requirements established in	53
rules adopted under section 4765.11 of the Revised Code.	54

(D) A certificate to practice shall have a certification	55
cycle established by the board and may be renewed by the board	56
pursuant to rules adopted under section 4765.11 of the Revised	57
Code. Not later than sixty days prior to the expiration date of an	58
individual's certificate to practice, the board shall notify the	59
individual of the scheduled expiration by mailing a written	60
notification to the individual at the individual's residence.	61

An application for renewal shall be accompanied by the	62
appropriate renewal fee established in rules adopted under section	63
4765.11 of the Revised Code, unless the board waives the fee on	64
determining pursuant to those rules that the applicant cannot	65
afford to pay the fee. Except as provided in division (B) of	66
section 4765.31 of the Revised Code, the application shall include	67
evidence of either of the following:	68

(1) That the applicant received a certificate of completion	69
from the appropriate emergency medical services continuing	70
education program pursuant to section 4765.24 of the Revised Code;	71

(2) That the applicant has successfully passed an examination	72
that demonstrates the competence to have a certificate renewed	73
without completing an emergency medical services continuing	74
education program. The board shall approve such examinations in	75
accordance with rules adopted under section 4765.11 of the Revised	76
Code.	77

(E) The board shall not require an applicant for renewal of a	78
certificate to practice to take an examination as a condition of	79
renewing the certificate. This division does not preclude the use	80
of examinations by operators of approved emergency medical	81
services continuing education programs as a condition for issuance	82
of a certificate of completion in emergency medical services	83
continuing education.	84

Sec. 4765.55.  (A) The executive director of the state board	85
of emergency medical services, with the advice and counsel of the	86
firefighter and fire safety inspector training committee of the	87
state board of emergency medical services, shall assist in the	88
establishment and maintenance by any state agency, or any county,	89
township, city, village, school district, or educational service	90
center of a fire service training program for the training of all	91
persons in positions of any fire training certification level	92
approved by the executive director, including full-time paid	93
firefighters, part-time paid firefighters, volunteer firefighters,	94
and, fire safety inspectors in this state. The executive director,	95
with the advice and counsel of the committee, shall adopt rules to	96
regulate those firefighter and fire safety inspector training	97
programs, and other training programs approved by the executive	98
director. The rules may include, but need not be limited to,	99
training curriculum, certification examinations, training	100
schedules, minimum hours of instruction, attendance requirements,	101
required equipment and facilities, basic physical requirements,	102
and methods of training for all persons in positions of any fire	103
training certification level approved by the executive director,	104
including full-time paid firefighters, part-time paid	105
firefighters, volunteer firefighters, and fire safety inspectors.	106
The rules adopted to regulate training programs for volunteer	107
firefighters shall not require more than thirty-six hours of	108
training.	109

The executive director, with the advice and counsel of the	110
committee, shall provide for the classification and chartering of	111
fire service training programs in accordance with rules adopted	112
under division (B) of this section, and may take action against	113
any chartered training program or applicant, in accordance with	114
rules adopted under divisions (B)(4)(5) and (5)(6) of this	115
section, for failure to meet standards set by the adopted rules.	116

(B) The executive director, with the advice and counsel of	117
the firefighter and fire safety inspector training committee of	118
the state board of emergency medical services, shall adopt, and	119
may amend or rescind, rules under Chapter 119. of the Revised Code	120
that establish all of the following:	121

(1) Requirements for, and procedures for chartering, the	122
training programs regulated by this section;	123

(2) Requirements for, and requirements and procedures for	124
obtaining and renewing, an instructor certificate to teach the	125
training programs and continuing education classes regulated by	126
this section;	127

(3) Requirements for, and requirements and procedures for	128
obtaining and renewing, any of the fire training certificates	129
regulated by this section;	130

(4)(a) A requirement that the board mail written notification	131
to an individual at the individual's residence not later than	132
sixty days prior to the expiration date of the individual's fire	133
training certificate;	134

(b) A requirement that the board annually mail to the chief	135
of each fire department in the state, a list of fire training	136
certificate expiration dates for each individual providing	137
fire-fighting services in that department. As used in this	138
division, "fire department" has the meaning defined in section	139
146.01 of the Revised Code.	140

(5) Grounds and procedures for suspending, revoking,	141
restricting, or refusing to issue or renew any of the certificates	142
or charters regulated by this section, which grounds shall be	143
limited to one of the following:	144

(a) Failure to satisfy the education or training requirements	145
of this section;	146

(b) Conviction of a felony offense;

147

(c) Conviction of a misdemeanor involving moral turpitude;

148

(d) Conviction of a misdemeanor committed in the course of	149
practice;	150

(e) In the case of a chartered training program or applicant,	151
failure to meet standards set by the rules adopted under this	152
division.	153

(5)(6) Grounds and procedures for imposing and collecting	154
fines, not to exceed one thousand dollars, in relation to actions	155
taken under division (B)(4)(5) of this section against persons	156
holding certificates and charters regulated by this section, the	157
fines to be deposited into the trauma and emergency medical	158
services fund established under section 4513.263 of the Revised	159
Code;	160

(6)(7) Continuing education requirements for certificate	161
holders, including a requirement that credit shall be granted for	162
in-service training programs conducted by local entities;	163

(7)(8) Procedures for considering the granting of an	164
extension or exemption of fire service continuing education	165
requirements;	166

(8)(9) Certification cycles for which the certificates and	167
charters regulated by this section are valid.	168

(C) The executive director, with the advice and counsel of	169
the firefighter and fire safety inspector training committee of	170
the state board of emergency medical services, shall issue or	171
renew an instructor certificate to teach the training programs and	172
continuing education classes regulated by this section to any	173
applicant that the executive director determines meets the	174
qualifications established in rules adopted under division (B) of	175
this section, and may take disciplinary action against an	176
instructor certificate holder or applicant in accordance with	177
rules adopted under division (B) of this section. The executive	178
director, with the advice and counsel of the committee, shall	179
charter or renew the charter of any training program that the	180
executive director determines meets the qualifications established	181
in rules adopted under division (B) of this section, and may take	182
disciplinary action against the holder of a charter in accordance	183
with rules adopted under division (B) of this section.	184

(D) The executive director shall issue or renew a fire	185
training certificate for a firefighter, a fire safety inspector,	186
or another position of any fire training certification level	187
approved by the executive director, to any applicant that the	188
executive director determines meets the qualifications established	189
in rules adopted under division (B) of this section and may take	190
disciplinary actions against a certificate holder or applicant in	191
accordance with rules adopted under division (B) of this section.	192

(E) Certificates issued under this section shall be on a form	193
prescribed by the executive director, with the advice and counsel	194
of the firefighter and fire safety inspector training committee of	195
the state board of emergency medical services.	196

(F)(1) The executive director, with the advice and counsel of	197
the firefighter and fire safety inspector training committee of	198
the state board of emergency medical services, shall establish	199
criteria for evaluating the standards maintained by other states	200
and the branches of the United States military for firefighter,	201
fire safety inspector, and fire instructor training programs, and	202
other training programs recognized by the executive director, to	203
determine whether the standards are equivalent to those	204
established under this section and shall establish requirements	205
and procedures for issuing a certificate to each person who	206
presents proof to the executive director of having satisfactorily	207
completed a training program that meets those standards.	208

(2) The executive director, with the committee's advice and	209
counsel, shall adopt rules establishing requirements and	210
procedures for issuing a fire training certificate in lieu of	211
completing a chartered training program.	212

(G) Nothing in this section invalidates any other section of	213
the Revised Code relating to the fire training academy. Section	214
4765.11 of the Revised Code does not affect any powers and duties	215
granted to the executive director under this section.	216

Section 2. That existing sections 4765.30 and 4765.55 of the	217
Revised Code are hereby repealed.	218

Section 3. A volunteer firefighter whose fire training	219
certificate expired, who did not renew the certificate, and who	220
meets all of the following criteria is entitled to apply for and	221
obtain a fire training certificate in the same manner, and by	222
meeting the same requirements, as if the firefighter had applied	223
for renewal of the certificate before its expiration:	224

(1) The firefighter is a "volunteer firefighter" as defined	225
in section 4765.01 of the Revised Code;	226

(2) The firefighter received a certificate under former	227
section 3303.07 or section 4765.55 of the Revised Code;	228

(3) The firefighter was a duly appointed member of a fire	229
department; and	230

(4) The firefighter has provided to the Executive Director of	231
the State Board of Emergency Medical Services an affidavit stating	232
that the firefighter did not renew the firefighter's fire training	233
certificate because the firefighter was unaware of the requirement	234
to do so that was established by rule pursuant to Sub. H.B. 401 of	235
the 126th General Assembly.	236

This section expires six months after its effective date.

237