|
|
To amend sections 307.05, 307.051, 307.055, 505.37, | 1 |
505.375, 505.44, 505.72, 3354.121, 4503.49, | 2 |
4513.263, 4743.05, 4765.02, 4765.03, 4765.04, | 3 |
4765.05, 4765.06, 4765.07, 4765.08, 4765.09, | 4 |
4765.10, 4765.101, 4765.102, 4765.11, 4765.111, | 5 |
4765.112, 4765.113, 4765.114, 4765.115, 4765.116, | 6 |
4765.12, 4765.15, 4765.16, 4765.17, 4765.18, | 7 |
4765.22, 4765.23, 4765.28, 4765.29, 4765.30, | 8 |
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, | 9 |
4765.39, 4765.40, 4765.42, 4765.48, 4765.49, | 10 |
4765.55, 4765.56, 4766.01, 4766.03, 4766.04, | 11 |
4766.05, 4766.07, 4766.08, 4766.09, 4766.10, | 12 |
4766.11, 4766.12, 4766.13, 4766.15, 4766.22, | 13 |
5502.01, 5709.40, 5709.73, 5709.77, and 5913.11; | 14 |
and to repeal sections 4766.02 and 4766.20 of the | 15 |
Revised Code; to amend Section 205.10 of Am. Sub. | 16 |
H.B. 114 of the 129th General Assembly, as | 17 |
subsequently amended, to amend Section 335.10 of | 18 |
Am. Sub. H.B. 153 of the 129th General Assembly, | 19 |
and to amend Section 707.10 of Am. Sub. H.B. 487 | 20 |
of the 129th General Assembly to revise the Ohio | 21 |
Military Medal of Distinction law; to rename the | 22 |
State Board of Emergency Medical Services the | 23 |
"State Board of Emergency Medical, Fire, and | 24 |
Transportation Services"; to eliminate the Ohio | 25 |
Medical Transportation Board and assign its duties | 26 |
to the renamed State Board of Emergency Medical, | 27 |
Fire, and Transportation Services; to specify the | 28 |
membership of the renamed board; to allow certain | 29 |
community colleges to acquire, construct, and | 30 |
maintain housing and dining facilities; to specify | 31 |
that, with respect to tax increment financing | 32 |
(TIF), the base taxable value of an exempt | 33 |
improvement is the assessed value of the property | 34 |
appearing on the most recent tax list compiled | 35 |
before the TIF legislation takes effect; to expand | 36 |
the areas for which a municipal corporation in | 37 |
Stark County may use up to 5% of its water and | 38 |
sewer funds for sewage or water system extensions | 39 |
to include areas within a joint economic | 40 |
development district and areas within the | 41 |
municipal corporation's boundaries; and to make an | 42 |
appropriation. | 43 |
Section 1. That sections 307.05, 307.051, 307.055, 505.37, | 44 |
505.375, 505.44, 505.72, 3354.121, 4503.49, 4513.263, 4743.05, | 45 |
4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08, | 46 |
4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112, | 47 |
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16, | 48 |
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30, | 49 |
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40, | 50 |
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03, | 51 |
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11, | 52 |
4766.12, 4766.13, 4766.15, 4766.22, 5502.01, 5709.40, 5709.73, | 53 |
5709.77, and 5913.11 of the Revised Code be amended to read as | 54 |
follows: | 55 |
Sec. 307.05. As used in this section, "emergency medical | 56 |
service organization" has the same meaning as in section 4765.01 | 57 |
of the Revised Code. | 58 |
A board of county commissioners may operate an ambulance | 59 |
service organization or emergency medical service organization, | 60 |
or, in counties with a population of forty thousand or less, may | 61 |
operate a nonemergency patient transport service organization, or | 62 |
may enter into a contract with one or more counties, townships, | 63 |
municipal corporations, nonprofit corporations, joint emergency | 64 |
medical services districts, fire and ambulance districts, or | 65 |
private ambulance owners, regardless of whether such counties, | 66 |
townships, municipal corporations, nonprofit corporations, joint | 67 |
emergency medical services districts, fire and ambulance | 68 |
districts, or private ambulance owners are located within or | 69 |
without the state, in order to furnish or obtain the services of | 70 |
ambulance service organizations, to furnish or obtain additional | 71 |
services from ambulance service organizations in times of | 72 |
emergency, to furnish or obtain the services of emergency medical | 73 |
service organizations, or, in counties with a population of forty | 74 |
thousand or less, to furnish or obtain services of nonemergency | 75 |
patient transport service organizations, or may enter into a | 76 |
contract with any such entity to furnish or obtain the interchange | 77 |
of services from ambulance or emergency medical service | 78 |
organizations, or, within counties with a population of forty | 79 |
thousand or less, to furnish or obtain the interchange of services | 80 |
from nonemergency patient transport service organizations, within | 81 |
the territories of the contracting subdivisions. Except in the | 82 |
case of a contract with a joint emergency medical services | 83 |
district to obtain the services of emergency medical service | 84 |
organizations, such contracts shall not be entered into with a | 85 |
public agency or nonprofit corporation that receives more than | 86 |
half of its operating funds from governmental entities with the | 87 |
intention of directly competing with the operation of other | 88 |
ambulance service organizations, nonemergency patient transport | 89 |
service organizations, or emergency medical service organizations | 90 |
in the county unless the public agency or nonprofit corporation is | 91 |
awarded the contract after submitting the lowest and best bid to | 92 |
the board of county commissioners. Any county wishing to commence | 93 |
operation of a nonemergency patient transport service organization | 94 |
or wishing to enter into a contract for the first time to furnish | 95 |
or obtain services from a nonemergency patient transport service | 96 |
organization on or after March 1, 1993, including a county in | 97 |
which a private provider has been providing the service, shall | 98 |
demonstrate the need for public funding for the service to, and | 99 |
obtain approval from, the state board of emergency medical, fire, | 100 |
and transportation services or its immediate successor board prior | 101 |
to operating or funding the organization. | 102 |
When such an organization is operated by the board, the | 103 |
organization may be administered by the board, by the county | 104 |
sheriff, or by another county officer or employee designated by | 105 |
the board. All rules, including the determining of reasonable | 106 |
rates, necessary for the establishment, operation, and maintenance | 107 |
of such an organization shall be adopted by the board. | 108 |
A contract for services of an ambulance service, nonemergency | 109 |
patient transport service, or emergency medical service | 110 |
organization shall include the terms, conditions, and stipulations | 111 |
as agreed to by the parties to the contract. It may provide for a | 112 |
fixed annual charge to be paid at the times agreed upon and | 113 |
stipulated in the contract, or for compensation based upon a | 114 |
stipulated price for each run, call, or emergency or the number of | 115 |
persons or pieces of apparatus employed, or the elapsed time of | 116 |
service required in such run, call, or emergency, or any | 117 |
combination thereof. | 118 |
Sec. 307.051. As used in this section, "emergency medical | 119 |
service organization" has the same meaning as in section 4766.01 | 120 |
of the Revised Code. | 121 |
A board of county commissioners, by adoption of an | 122 |
appropriate resolution, may choose to have the | 123 |
emergency medical, fire, and transportation | 124 |
any emergency medical service organization it operates. If a board | 125 |
adopts such a resolution, Chapter 4766. of the Revised Code, | 126 |
except for sections 4766.06 and 4766.99 of the Revised Code, | 127 |
applies to the county emergency medical service organization. All | 128 |
rules adopted under the applicable sections of that chapter also | 129 |
apply to the organization. A board, by adoption of an appropriate | 130 |
resolution, may remove its emergency medical service organization | 131 |
from the jurisdiction of the | 132 |
medical, fire, and transportation | 133 |
Sec. 307.055. (A) Subject to the terms and conditions of the | 134 |
joint resolution creating it, each joint emergency medical | 135 |
services district may furnish ambulance services and emergency | 136 |
medical services by one of the following methods: | 137 |
(1) By operating an emergency medical service organization as | 138 |
defined in section 4765.01 of the Revised Code; | 139 |
(2) By contracting for the operation of one or more | 140 |
facilities pursuant to division (C) or (D) of this section; | 141 |
(3) By providing necessary services and equipment to the | 142 |
district either directly or under a contract entered into pursuant | 143 |
to division (B) of this section; | 144 |
(4) By providing service through any combination of methods | 145 |
described in divisions (A)(1) to (3) of this section. | 146 |
(B) In order to obtain ambulance service, to obtain | 147 |
additional ambulance service in times of emergency, or to obtain | 148 |
emergency medical services, a joint emergency medical services | 149 |
district may enter into a contract, for a period not to exceed | 150 |
three years, with one or more counties, townships, municipal | 151 |
corporations, joint fire districts, other governmental units that | 152 |
provide ambulance service or emergency medical services, nonprofit | 153 |
corporations, or private ambulance owners, regardless of whether | 154 |
the entities contracted with are located within or outside this | 155 |
state, upon such terms as are agreed to, to furnish or receive | 156 |
ambulance services or the interchange of ambulance services or | 157 |
emergency medical services within the several territories of the | 158 |
contracting subdivisions, if the contract is first authorized by | 159 |
all boards of trustees and legislative authorities in the | 160 |
territories to be served. | 161 |
Such a contract may provide for a fixed annual charge to be | 162 |
paid at the times agreed upon and stipulated in the contract; or | 163 |
for compensation based on a stipulated price for each run, call, | 164 |
or emergency or based on the elapsed time of service required for | 165 |
each run, call, or emergency, or based on any combination of | 166 |
these. | 167 |
Expenditures of a district for ambulance service or emergency | 168 |
medical service, whether pursuant to contract or otherwise, are | 169 |
lawful expenditures, regardless of whether the district or the | 170 |
party with which it contracts charges an additional fee to users | 171 |
of the service. | 172 |
(C) The board of trustees may enter into a contract with any | 173 |
person, municipal corporation, township, or other political | 174 |
subdivision, and any political subdivision may contract with the | 175 |
board, for the operation and maintenance of emergency medical | 176 |
services facilities regardless of whether the facilities used are | 177 |
owned or leased by the district, by another political subdivision, | 178 |
or by the contractor. | 179 |
(D) The district may purchase, lease, and maintain all | 180 |
materials, buildings, land, and equipment, including vehicles, the | 181 |
board considers necessary for the district. | 182 |
When the board finds, by resolution, that the district has | 183 |
personal property that is not needed for public use, or is | 184 |
obsolete or unfit for the use for which it was acquired, the board | 185 |
may dispose of the property in the same manner as provided in | 186 |
section 307.12 of the Revised Code. | 187 |
(E) Except in the case of a contract with a board of county | 188 |
commissioners for the provision of services of an emergency | 189 |
medical service organization, any contract entered into by a joint | 190 |
emergency medical services district shall conform to the same | 191 |
bidding requirements that apply to county contracts under sections | 192 |
307.86 to 307.92 of the Revised Code. | 193 |
(F) A county participating in a joint district may contribute | 194 |
any of its rights or interests in real or personal property, | 195 |
including money, and may contribute services to the district. Any | 196 |
such contributions shall be made by a written agreement between | 197 |
the contributing county and the district, specifying the | 198 |
contribution as well as the rights of the participating counties | 199 |
in the contributed property. Written agreements shall also be | 200 |
prepared specifying the rights of participating counties in | 201 |
property acquired by the district other than by contribution of a | 202 |
participating county. Written agreements required by this division | 203 |
may be amended only by written agreement of all parties to the | 204 |
original agreement. | 205 |
(G) A district's board of trustees, by adoption of an | 206 |
appropriate resolution, may choose to have the | 207 |
emergency medical, fire, and transportation | 208 |
any emergency medical service organization the district operates. | 209 |
If a board adopts such a resolution, Chapter 4766. of the Revised | 210 |
Code, except for sections 4766.06 and 4766.99 of the Revised Code, | 211 |
applies to the district emergency medical service organization. | 212 |
All rules adopted under the applicable sections of that chapter | 213 |
also apply to the organization. A board, by adoption of an | 214 |
appropriate resolution, may remove the district emergency medical | 215 |
service organization from the jurisdiction of the | 216 |
of emergency medical, fire, and transportation | 217 |
Sec. 505.37. (A) The board of township trustees may | 218 |
establish all necessary rules to guard against the occurrence of | 219 |
fires and to protect the property and lives of the citizens | 220 |
against damage and accidents, and may, with the approval of the | 221 |
specifications by the prosecuting attorney or, if the township has | 222 |
adopted limited home rule government under Chapter 504. of the | 223 |
Revised Code, with the approval of the specifications by the | 224 |
township's law director, purchase, lease, lease with an option to | 225 |
purchase, or otherwise provide any fire apparatus, mechanical | 226 |
resuscitators, or other equipment, appliances, materials, fire | 227 |
hydrants, and water supply for fire-fighting purposes that seems | 228 |
advisable to the board. The board shall provide for the care and | 229 |
maintenance of fire equipment, and, for these purposes, may | 230 |
purchase, lease, lease with an option to purchase, or construct | 231 |
and maintain necessary buildings, and it may establish and | 232 |
maintain lines of fire-alarm communications within the limits of | 233 |
the township. The board may employ one or more persons to maintain | 234 |
and operate fire-fighting equipment, or it may enter into an | 235 |
agreement with a volunteer fire company for the use and operation | 236 |
of fire-fighting equipment. The board may compensate the members | 237 |
of a volunteer fire company on any basis and in any amount that it | 238 |
considers equitable. | 239 |
When the estimated cost to purchase fire apparatus, | 240 |
mechanical resuscitators, other equipment, appliances, materials, | 241 |
fire hydrants, buildings, or fire-alarm communications equipment | 242 |
or services exceeds fifty thousand dollars, the contract shall be | 243 |
let by competitive bidding. When competitive bidding is required, | 244 |
the board shall advertise once a week for not less than two | 245 |
consecutive weeks in a newspaper of general circulation within the | 246 |
township. The board may also cause notice to be inserted in trade | 247 |
papers or other publications designated by it or to be distributed | 248 |
by electronic means, including posting the notice on the board's | 249 |
internet web site. If the board posts the notice on its web site, | 250 |
it may eliminate the second notice otherwise required to be | 251 |
published in a newspaper of general circulation within the | 252 |
township, provided that the first notice published in such | 253 |
newspaper meets all of the following requirements: | 254 |
(1) It is published at least two weeks before the opening of | 255 |
bids. | 256 |
(2) It includes a statement that the notice is posted on the | 257 |
board's internet web site. | 258 |
(3) It includes the internet address of the board's internet | 259 |
web site. | 260 |
(4) It includes instructions describing how the notice may be | 261 |
accessed on the board's internet web site. | 262 |
The advertisement shall include the time, date, and place | 263 |
where the clerk of the township, or the clerk's designee, will | 264 |
read bids publicly. The time, date, and place of bid openings may | 265 |
be extended to a later date by the board of township trustees, | 266 |
provided that written or oral notice of the change shall be given | 267 |
to all persons who have received or requested specifications not | 268 |
later than ninety-six hours prior to the original time and date | 269 |
fixed for the opening. The board may reject all the bids or accept | 270 |
the lowest and best bid, provided that the successful bidder meets | 271 |
the requirements of section 153.54 of the Revised Code when the | 272 |
contract is for the construction, demolition, alteration, repair, | 273 |
or reconstruction of an improvement. | 274 |
(B) The boards of township trustees of any two or more | 275 |
townships, or the legislative authorities of any two or more | 276 |
political subdivisions, or any combination of these, may, through | 277 |
joint action, unite in the joint purchase, lease, lease with an | 278 |
option to purchase, maintenance, use, and operation of | 279 |
fire-fighting equipment, or for any other purpose designated in | 280 |
sections 505.37 to 505.42 of the Revised Code, and may prorate the | 281 |
expense of the joint action on any terms that are mutually agreed | 282 |
upon. | 283 |
(C) The board of township trustees of any township may, by | 284 |
resolution, whenever it is expedient and necessary to guard | 285 |
against the occurrence of fires or to protect the property and | 286 |
lives of the citizens against damages resulting from their | 287 |
occurrence, create a fire district of any portions of the township | 288 |
that it considers necessary. The board may purchase, lease, lease | 289 |
with an option to purchase, or otherwise provide any fire | 290 |
apparatus, appliances, materials, fire hydrants, and water supply | 291 |
for fire-fighting purposes, or may contract for the fire | 292 |
protection for the fire district as provided in section 9.60 of | 293 |
the Revised Code. The fire district so created shall be given a | 294 |
separate name by which it shall be known. | 295 |
Additional unincorporated territory of the township may be | 296 |
added to a fire district upon the board's adoption of a resolution | 297 |
authorizing the addition. A municipal corporation that is within | 298 |
or adjoining the township may be added to a fire district upon the | 299 |
board's adoption of a resolution authorizing the addition and the | 300 |
municipal legislative authority's adoption of a resolution or | 301 |
ordinance requesting the addition of the municipal corporation to | 302 |
the fire district. | 303 |
If the township fire district imposes a tax, additional | 304 |
unincorporated territory of the township or a municipal | 305 |
corporation that is within or adjoining the township shall become | 306 |
part of the fire district only after all of the following have | 307 |
occurred: | 308 |
(1) Adoption by the board of township trustees of a | 309 |
resolution approving the expansion of the territorial limits of | 310 |
the district and, if the resolution proposes to add a municipal | 311 |
corporation, adoption by the municipal legislative authority of a | 312 |
resolution or ordinance requesting the addition of the municipal | 313 |
corporation to the district; | 314 |
(2) Adoption by the board of township trustees of a | 315 |
resolution recommending the extension of the tax to the additional | 316 |
territory; | 317 |
(3) Approval of the tax by the electors of the territory | 318 |
proposed for addition to the district. | 319 |
Each resolution of the board adopted under division (C)(2) of | 320 |
this section shall state the name of the fire district, a | 321 |
description of the territory to be added, and the rate and | 322 |
termination date of the tax, which shall be the rate and | 323 |
termination date of the tax currently in effect in the fire | 324 |
district. | 325 |
The board of trustees shall certify each resolution adopted | 326 |
under division (C)(2) of this section to the board of elections in | 327 |
accordance with section 5705.19 of the Revised Code. The election | 328 |
required under division (C)(3) of this section shall be held, | 329 |
canvassed, and certified in the manner provided for the submission | 330 |
of tax levies under section 5705.25 of the Revised Code, except | 331 |
that the question appearing on the ballot shall read: | 332 |
"Shall the territory within ........................ | 333 |
(description of the proposed territory to be added) be added to | 334 |
........................ (name) fire district, and a property tax | 335 |
at a rate of taxation not exceeding ...... (here insert tax rate) | 336 |
be in effect for .......... (here insert the number of years the | 337 |
tax is to be in effect or "a continuing period of time," as | 338 |
applicable)?" | 339 |
If the question is approved by at least a majority of the | 340 |
electors voting on it, the joinder shall be effective as of the | 341 |
first day of July of the year following approval, and on that | 342 |
date, the township fire district tax shall be extended to the | 343 |
taxable property within the territory that has been added. If the | 344 |
territory that has been added is a municipal corporation and if it | 345 |
had adopted a tax levy for fire purposes, the levy is terminated | 346 |
on the effective date of the joinder. | 347 |
Any municipal corporation may withdraw from a township fire | 348 |
district created under division (C) of this section by the | 349 |
adoption by the municipal legislative authority of a resolution or | 350 |
ordinance ordering withdrawal. On the first day of July of the | 351 |
year following the adoption of the resolution or ordinance of | 352 |
withdrawal, the municipal corporation withdrawing ceases to be a | 353 |
part of the district, and the power of the fire district to levy a | 354 |
tax upon taxable property in the withdrawing municipal corporation | 355 |
terminates, except that the fire district shall continue to levy | 356 |
and collect taxes for the payment of indebtedness within the | 357 |
territory of the fire district as it was composed at the time the | 358 |
indebtedness was incurred. | 359 |
Upon the withdrawal of any municipal corporation from a | 360 |
township fire district created under division (C) of this section, | 361 |
the county auditor shall ascertain, apportion, and order a | 362 |
division of the funds on hand, moneys and taxes in the process of | 363 |
collection except for taxes levied for the payment of | 364 |
indebtedness, credits, and real and personal property, either in | 365 |
money or in kind, on the basis of the valuation of the respective | 366 |
tax duplicates of the withdrawing municipal corporation and the | 367 |
remaining territory of the fire district. | 368 |
A board of township trustees may remove unincorporated | 369 |
territory of the township from the fire district upon the adoption | 370 |
of a resolution authorizing the removal. On the first day of July | 371 |
of the year following the adoption of the resolution, the | 372 |
unincorporated township territory described in the resolution | 373 |
ceases to be a part of the district, and the power of the fire | 374 |
district to levy a tax upon taxable property in that territory | 375 |
terminates, except that the fire district shall continue to levy | 376 |
and collect taxes for the payment of indebtedness within the | 377 |
territory of the fire district as it was composed at the time the | 378 |
indebtedness was incurred. | 379 |
(D) The board of township trustees of any township, the board | 380 |
of fire district trustees of a fire district created under section | 381 |
505.371 of the Revised Code, or the legislative authority of any | 382 |
municipal corporation may purchase, lease, or lease with an option | 383 |
to purchase the necessary fire-fighting equipment, buildings, and | 384 |
sites for the township, fire district, or municipal corporation | 385 |
and issue securities for that purpose with maximum maturities as | 386 |
provided in section 133.20 of the Revised Code. The board of | 387 |
township trustees, board of fire district trustees, or legislative | 388 |
authority may also construct any buildings necessary to house | 389 |
fire-fighting equipment and issue securities for that purpose with | 390 |
maximum maturities as provided in section 133.20 of the Revised | 391 |
Code. | 392 |
The board of township trustees, board of fire district | 393 |
trustees, or legislative authority may issue the securities of the | 394 |
township, fire district, or municipal corporation, signed by the | 395 |
board or designated officer of the municipal corporation and | 396 |
attested by the signature of the township fiscal officer, fire | 397 |
district clerk, or municipal clerk, covering any deferred payments | 398 |
and payable at the times provided, which securities shall bear | 399 |
interest not to exceed the rate determined as provided in section | 400 |
9.95 of the Revised Code, and shall not be subject to Chapter 133. | 401 |
of the Revised Code. The legislation authorizing the issuance of | 402 |
the securities shall provide for levying and collecting annually | 403 |
by taxation, amounts sufficient to pay the interest on and | 404 |
principal of the securities. The securities shall be offered for | 405 |
sale on the open market or given to the vendor or contractor if no | 406 |
sale is made. | 407 |
Section 505.40 of the Revised Code does not apply to any | 408 |
securities issued, or any lease with an option to purchase entered | 409 |
into, in accordance with this division. | 410 |
(E) A board of township trustees of any township or a board | 411 |
of fire district trustees of a fire district created under section | 412 |
505.371 of the Revised Code may purchase a policy or policies of | 413 |
liability insurance for the officers, employees, and appointees of | 414 |
the fire department, fire district, or joint fire district | 415 |
governed by the board that includes personal injury liability | 416 |
coverage as to the civil liability of those officers, employees, | 417 |
and appointees for false arrest, detention, or imprisonment, | 418 |
malicious prosecution, libel, slander, defamation or other | 419 |
violation of the right of privacy, wrongful entry or eviction, or | 420 |
other invasion of the right of private occupancy, arising out of | 421 |
the performance of their duties. | 422 |
When a board of township trustees cannot, by deed of gift or | 423 |
by purchase and upon terms it considers reasonable, procure land | 424 |
for a township fire station that is needed in order to respond in | 425 |
reasonable time to a fire or medical emergency, the board may | 426 |
appropriate land for that purpose under sections 163.01 to 163.22 | 427 |
of the Revised Code. If it is necessary to acquire additional | 428 |
adjacent land for enlarging or improving the fire station, the | 429 |
board may purchase, appropriate, or accept a deed of gift for the | 430 |
land for these purposes. | 431 |
(F) As used in this division, "emergency medical service | 432 |
organization" has the same meaning as in section 4766.01 of the | 433 |
Revised Code. | 434 |
A board of township trustees, by adoption of an appropriate | 435 |
resolution, may choose to have the | 436 |
medical, fire, and transportation | 437 |
emergency medical service organization it operates. If the board | 438 |
adopts such a resolution, Chapter 4766. of the Revised Code, | 439 |
except for sections 4766.06 and 4766.99 of the Revised Code, | 440 |
applies to the organization. All rules adopted under the | 441 |
applicable sections of that chapter also apply to the | 442 |
organization. A board of township trustees, by adoption of an | 443 |
appropriate resolution, may remove its emergency medical service | 444 |
organization from the jurisdiction of the | 445 |
emergency medical, fire, and transportation | 446 |
Sec. 505.375. (A)(1)(a) The boards of township trustees of | 447 |
one or more townships and the legislative authorities of one or | 448 |
more municipal corporations, or the legislative authorities of two | 449 |
or more municipal corporations, or the boards of township trustees | 450 |
of two or more townships, may negotiate an agreement to form a | 451 |
fire and ambulance district for the delivery of both fire and | 452 |
ambulance services. The agreement shall be ratified by the | 453 |
adoption of a joint resolution by a majority of the members of | 454 |
each board of township trustees involved and a majority of the | 455 |
members of the legislative authority of each municipal corporation | 456 |
involved. The joint resolution shall specify a date on which the | 457 |
fire and ambulance district shall come into being. | 458 |
(b) If a joint fire district created under section 505.371 of | 459 |
the Revised Code or a joint ambulance district created under | 460 |
section 505.71 of the Revised Code is dissolved to facilitate the | 461 |
creation of a fire and ambulance district under division (A)(1)(a) | 462 |
of this section, the townships and municipal corporations forming | 463 |
the fire and ambulance district may transfer to the fire and | 464 |
ambulance district any of the funds on hand, moneys and taxes in | 465 |
the process of collection, credits, and real and personal property | 466 |
apportioned to them under division (D) of section 505.371 of the | 467 |
Revised Code or section 505.71 of the Revised Code, as applicable, | 468 |
for use by the fire and ambulance district in accordance with this | 469 |
section. | 470 |
(2)(a) The board of trustees of a joint ambulance district | 471 |
created under section 505.71 of the Revised Code and the board of | 472 |
fire district trustees of a joint fire district created under | 473 |
section 505.371 of the Revised Code may negotiate to combine their | 474 |
two joint districts into a single fire and ambulance district for | 475 |
the delivery of both fire and ambulance services, if the | 476 |
geographic area covered by the combining joint districts is | 477 |
exactly the same. Both boards shall adopt a joint resolution | 478 |
ratifying the agreement and setting a date on which the fire and | 479 |
ambulance district shall come into being. | 480 |
(b) On that date, the joint fire district and the joint | 481 |
ambulance district shall cease to exist, and the power of each to | 482 |
levy a tax upon taxable property shall terminate, except that any | 483 |
levy of a tax for the payment of indebtedness within the territory | 484 |
of the joint fire or joint ambulance district as it was composed | 485 |
at the time the indebtedness was incurred shall continue to be | 486 |
collected by the successor fire and ambulance district if the | 487 |
indebtedness remains unpaid. All funds and other property of the | 488 |
joint districts shall become the property of the fire and | 489 |
ambulance district, unless otherwise provided in the negotiated | 490 |
agreement. The agreement shall provide for the settlement of all | 491 |
debts and obligations of the joint districts. | 492 |
(B)(1) The governing body of a fire and ambulance district | 493 |
created under division (A)(1) or (2) of this section shall be a | 494 |
board of trustees of at least three but no more than nine members, | 495 |
appointed as provided in the agreement creating the district. | 496 |
Members of the board may be compensated at a rate not to exceed | 497 |
thirty dollars per meeting for not more than fifteen meetings per | 498 |
year, and may be reimbursed for all necessary expenses incurred, | 499 |
as provided in the agreement creating the district. | 500 |
(2) The board shall employ a clerk and other employees as it | 501 |
considers best, including a fire chief or fire prevention | 502 |
officers, and shall fix their compensation. Neither this section | 503 |
nor any other section of the Revised Code requires, or shall be | 504 |
construed to require, that the fire chief of a fire and ambulance | 505 |
district be a resident of the district. | 506 |
Before entering upon the duties of office, the clerk shall | 507 |
execute a bond, in the amount and with surety to be approved by | 508 |
the board, payable to the state, conditioned for the faithful | 509 |
performance of all of the clerk's official duties. The clerk shall | 510 |
deposit the bond with the presiding officer of the board, who | 511 |
shall file a copy of it, certified by the presiding officer, with | 512 |
the county auditor of the county containing the most territory in | 513 |
the district. | 514 |
The board also shall provide for the appointment of a fiscal | 515 |
officer for the district and may enter into agreements with | 516 |
volunteer fire companies for the use and operation of | 517 |
fire-fighting equipment. Volunteer firefighters acting under such | 518 |
an agreement are subject to the requirements for volunteer | 519 |
firefighters set forth in division (A) of section 505.38 of the | 520 |
Revised Code. | 521 |
(3) Employees of the district shall not be removed from | 522 |
office except as provided by sections 733.35 to 733.39 of the | 523 |
Revised Code, except that, to initiate removal proceedings, the | 524 |
board shall designate a private citizen or, if the employee is | 525 |
employed as a firefighter, the board may designate the fire chief, | 526 |
to investigate, conduct the proceedings, and prepare the necessary | 527 |
charges in conformity with those sections, and except that the | 528 |
board shall perform the functions and duties specified for the | 529 |
municipal legislative authority under those sections. The board | 530 |
may pay reasonable compensation to any private citizen hired for | 531 |
services rendered in the matter. | 532 |
(4) No person shall be appointed as a permanent full-time | 533 |
paid member of the district whose duties include fire fighting, or | 534 |
be appointed as a volunteer firefighter, unless that person has | 535 |
received a certificate issued under former section 3303.07 or | 536 |
section 4765.55 of the Revised Code evidencing satisfactory | 537 |
completion of a firefighter training program. The board may send | 538 |
its officers and firefighters to schools of instruction designed | 539 |
to promote the efficiency of firefighters and, if authorized in | 540 |
advance, may pay their necessary expenses from the funds used for | 541 |
the maintenance and operation of the district. | 542 |
The board may choose, by adoption of an appropriate | 543 |
resolution, to have the
| 544 |
fire, and transportation | 545 |
medical service organization it operates. If the board adopts such | 546 |
a resolution, Chapter 4766. of the Revised Code, except for | 547 |
sections 4766.06 and 4766.99 of the Revised Code, applies to the | 548 |
organization. All rules adopted under the applicable sections of | 549 |
that chapter also apply to the organization. The board may remove, | 550 |
by resolution, its emergency medical service organization from the | 551 |
jurisdiction of the | 552 |
and transportation | 553 |
(C) The board of trustees of a fire and ambulance district | 554 |
created under division (A)(1) or (2) of this section may exercise | 555 |
the following powers: | 556 |
(1) Purchase or otherwise provide any fire apparatus, | 557 |
mechanical resuscitators, or other fire or ambulance equipment, | 558 |
appliances, or materials; fire hydrants; and water supply for | 559 |
firefighting purposes that seems advisable to the board; | 560 |
(2) Provide for the care and maintenance of equipment and, | 561 |
for that purpose, purchase, lease, lease with an option to | 562 |
purchase, or construct and maintain necessary buildings; | 563 |
(3) Establish and maintain lines of fire-alarm communications | 564 |
within the limits of the district; | 565 |
(4) Appropriate land for a fire station or medical emergency | 566 |
unit needed in order to respond in reasonable time to a fire or | 567 |
medical emergency, in accordance with Chapter 163. of the Revised | 568 |
Code; | 569 |
(5) Purchase, appropriate, or accept a deed or gift of land | 570 |
to enlarge or improve a fire station or medical emergency unit; | 571 |
(6) Purchase, lease, lease with an option to purchase, | 572 |
maintain, and use all materials, equipment, vehicles, buildings, | 573 |
and land necessary to perform its duties; | 574 |
(7) Contract for a period not to exceed three years with one | 575 |
or more townships, municipal corporations, counties, joint fire | 576 |
districts, joint ambulance districts, governmental agencies, | 577 |
nonprofit corporations, or private ambulance owners located either | 578 |
within or outside the state, to furnish or receive ambulance | 579 |
services or emergency medical services within the several | 580 |
territories of the contracting parties, if the contract is first | 581 |
authorized by all boards of trustees and legislative authorities | 582 |
concerned; | 583 |
(8) Establish reasonable charges for the use of ambulance or | 584 |
emergency medical services under the same conditions under which a | 585 |
board of fire district trustees may establish those charges under | 586 |
section 505.371 of the Revised Code; | 587 |
(9) Establish all necessary rules to guard against the | 588 |
occurrence of fires and to protect property and lives against | 589 |
damage and accidents; | 590 |
(10) Adopt a standard code pertaining to fire, fire hazards, | 591 |
and fire prevention prepared and promulgated by the state or by a | 592 |
public or private organization that publishes a model or standard | 593 |
code; | 594 |
(11) Provide for charges for false alarms at commercial | 595 |
establishments in the same manner as joint fire districts are | 596 |
authorized to do under section 505.391 of the Revised Code; | 597 |
(12) Issue bonds and other evidences of indebtedness, subject | 598 |
to Chapter 133. of the Revised Code, but only after approval by a | 599 |
vote of the electors of the district as provided by section 133.18 | 600 |
of the Revised Code; | 601 |
(13) To provide the services and equipment it considers | 602 |
necessary, levy a sufficient tax, subject to Chapter 5705. of the | 603 |
Revised Code, on all the taxable property in the district. | 604 |
(D) Any municipal corporation or township may join an | 605 |
existing fire and ambulance district, whether created under | 606 |
division (A)(1) or (2) of this section, by its legislative | 607 |
authority's adoption of a resolution requesting the membership and | 608 |
upon approval of the board of trustees of the district. Any | 609 |
municipal corporation or township may withdraw from a district, | 610 |
whether created under division (A)(1) or (2) of this section, by | 611 |
its legislative authority's adoption of a resolution ordering | 612 |
withdrawal. Upon its withdrawal, the municipal corporation or | 613 |
township ceases to be a part of the district, and the district's | 614 |
power to levy a tax on taxable property in the withdrawing | 615 |
township or municipal corporation terminates, except that the | 616 |
district shall continue to levy and collect taxes for the payment | 617 |
of indebtedness within the territory of the district as it was | 618 |
composed at the time the indebtedness was incurred. | 619 |
Upon the withdrawal of any township or municipal corporation | 620 |
from a district, the county auditor of the county containing the | 621 |
most territory in the district shall ascertain, apportion, and | 622 |
order a division of the funds on hand, including funds in the | 623 |
ambulance and emergency medical services fund, moneys and taxes in | 624 |
the process of collection, except for taxes levied for the payment | 625 |
of indebtedness, credits, and real and personal property on the | 626 |
basis of the valuation of the respective tax duplicates of the | 627 |
withdrawing municipal corporation or township and the remaining | 628 |
territory of the district. | 629 |
(E) As used in this section: | 630 |
(1) "Governmental agency" includes all departments, boards, | 631 |
offices, commissions, agencies, colleges, universities, | 632 |
institutions, and other instrumentalities of this or another | 633 |
state. | 634 |
(2) "Emergency medical service organization" has the same | 635 |
meaning as in section 4766.01 of the Revised Code. | 636 |
Sec. 505.44. As used in this section: | 637 |
(A) "Emergency medical service organization" has the same | 638 |
meaning as in section 4765.01 of the Revised Code. | 639 |
(B) "State agency" means all departments, boards, offices, | 640 |
commissions, agencies, colleges, universities, institutions, and | 641 |
other instrumentalities of this or another state. | 642 |
In order to obtain the services of ambulance service | 643 |
organizations, to obtain additional services from ambulance | 644 |
service organizations in times of emergency, to obtain the | 645 |
services of emergency medical service organizations, or, if the | 646 |
township is located in a county with a population of forty | 647 |
thousand or less, to obtain the services of nonemergency patient | 648 |
transport service organizations, a township may enter into a | 649 |
contract with one or more state agencies, townships, municipal | 650 |
corporations, counties, nonprofit corporations, joint emergency | 651 |
medical services districts, fire and ambulance districts, or | 652 |
private ambulance owners, regardless of whether such state | 653 |
agencies, townships, municipal corporations, counties, nonprofit | 654 |
corporations, joint emergency medical services districts, fire and | 655 |
ambulance districts, or private ambulance owners are located | 656 |
within or outside the state, upon such terms as are agreed to by | 657 |
them, to furnish or receive services from ambulance or emergency | 658 |
medical service organizations or, if the township is located in a | 659 |
county with a population of forty thousand or less, to furnish or | 660 |
receive services from nonemergency patient transport service | 661 |
organizations, or may enter into a contract for the interchange of | 662 |
services from ambulance or emergency medical service organizations | 663 |
or, if the township is located in a county with a population of | 664 |
forty thousand or less, the interchange of services from | 665 |
nonemergency patient transport service organizations, within the | 666 |
several territories of the contracting parties, if the contract is | 667 |
first authorized by the respective boards of township trustees, | 668 |
the other legislative bodies, or the officer or body authorized to | 669 |
contract on behalf of the state agency. Such contracts shall not | 670 |
be entered into with a state agency or nonprofit corporation that | 671 |
receives more than half of its operating funds from governmental | 672 |
entities with the intention of directly competing with the | 673 |
operation of other ambulance, emergency medical, or nonemergency | 674 |
patient transport service organizations in the township unless the | 675 |
state agency or nonprofit corporation is awarded the contract | 676 |
after submitting the lowest and best bid to the board of township | 677 |
trustees. | 678 |
The contract may provide for compensation upon such terms as | 679 |
the parties may agree. | 680 |
Any township wishing to commence providing or wishing to | 681 |
enter into a contract for the first time to furnish or obtain | 682 |
services from nonemergency patient transport service organizations | 683 |
on or after March 1, 1993, including a township in which a private | 684 |
provider has been providing the service, shall demonstrate the | 685 |
need for public funding for the service to, and obtain approval | 686 |
from, the state board of emergency medical, fire, and | 687 |
transportation services or its immediate successor board prior to | 688 |
the establishment of a township-operated or township-funded | 689 |
service. | 690 |
Sec. 505.72. (A) The board of trustees of a joint ambulance | 691 |
district shall provide for the employment of such employees as it | 692 |
considers best, and shall fix their compensation. Such employees | 693 |
shall continue in office until removed as provided by sections | 694 |
733.35 to 733.39 of the Revised Code. To initiate removal | 695 |
proceedings, and for such purpose, the board shall designate a | 696 |
private citizen to investigate the conduct and prepare the | 697 |
necessary charges in conformity with sections 733.35 to 733.39 of | 698 |
the Revised Code. The board may pay reasonable compensation to | 699 |
such person for the person's services. | 700 |
In case of the removal of an employee of the district, an | 701 |
appeal may be had from the decision of the board to the court of | 702 |
common pleas of the county in which such district, or part of it, | 703 |
is situated, to determine the sufficiency of the cause of removal. | 704 |
Such appeal from the findings of the board shall be taken within | 705 |
ten days. | 706 |
(B) As used in this division, "emergency medical service | 707 |
organization" has the same meaning as in section 4765.01 of the | 708 |
Revised Code. | 709 |
(1) In order to obtain the services of ambulance service | 710 |
organizations, to obtain additional services from ambulance | 711 |
service organizations in times of emergency, or to obtain the | 712 |
services of emergency medical service organizations, a district | 713 |
may enter into a contract, for a period not to exceed three years, | 714 |
with one or more townships, municipal corporations, joint fire | 715 |
districts, nonprofit corporations, any other governmental unit | 716 |
that provides ambulance services or emergency medical services, or | 717 |
with private ambulance owners, regardless of whether such | 718 |
townships, municipal corporations, joint fire districts, nonprofit | 719 |
corporations, governmental unit, or private ambulance owners are | 720 |
located within or without this state, upon such terms as are | 721 |
agreed to, to furnish or receive services from ambulance or | 722 |
emergency medical service organizations or the interchange of | 723 |
services from ambulance or emergency medical service organizations | 724 |
within the several territories of the contracting subdivisions, if | 725 |
such contract is first authorized by all boards of trustees and | 726 |
legislative authorities concerned. | 727 |
The contract may provide for a fixed annual charge to be paid | 728 |
at the times agreed upon and stipulated in the contract, or for | 729 |
compensation based upon a stipulated price for each run, call, or | 730 |
emergency, or the elapsed time of service required in such run, | 731 |
call, or emergency, or any combination thereof. | 732 |
(2) Expenditures of a district for the services of ambulance | 733 |
service organizations or emergency medical service organizations, | 734 |
whether pursuant to contract or otherwise, are lawful | 735 |
expenditures, regardless of whether the district or the party with | 736 |
which it contracts charges additional fees to users of the | 737 |
services. | 738 |
(3) A district's board of trustees, by adoption of an | 739 |
appropriate resolution, may choose to have the | 740 |
emergency medical, fire, and transportation | 741 |
any emergency medical service organization the district operates. | 742 |
If a board adopts such a resolution, Chapter 4766. of the Revised | 743 |
Code, except for sections 4766.06 and 4766.99 of the Revised Code, | 744 |
applies to the district emergency medical service organization. | 745 |
All rules adopted under the applicable sections of that chapter | 746 |
also apply to the organization. A board, by adoption of an | 747 |
appropriate resolution, may remove the district emergency medical | 748 |
service organization from the jurisdiction of the | 749 |
of emergency medical, fire, and transportation | 750 |
(C) Ambulance services or emergency medical services rendered | 751 |
for a joint ambulance district under this section and section | 752 |
505.71 of the Revised Code shall be deemed services of the | 753 |
district. These sections do not authorize suits against a district | 754 |
or any township or municipal corporation providing or receiving, | 755 |
or contracting to provide or receive, such services under these | 756 |
sections for damages for injury or loss to persons or property or | 757 |
for wrongful death caused by persons providing such services. | 758 |
Sec. 3354.121. (A)(1) Each community college district may | 759 |
acquire, by purchase, lease, lease-purchase, lease with option to | 760 |
purchase, or otherwise, construct, equip, furnish, reconstruct, | 761 |
alter, enlarge, remodel, renovate, rehabilitate, improve, | 762 |
maintain, repair, and operate, and lease to or from others, | 763 |
auxiliary facilities or education facilities, except housing and | 764 |
dining facilities, and may pay for the facilities out of available | 765 |
receipts of such district. To pay all or part of the costs of | 766 |
auxiliary facilities or education facilities, except housing and | 767 |
dining facilities, and any combination of them, and to refund | 768 |
obligations previously issued for such purpose, each community | 769 |
college district may issue obligations in the manner provided by | 770 |
and subject to the applicable provisions of section 3345.12 of the | 771 |
Revised Code. | 772 |
(2) A community college district that is located within one | 773 |
mile of a four-year private, nonprofit institution of higher | 774 |
education in the state may acquire, by purchase, lease, | 775 |
lease-purchase, lease with option to purchase, or otherwise, | 776 |
construct, equip, furnish, reconstruct, alter, enlarge, remodel, | 777 |
renovate, rehabilitate, improve, maintain, repair, and operate, | 778 |
and lease to or from others, housing and dining facilities, and | 779 |
may pay for the facilities out of the available receipts of such | 780 |
district. To pay all or part of the costs of the housing and | 781 |
dining facilities, and to refund obligations previously issued for | 782 |
such purpose, the community college district may issue obligations | 783 |
in the manner provided by and subject to the applicable provisions | 784 |
of section 3345.12 of the Revised Code. | 785 |
(B) Except as otherwise provided in this section, the | 786 |
definitions set forth in section 3345.12 of the Revised Code apply | 787 |
to this section. | 788 |
(C) Fee variations provided for in division (G) of section | 789 |
3354.09 of the Revised Code need not be applied to fees pledged to | 790 |
secure obligations. | 791 |
(D) The obligations authorized by this section are not bonded | 792 |
indebtedness of the community college district, shall not | 793 |
constitute general obligations or the pledge of the full faith and | 794 |
credit of such district, and the holders or owners thereof shall | 795 |
have no right to require the board to levy or collect any taxes | 796 |
for the payment of bond service charges, but they shall have the | 797 |
right to payment thereof solely from the available receipts and | 798 |
funds pledged for such payment as authorized by section 3345.12 of | 799 |
the Revised Code and this section. | 800 |
The bond proceedings may provide the method whereby the | 801 |
general administrative overhead expense of the district shall be | 802 |
allocated among the several operations and facilities of the | 803 |
district for purposes of determining any operating and maintenance | 804 |
expenses payable from the pledged available receipts prior to the | 805 |
provision for payment of bond service charges, and for other | 806 |
purposes of the bond proceedings. | 807 |
(E) The powers granted in this section are in addition to any | 808 |
other powers at any time granted by the Constitution and laws of | 809 |
the state, and not in derogation thereof or restrictions thereon. | 810 |
Sec. 4503.49. (A) As used in this section, "ambulance," | 811 |
"ambulette," "emergency medical service organization," | 812 |
"nonemergency medical service organization," and "nontransport | 813 |
vehicle" have the same meanings as in section 4766.01 of the | 814 |
Revised Code. | 815 |
(B) Each private emergency medical service organization and | 816 |
each private nonemergency medical service organization shall apply | 817 |
to the registrar of motor vehicles for the registration of any | 818 |
ambulance, ambulette, or nontransport vehicle it owns or leases. | 819 |
The application shall be accompanied by a copy of the certificate | 820 |
of licensure issued to the organization by the | 821 |
emergency medical, fire, and transportation | 822 |
following fees: | 823 |
(1) The regular license tax as prescribed under section | 824 |
4503.04 of the Revised Code; | 825 |
(2) Any local license tax levied under Chapter 4504. of the | 826 |
Revised Code; | 827 |
(3) An additional fee of seven dollars and fifty cents. The | 828 |
additional fee shall be for the purpose of compensating the bureau | 829 |
of motor vehicles for additional services required to be performed | 830 |
under this section and shall be transmitted by the registrar to | 831 |
the treasurer of state for deposit in the state bureau of motor | 832 |
vehicles fund created by section 4501.25 of the Revised Code. | 833 |
(C) On receipt of a complete application, the registrar shall | 834 |
issue to the applicant the appropriate certificate of registration | 835 |
for the vehicle and do one of the following: | 836 |
(1) Issue a set of license plates with a validation sticker | 837 |
and a set of stickers to be attached to the plates as an | 838 |
identification of the vehicle's classification as an ambulance, | 839 |
ambulette, or nontransport vehicle; | 840 |
(2) Issue a validation sticker alone when so required by | 841 |
section 4503.191 of the Revised Code. | 842 |
Sec. 4513.263. (A) As used in this section and in section | 843 |
4513.99 of the Revised Code: | 844 |
(1) "Automobile" means any commercial tractor, passenger car, | 845 |
commercial car, or truck that is required to be factory-equipped | 846 |
with an occupant restraining device for the operator or any | 847 |
passenger by regulations adopted by the United States secretary of | 848 |
transportation pursuant to the "National Traffic and Motor Vehicle | 849 |
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392. | 850 |
(2) "Occupant restraining device" means a seat safety belt, | 851 |
shoulder belt, harness, or other safety device for restraining a | 852 |
person who is an operator of or passenger in an automobile and | 853 |
that satisfies the minimum federal vehicle safety standards | 854 |
established by the United States department of transportation. | 855 |
(3) "Passenger" means any person in an automobile, other than | 856 |
its operator, who is occupying a seating position for which an | 857 |
occupant restraining device is provided. | 858 |
(4) "Commercial tractor," "passenger car," and "commercial | 859 |
car" have the same meanings as in section 4501.01 of the Revised | 860 |
Code. | 861 |
(5) "Vehicle" and "motor vehicle," as used in the definitions | 862 |
of the terms set forth in division (A)(4) of this section, have | 863 |
the same meanings as in section 4511.01 of the Revised Code. | 864 |
(6) "Tort action" means a civil action for damages for | 865 |
injury, death, or loss to person or property. "Tort action" | 866 |
includes a product liability claim, as defined in section 2307.71 | 867 |
of the Revised Code, and an asbestos claim, as defined in section | 868 |
2307.91 of the Revised Code, but does not include a civil action | 869 |
for damages for breach of contract or another agreement between | 870 |
persons. | 871 |
(B) No person shall do any of the following: | 872 |
(1) Operate an automobile on any street or highway unless | 873 |
that person is wearing all of the available elements of a properly | 874 |
adjusted occupant restraining device, or operate a school bus that | 875 |
has an occupant restraining device installed for use in its | 876 |
operator's seat unless that person is wearing all of the available | 877 |
elements of the device, as properly adjusted; | 878 |
(2) Operate an automobile on any street or highway unless | 879 |
each passenger in the automobile who is subject to the requirement | 880 |
set forth in division (B)(3) of this section is wearing all of the | 881 |
available elements of a properly adjusted occupant restraining | 882 |
device; | 883 |
(3) Occupy, as a passenger, a seating position on the front | 884 |
seat of an automobile being operated on any street or highway | 885 |
unless that person is wearing all of the available elements of a | 886 |
properly adjusted occupant restraining device; | 887 |
(4) Operate a taxicab on any street or highway unless all | 888 |
factory-equipped occupant restraining devices in the taxicab are | 889 |
maintained in usable form. | 890 |
(C) Division (B)(3) of this section does not apply to a | 891 |
person who is required by section 4511.81 of the Revised Code to | 892 |
be secured in a child restraint device or booster seat. Division | 893 |
(B)(1) of this section does not apply to a person who is an | 894 |
employee of the United States postal service or of a newspaper | 895 |
home delivery service, during any period in which the person is | 896 |
engaged in the operation of an automobile to deliver mail or | 897 |
newspapers to addressees. Divisions (B)(1) and (3) of this section | 898 |
do not apply to a person who has an affidavit signed by a | 899 |
physician licensed to practice in this state under Chapter 4731. | 900 |
of the Revised Code or a chiropractor licensed to practice in this | 901 |
state under Chapter 4734. of the Revised Code that states that the | 902 |
person has a physical impairment that makes use of an occupant | 903 |
restraining device impossible or impractical. | 904 |
(D) Notwithstanding any provision of law to the contrary, no | 905 |
law enforcement officer shall cause an operator of an automobile | 906 |
being operated on any street or highway to stop the automobile for | 907 |
the sole purpose of determining whether a violation of division | 908 |
(B) of this section has been or is being committed or for the sole | 909 |
purpose of issuing a ticket, citation, or summons for a violation | 910 |
of that nature or causing the arrest of or commencing a | 911 |
prosecution of a person for a violation of that nature, and no law | 912 |
enforcement officer shall view the interior or visually inspect | 913 |
any automobile being operated on any street or highway for the | 914 |
sole purpose of determining whether a violation of that nature has | 915 |
been or is being committed. | 916 |
(E) All fines collected for violations of division (B) of | 917 |
this section, or for violations of any ordinance or resolution of | 918 |
a political subdivision that is substantively comparable to that | 919 |
division, shall be forwarded to the treasurer of state for deposit | 920 |
into the state treasury to the credit of the trauma and emergency | 921 |
medical services fund, which is hereby created. In addition, sixty | 922 |
cents of each fee collected under sections 4501.34, 4503.26, | 923 |
4505.14, 4506.08, 4509.05, and 4519.63 of the Revised Code as | 924 |
specified in those sections, plus the portion of the driver's | 925 |
license reinstatement fee described in division (F)(2)(g) of | 926 |
section 4511.191 of the Revised Code, plus all fees collected | 927 |
under section 4765.11 of the Revised Code, plus all fines imposed | 928 |
under section 4765.55 of the Revised Code, plus the fees and other | 929 |
moneys specified in section 4766.05 of the Revised Code, and plus | 930 |
five per cent of fines and moneys arising from bail forfeitures as | 931 |
directed by section 5503.04 of the Revised Code, also shall be | 932 |
deposited into the trauma and emergency medical services fund. All | 933 |
money deposited into the trauma and emergency medical services | 934 |
fund shall be used by the department of public safety for the | 935 |
administration and operation of the division of emergency medical | 936 |
services and the state board of emergency medical, fire, and | 937 |
transportation services, and by the state board of emergency | 938 |
medical, fire, and transportation services to make grants, in | 939 |
accordance with section 4765.07 of the Revised Code and rules the | 940 |
board adopts under section 4765.11 of the Revised Code. The | 941 |
director of budget and management may transfer excess money from | 942 |
the trauma and emergency medical services fund to the state | 943 |
highway safety fund if the director of public safety determines | 944 |
that the amount of money in the trauma and emergency medical | 945 |
services fund exceeds the amount required to cover such costs | 946 |
incurred by the emergency medical services agency and the grants | 947 |
made by the state board of emergency medical, fire, and | 948 |
transportation services and requests the director of budget and | 949 |
management to make the transfer. | 950 |
(F)(1) Subject to division (F)(2) of this section, the | 951 |
failure of a person to wear all of the available elements of a | 952 |
properly adjusted occupant restraining device in violation of | 953 |
division (B)(1) or (3) of this section or the failure of a person | 954 |
to ensure that each minor who is a passenger of an automobile | 955 |
being operated by that person is wearing all of the available | 956 |
elements of a properly adjusted occupant restraining device in | 957 |
violation of division (B)(2) of this section shall not be | 958 |
considered or used by the trier of fact in a tort action as | 959 |
evidence of negligence or contributory negligence. But, the trier | 960 |
of fact may determine based on evidence admitted consistent with | 961 |
the Ohio Rules of Evidence that the failure contributed to the | 962 |
harm alleged in the tort action and may diminish a recovery of | 963 |
compensatory damages that represents noneconomic loss, as defined | 964 |
in section 2307.011 of the Revised Code, in a tort action that | 965 |
could have been recovered but for the plaintiff's failure to wear | 966 |
all of the available elements of a properly adjusted occupant | 967 |
restraining device. Evidence of that failure shall not be used as | 968 |
a basis for a criminal prosecution of the person other than a | 969 |
prosecution for a violation of this section; and shall not be | 970 |
admissible as evidence in a criminal action involving the person | 971 |
other than a prosecution for a violation of this section. | 972 |
(2) If, at the time of an accident involving a passenger car | 973 |
equipped with occupant restraining devices, any occupant of the | 974 |
passenger car who sustained injury or death was not wearing an | 975 |
available occupant restraining device, was not wearing all of the | 976 |
available elements of such a device, or was not wearing such a | 977 |
device as properly adjusted, then, consistent with the Rules of | 978 |
Evidence, the fact that the occupant was not wearing the available | 979 |
occupant restraining device, was not wearing all of the available | 980 |
elements of such a device, or was not wearing such a device as | 981 |
properly adjusted is admissible in evidence in relation to any | 982 |
claim for relief in a tort action to the extent that the claim for | 983 |
relief satisfies all of the following: | 984 |
(a) It seeks to recover damages for injury or death to the | 985 |
occupant. | 986 |
(b) The defendant in question is the manufacturer, designer, | 987 |
distributor, or seller of the passenger car. | 988 |
(c) The claim for relief against the defendant in question is | 989 |
that the injury or death sustained by the occupant was enhanced or | 990 |
aggravated by some design defect in the passenger car or that the | 991 |
passenger car was not crashworthy. | 992 |
(G)(1) Whoever violates division (B)(1) of this section shall | 993 |
be fined thirty dollars. | 994 |
(2) Whoever violates division (B)(3) of this section shall be | 995 |
fined twenty dollars. | 996 |
(3) Except as otherwise provided in this division, whoever | 997 |
violates division (B)(4) of this section is guilty of a minor | 998 |
misdemeanor. If the offender previously has been convicted of or | 999 |
pleaded guilty to a violation of division (B)(4) of this section, | 1000 |
whoever violates division (B)(4) of this section is guilty of a | 1001 |
misdemeanor of the third degree. | 1002 |
Sec. 4743.05. Except as otherwise provided in sections | 1003 |
4701.20, 4723.062, 4723.082, 4729.65, 4781.121, and 4781.28 of the | 1004 |
Revised Code, all money collected under Chapters 3773., 4701., | 1005 |
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732., | 1006 |
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759., | 1007 |
4761., | 1008 |
shall be paid into the state treasury to the credit of the | 1009 |
occupational licensing and regulatory fund, which is hereby | 1010 |
created for use in administering such chapters. | 1011 |
At the end of each quarter, the director of budget and | 1012 |
management shall transfer from the occupational licensing and | 1013 |
regulatory fund to the nurse education assistance fund created in | 1014 |
section 3333.28 of the Revised Code the amount certified to the | 1015 |
director under division (B) of section 4723.08 of the Revised | 1016 |
Code. | 1017 |
At the end of each quarter, the director shall transfer from | 1018 |
the occupational licensing and regulatory fund to the certified | 1019 |
public accountant education assistance fund created in section | 1020 |
4701.26 of the Revised Code the amount certified to the director | 1021 |
under division (H)(2) of section 4701.10 of the Revised Code. | 1022 |
Sec. 4765.02. (A)(1) There is hereby created the state board | 1023 |
of emergency medical, fire, and transportation services within the | 1024 |
division of emergency medical services of the department of public | 1025 |
safety. The board shall consist of the members specified in this | 1026 |
section who are residents of this state. The governor, with the | 1027 |
advice and consent of the senate, shall appoint all members of the | 1028 |
board, except the employee of the department of public safety | 1029 |
designated by the director of public safety under this section to | 1030 |
be a member of the board. In making the appointments, the governor | 1031 |
shall appoint only members with background or experience in | 1032 |
emergency medical services or trauma care and shall attempt to | 1033 |
include members representing urban and rural areas, various | 1034 |
geographical regions of the state, and various schools of | 1035 |
training. | 1036 |
(2) One member of the board shall be a physician certified by | 1037 |
the American board of emergency medicine or the American | 1038 |
osteopathic board of emergency medicine who is active in the | 1039 |
practice of emergency medicine and is actively involved with an | 1040 |
emergency medical service organization. The governor shall appoint | 1041 |
this member from among three persons nominated by the Ohio chapter | 1042 |
of the American college of emergency physicians and three persons | 1043 |
nominated by the Ohio osteopathic association. One member shall be | 1044 |
a physician certified by the American board of surgery or the | 1045 |
American osteopathic board of surgery who is active in the | 1046 |
practice of trauma surgery and is actively involved with emergency | 1047 |
medical services. The governor shall appoint this member from | 1048 |
among three persons nominated by the Ohio chapter of the American | 1049 |
college of surgeons and three persons nominated by the Ohio | 1050 |
osteopathic association. One member shall be a physician certified | 1051 |
by the American academy of pediatrics or American osteopathic | 1052 |
board of pediatrics who is active in the practice of pediatric | 1053 |
emergency medicine and actively involved with an emergency medical | 1054 |
service organization. The governor shall appoint this member from | 1055 |
among three persons nominated by the Ohio chapter of the American | 1056 |
academy of pediatrics and three persons nominated by the Ohio | 1057 |
osteopathic association. | 1058 |
1059 | |
1060 | |
1061 | |
1062 | |
1063 | |
1064 | |
shall be the administrator of a hospital | 1065 |
1066 | |
member from among three persons nominated by OHA: the association | 1067 |
for hospitals and health systems, three persons nominated by the | 1068 |
Ohio osteopathic association, and three persons nominated by the | 1069 |
association of Ohio children's hospitals | 1070 |
1071 | |
registered nurse with EMS certification who | 1072 |
1073 | |
air medical transport. The governor shall appoint this member from | 1074 |
among three persons nominated by the Ohio nurses association, | 1075 |
three persons nominated by the Ohio association of critical care | 1076 |
transport, and three persons nominated by the Ohio state council | 1077 |
of the emergency nurses association. One member shall be the chief | 1078 |
of a fire department that is also an emergency medical service | 1079 |
organization in which more than fifty per cent of the persons who | 1080 |
provide emergency medical services are full-time paid employees. | 1081 |
The governor shall appoint this member from among three persons | 1082 |
nominated by the Ohio fire chiefs' association. One member shall | 1083 |
be the chief of a fire department that is also an emergency | 1084 |
medical service organization in which more than fifty per cent of | 1085 |
the persons who provide emergency medical services are volunteers. | 1086 |
The governor shall appoint this member from among three persons | 1087 |
nominated by the Ohio fire chiefs' association. One member shall | 1088 |
be a person who is certified to teach under section 4765.23 of the | 1089 |
Revised Code | 1090 |
1091 | |
1092 | |
certificate to practice as an EMT, advanced EMT, or paramedic. The | 1093 |
governor shall appoint this member from among three persons | 1094 |
nominated by the Ohio emergency medical technician instructors | 1095 |
association and the Ohio instructor/coordinators' society. One | 1096 |
member shall be an | 1097 |
EMT, or paramedic, and one member shall be a paramedic. The | 1098 |
governor shall appoint these members from among three | 1099 |
1100 | |
by the Ohio association of professional fire fighters
| 1101 |
1102 | |
1103 | |
1104 | |
member shall be a paramedic
| 1105 |
these members from among three | 1106 |
advanced EMTs and three paramedics nominated by the Ohio state | 1107 |
firefighter's association. One member shall be a person whom the | 1108 |
governor shall appoint from among an | 1109 |
an advanced EMT, or a paramedic nominated by the Ohio association | 1110 |
of emergency medical services or the Ohio ambulance and medical | 1111 |
transportation association. One member shall be an EMT, an | 1112 |
advanced EMT, or a paramedic, whom the governor shall appoint from | 1113 |
among three persons nominated by the Ohio ambulance and medical | 1114 |
transportation association. One member shall be a paramedic, whom | 1115 |
the governor shall appoint from among three persons nominated by | 1116 |
the Ohio ambulance and medical transportation association. | 1117 |
1118 | |
1119 | |
1120 | |
1121 | |
1122 | |
1123 | |
1124 | |
1125 | |
1126 | |
1127 | |
1128 | |
1129 | |
member shall be the owner or operator of a private emergency | 1130 |
medical service organization whom the governor shall appoint from | 1131 |
among three persons nominated by the Ohio ambulance and medical | 1132 |
transportation association. One member shall be a provider of | 1133 |
mobile intensive care unit transportation in this state whom the | 1134 |
governor shall appoint from among not more than three persons | 1135 |
nominated by both the Ohio association of critical care transport | 1136 |
and the Ohio ambulance and medical transportation association, and | 1137 |
each person nominated shall be a member of both organizations at | 1138 |
the time of nomination. One member shall be a provider of | 1139 |
air-medical transportation in this state whom the governor shall | 1140 |
appoint from among three persons nominated by the Ohio association | 1141 |
of critical care transport. One member shall be the owner or | 1142 |
operator of a nonemergency medical service organization in this | 1143 |
state that provides ambulette services whom the governor shall | 1144 |
appoint from among three persons nominated by the Ohio ambulance | 1145 |
and medical transportation association. | 1146 |
The governor may refuse to appoint any of the persons | 1147 |
nominated by one or more organizations under division (A)(2) of | 1148 |
this section, except the employee of the department of public | 1149 |
safety designated by the director of public safety under this | 1150 |
section to be a member of the board. In that event, the | 1151 |
organization or organizations shall continue to nominate the | 1152 |
required number of persons until the governor appoints to the | 1153 |
board one or more of the persons nominated by the organization or | 1154 |
organizations. | 1155 |
The director of public safety shall designate an employee of | 1156 |
the department of public safety to serve as a member of the board | 1157 |
at the director's pleasure. This member shall serve as a liaison | 1158 |
between the department and the division of emergency medical | 1159 |
services in cooperation with the executive director of the board. | 1160 |
| 1161 |
1162 | |
1163 | |
1164 | |
1165 | |
1166 | |
1167 | |
1168 | |
1169 | |
1170 |
(B) Terms of office of all members appointed by the governor | 1171 |
shall be for three years, each term ending on the same day of the | 1172 |
same month as did the term it succeeds. Each member shall hold | 1173 |
office from the date of appointment until the end of the term for | 1174 |
which the member was appointed. A member shall continue in office | 1175 |
subsequent to the expiration date of the member's term until the | 1176 |
member's successor takes office, or until a period of sixty days | 1177 |
has elapsed, whichever occurs first. | 1178 |
Each vacancy shall be filled in the same manner as the | 1179 |
original appointment. A member appointed to fill a vacancy | 1180 |
occurring prior to the expiration of the term for which the | 1181 |
member's predecessor was appointed shall hold office for the | 1182 |
remainder of the unexpired term. | 1183 |
The term of a member shall expire if the member ceases to | 1184 |
meet any of the requirements to be appointed as that member. The | 1185 |
governor may remove any member from office for neglect of duty, | 1186 |
malfeasance, misfeasance, or nonfeasance, after an adjudication | 1187 |
hearing held in accordance with Chapter 119. of the Revised Code. | 1188 |
(C) The members of the board shall serve without compensation | 1189 |
but shall be reimbursed for their actual and necessary expenses | 1190 |
incurred in carrying out their duties as board members. | 1191 |
(D) The board shall organize by annually selecting a chair | 1192 |
and vice-chair from among its members. The board may adopt bylaws | 1193 |
to regulate its affairs. A majority of all members of the board | 1194 |
shall constitute a quorum. No action shall be taken without the | 1195 |
concurrence of a majority of all members of the board. The board | 1196 |
shall meet at least four times annually and at the call of the | 1197 |
chair. The chair shall call a meeting on the request of the | 1198 |
executive director or the medical director of the board or on the | 1199 |
written request of five members. The board shall maintain written | 1200 |
or electronic records of its meetings. | 1201 |
(E) Upon twenty-four hours' notice from a member of the | 1202 |
board, the member's employer shall release the member from the | 1203 |
member's employment duties to attend meetings of the full board. | 1204 |
Nothing in this | 1205 |
member of the board to compensate the member for time the member | 1206 |
is released from employment duties under this paragraph, but any | 1207 |
civil immunity, workers' compensation, disability, or similar | 1208 |
coverage that applies to a member of the board as a result of the | 1209 |
member's employment shall continue to apply while the member is | 1210 |
released from employment duties under this paragraph. | 1211 |
Sec. 4765.03. (A) The director of public safety shall | 1212 |
appoint a full-time executive director for the state board of | 1213 |
emergency medical, fire, and transportation services. The | 1214 |
executive director shall be knowledgeable in emergency medical | 1215 |
services and trauma care and shall serve at the pleasure of the | 1216 |
director of public safety. The director of public safety shall | 1217 |
appoint the executive director from among three persons nominated | 1218 |
by the board. The director of public safety may refuse, for cause, | 1219 |
to appoint any of the board's nominees. If the director fails to | 1220 |
appoint any of the board's nominees, the board shall continue to | 1221 |
nominate groups of three persons until the director does appoint | 1222 |
one of the board's nominees. The executive director shall serve as | 1223 |
the chief executive officer of the board and as the executive | 1224 |
director of the division of emergency medical services. The | 1225 |
executive director shall attend each meeting of the board, except | 1226 |
the board may exclude the executive director from discussions | 1227 |
concerning the employment or performance of the executive director | 1228 |
or medical director of the board. The executive director shall | 1229 |
give a surety bond to the state in such sum as the board | 1230 |
determines, conditioned on the faithful performance of the duties | 1231 |
of the executive director's office. The executive director shall | 1232 |
receive a salary from the board and shall be reimbursed for actual | 1233 |
and necessary expenses incurred in carrying out duties as | 1234 |
executive director. | 1235 |
The executive director shall submit a report to the director | 1236 |
of public safety at least every three months regarding the status | 1237 |
of emergency medical services in this state. The executive | 1238 |
director shall meet with the director of public safety at the | 1239 |
director's request. | 1240 |
(B) The board shall appoint a medical director, who shall | 1241 |
serve at the pleasure of the board. The medical director shall be | 1242 |
a physician certified by the American board of emergency medicine | 1243 |
or the American osteopathic board of emergency medicine who is | 1244 |
active in the practice of emergency medicine and has been actively | 1245 |
involved with an emergency medical service organization for at | 1246 |
least five years prior to being appointed. The board shall | 1247 |
consider any recommendations for this appointment from the Ohio | 1248 |
chapter of the American college of emergency physicians, the Ohio | 1249 |
chapter of the American college of surgeons, the Ohio chapter of | 1250 |
the American academy of pediatrics, the Ohio osteopathic | 1251 |
association, and the Ohio state medical association. | 1252 |
The medical director shall direct the executive director and | 1253 |
advise the board with regard to adult and pediatric trauma and | 1254 |
emergency medical services issues. The medical director shall | 1255 |
attend each meeting of the board, except the board may exclude the | 1256 |
medical director from discussions concerning the appointment or | 1257 |
performance of the medical director or executive director of the | 1258 |
board. The medical director shall be employed and paid by the | 1259 |
board and shall be reimbursed for actual and necessary expenses | 1260 |
incurred in carrying out duties as medical director. | 1261 |
(C) The board may appoint employees as it determines | 1262 |
necessary. The board shall prescribe the duties and titles of its | 1263 |
employees. | 1264 |
Sec. 4765.04. (A) The firefighter and fire safety inspector | 1265 |
training committee of the state board of emergency medical, fire, | 1266 |
and transportation services is hereby created and shall consist of | 1267 |
the members of the board who are chiefs of fire departments, and | 1268 |
the members of the board who are emergency medical | 1269 |
technicians-basic, emergency medical technicians-intermediate, and | 1270 |
emergency medical technicians-paramedic appointed from among | 1271 |
persons nominated by the Ohio association of professional fire | 1272 |
fighters | 1273 |
nominated by the Ohio state firefighter's association. Each member | 1274 |
of the committee, except the chairperson, may designate a person | 1275 |
with fire experience to serve in that member's place. The members | 1276 |
of the committee or their designees shall select a chairperson | 1277 |
from among the members or their designees. | 1278 |
The committee may conduct investigations in the course of | 1279 |
discharging its duties under this chapter. In the course of an | 1280 |
investigation, the committee may issue subpoenas. If a person | 1281 |
subpoenaed fails to comply with the subpoena, the committee may | 1282 |
authorize its chairperson to apply to the court of common pleas in | 1283 |
the county where the person to be subpoenaed resides for an order | 1284 |
compelling compliance in the same manner as compliance with a | 1285 |
subpoena issued by the court is compelled. | 1286 |
(B) The trauma committee of the state board of emergency | 1287 |
medical, fire, and transportation services is hereby created and | 1288 |
shall consist of the following members appointed by the director | 1289 |
of public safety: | 1290 |
(1) A physician who is certified by the American board of | 1291 |
surgery or American osteopathic board of surgery and actively | 1292 |
practices general trauma surgery, appointed from among three | 1293 |
persons nominated by the Ohio chapter of the American college of | 1294 |
surgeons, three persons nominated by the Ohio state medical | 1295 |
association, and three persons nominated by the Ohio osteopathic | 1296 |
association; | 1297 |
(2) A physician who is certified by the American board of | 1298 |
surgery or the American osteopathic board of surgery and actively | 1299 |
practices orthopedic trauma surgery, appointed from among three | 1300 |
persons nominated by the Ohio orthopedic society and three persons | 1301 |
nominated by the Ohio osteopathic association; | 1302 |
(3) A physician who is certified by the American board of | 1303 |
neurological surgeons or the American osteopathic board of surgery | 1304 |
and actively practices neurosurgery on trauma victims, appointed | 1305 |
from among three persons nominated by the Ohio state neurological | 1306 |
society and three persons nominated by the Ohio osteopathic | 1307 |
association; | 1308 |
(4) A physician who is certified by the American board of | 1309 |
surgeons or American osteopathic board of surgeons and actively | 1310 |
specializes in treating burn victims, appointed from among three | 1311 |
persons nominated by the Ohio chapter of the American college of | 1312 |
surgeons and three persons nominated by the Ohio osteopathic | 1313 |
association; | 1314 |
(5) A dentist who is certified by the American board of oral | 1315 |
and maxillofacial surgery and actively practices oral and | 1316 |
maxillofacial surgery, appointed from among three persons | 1317 |
nominated by the Ohio dental association; | 1318 |
(6) A physician who is certified by the American board of | 1319 |
physical medicine and rehabilitation or American osteopathic board | 1320 |
of rehabilitation medicine and actively provides rehabilitative | 1321 |
care to trauma victims, appointed from among three persons | 1322 |
nominated by the Ohio society of physical medicine and | 1323 |
rehabilitation and three persons nominated by the Ohio osteopathic | 1324 |
association; | 1325 |
(7) A physician who is certified by the American board of | 1326 |
surgery or American osteopathic board of surgery with special | 1327 |
qualifications in pediatric surgery and actively practices | 1328 |
pediatric trauma surgery, appointed from among three persons | 1329 |
nominated by the Ohio chapter of the American academy of | 1330 |
pediatrics and three persons nominated by the Ohio osteopathic | 1331 |
association; | 1332 |
(8) A physician who is certified by the American board of | 1333 |
emergency medicine or American osteopathic board of emergency | 1334 |
medicine, actively practices emergency medicine, and is actively | 1335 |
involved in emergency medical services, appointed from among three | 1336 |
persons nominated by the Ohio chapter of the American college of | 1337 |
emergency physicians and three persons nominated by the Ohio | 1338 |
osteopathic association; | 1339 |
(9) A physician who is certified by the American board of | 1340 |
pediatrics, American osteopathic board of pediatrics, or American | 1341 |
board of emergency medicine, is sub-boarded in pediatric emergency | 1342 |
medicine, actively practices pediatric emergency medicine, and is | 1343 |
actively involved in emergency medical services, appointed from | 1344 |
among three persons nominated by the Ohio chapter of the American | 1345 |
academy of pediatrics, three persons nominated by the Ohio chapter | 1346 |
of the American college of emergency physicians, and three persons | 1347 |
nominated by the Ohio osteopathic association; | 1348 |
(10) A physician who is certified by the American board of | 1349 |
surgery, American osteopathic board of surgery, or American board | 1350 |
of emergency medicine and is the chief medical officer of an air | 1351 |
medical organization, appointed from among three persons nominated | 1352 |
by the Ohio association of air medical services; | 1353 |
(11) A coroner or medical examiner appointed from among three | 1354 |
people nominated by the Ohio state coroners' association; | 1355 |
(12) A registered nurse who actively practices trauma nursing | 1356 |
at an adult or pediatric trauma center, appointed from among three | 1357 |
persons nominated by the Ohio association of trauma nurse | 1358 |
coordinators; | 1359 |
(13) A registered nurse who actively practices emergency | 1360 |
nursing and is actively involved in emergency medical services, | 1361 |
appointed from among three persons nominated by the Ohio chapter | 1362 |
of the emergency nurses' association; | 1363 |
(14) The chief trauma registrar of an adult or pediatric | 1364 |
trauma center, appointed from among three persons nominated by the | 1365 |
alliance of Ohio trauma registrars; | 1366 |
(15) The administrator of an adult or pediatric trauma | 1367 |
center, appointed from among three persons nominated by OHA: the | 1368 |
association for hospitals and health systems, three persons | 1369 |
nominated by the Ohio osteopathic association, three persons | 1370 |
nominated by the association of Ohio children's hospitals, and | 1371 |
three persons nominated by the health forum of Ohio; | 1372 |
(16) The administrator of a hospital that is not a trauma | 1373 |
center and actively provides emergency care to adult or pediatric | 1374 |
trauma patients, appointed from among three persons nominated by | 1375 |
OHA: the association for hospitals and health systems, three | 1376 |
persons nominated by the Ohio osteopathic association, three | 1377 |
persons nominated by the association of Ohio children's hospitals, | 1378 |
and three persons nominated by the health forum of Ohio; | 1379 |
(17) The operator of an ambulance company that actively | 1380 |
provides trauma care to emergency patients, appointed from among | 1381 |
three persons nominated by the Ohio ambulance association; | 1382 |
(18) The chief of a fire department that actively provides | 1383 |
trauma care to emergency patients, appointed from among three | 1384 |
persons nominated by the Ohio fire chiefs' association; | 1385 |
(19) An EMT or paramedic who is certified under this chapter | 1386 |
and actively provides trauma care to emergency patients, appointed | 1387 |
from among three persons nominated by the Ohio association of | 1388 |
professional firefighters, three persons nominated by the northern | 1389 |
Ohio fire fighters, three persons nominated by the Ohio state | 1390 |
firefighters' association, and three persons nominated by the Ohio | 1391 |
association of emergency medical services; | 1392 |
(20) A person who actively advocates for trauma victims, | 1393 |
appointed from three persons nominated by the Ohio brain injury | 1394 |
association and three persons nominated by the governor's council | 1395 |
on people with disabilities; | 1396 |
(21) A physician or nurse who has substantial administrative | 1397 |
responsibility for trauma care provided in or by an adult or | 1398 |
pediatric trauma center, appointed from among three persons | 1399 |
nominated by OHA: the association for hospitals and health | 1400 |
systems, three persons nominated by the Ohio osteopathic | 1401 |
association, three persons nominated by the association of Ohio | 1402 |
children's hospitals, and three persons nominated by the health | 1403 |
forum of Ohio; | 1404 |
(22) Three representatives of hospitals that are not trauma | 1405 |
centers and actively provide emergency care to trauma patients, | 1406 |
appointed from among three persons nominated by OHA: the | 1407 |
association for hospitals and health systems, three persons | 1408 |
nominated by the Ohio osteopathic association, three persons | 1409 |
nominated by the association of Ohio children's hospitals, and | 1410 |
three persons nominated by the health forum of Ohio. The | 1411 |
representatives may be hospital administrators, physicians, | 1412 |
nurses, or other clinical professionals. | 1413 |
Members of the committee shall have substantial experience in | 1414 |
the categories they represent, shall be residents of this state, | 1415 |
and may be members of the state board of emergency medical, fire, | 1416 |
and transportation services. In appointing members of the | 1417 |
committee, the director shall attempt to include members | 1418 |
representing urban and rural areas, various geographical areas of | 1419 |
the state, and various schools of training. The director shall not | 1420 |
appoint to the committee more than one member who is employed by | 1421 |
or practices at the same hospital, health system, or emergency | 1422 |
medical service organization. | 1423 |
The director may refuse to appoint any of the persons | 1424 |
nominated by an organization or organizations under this division. | 1425 |
In that event, the organization or organizations shall continue to | 1426 |
nominate the required number of persons until the director | 1427 |
appoints to the committee one or more of the persons nominated by | 1428 |
the organization or organizations. | 1429 |
Initial appointments to the committee shall be made by the | 1430 |
director not later than ninety days after November 3, 2000. | 1431 |
Members of the committee shall serve at the pleasure of the | 1432 |
director, except that any member of the committee who ceases to be | 1433 |
qualified for the position to which the member was appointed shall | 1434 |
cease to be a member of the committee. Vacancies on the committee | 1435 |
shall be filled in the same manner as original appointments. | 1436 |
The members of the committee shall serve without compensation | 1437 |
but shall be reimbursed for actual and necessary expenses incurred | 1438 |
in carrying out duties as members of the committee. | 1439 |
The committee shall select a chairperson and vice-chairperson | 1440 |
from among its members. A majority of all members of the committee | 1441 |
shall constitute a quorum. No action shall be taken without the | 1442 |
concurrence of a majority of all members of the committee. The | 1443 |
committee shall meet at the call of the chair, upon written | 1444 |
request of five members of the committee, and at the direction of | 1445 |
the state board of emergency medical, fire, and transportation | 1446 |
services. The committee shall not meet at times or locations that | 1447 |
conflict with meetings of the board. The executive director and | 1448 |
medical director of the state board of emergency medical, fire, | 1449 |
and transportation services may participate in any meeting of the | 1450 |
committee and shall do so at the request of the committee. | 1451 |
The committee shall advise and assist the state board of | 1452 |
emergency medical, fire, and transportation services in matters | 1453 |
related to adult and pediatric trauma care and the establishment | 1454 |
and operation of the state trauma registry. In matters relating to | 1455 |
the state trauma registry, the board and the committee shall | 1456 |
consult with trauma registrars from adult and pediatric trauma | 1457 |
centers in the state. The committee may appoint a subcommittee to | 1458 |
advise and assist with the trauma registry. The subcommittee may | 1459 |
include persons with expertise relevant to the trauma registry who | 1460 |
are not members of the board or committee. | 1461 |
(C) The state board of emergency medical, fire, and | 1462 |
transportation services may appoint other committees and | 1463 |
subcommittees as it considers necessary. | 1464 |
(D) The state board of emergency medical, fire, and | 1465 |
transportation services, and any of its committees or | 1466 |
subcommittees, may request assistance from any state agency. The | 1467 |
board and its committees and subcommittees may permit persons who | 1468 |
are not members of those bodies to participate in deliberations of | 1469 |
those bodies, but no person who is not a member of the board shall | 1470 |
vote on the board and no person who is not a member of a committee | 1471 |
created under division (A) or (B) of this section shall vote on | 1472 |
that committee. | 1473 |
(E) Sections 101.82 to 101.87 of the Revised Code do not | 1474 |
apply to the committees established under division (A) or (B) of | 1475 |
this section. | 1476 |
Sec. 4765.05. (A) As used in this section, "prehospital | 1477 |
emergency medical services" means an emergency medical services | 1478 |
system that provides medical services to patients who require | 1479 |
immediate assistance, because of illness or injury, prior to their | 1480 |
arrival at an emergency medical facility. | 1481 |
(B) The state board of emergency medical, fire, and | 1482 |
transportation services shall divide the state geographically into | 1483 |
prehospital emergency medical services regions for purposes of | 1484 |
overseeing the delivery of adult and pediatric prehospital | 1485 |
emergency medical services. For each prehospital emergency medical | 1486 |
services region, the state board of emergency medical, fire, and | 1487 |
transportation services shall appoint either a physician to serve | 1488 |
as the regional director or a physician advisory board to serve as | 1489 |
the regional advisory board. The state board of emergency medical, | 1490 |
fire, and transportation services shall specify the duties of each | 1491 |
regional director and regional advisory board. Regional directors | 1492 |
and members of regional advisory boards shall serve without | 1493 |
compensation, but shall be reimbursed for actual and necessary | 1494 |
expenses incurred in carrying out duties as regional directors and | 1495 |
members of regional advisory boards. | 1496 |
(C) Nothing in this section shall be construed to limit in | 1497 |
any way the ability of a hospital to determine the market area of | 1498 |
that hospital. | 1499 |
Sec. 4765.06. (A) The state board of emergency medical, | 1500 |
fire, and transportation services shall establish an emergency | 1501 |
medical services incidence reporting system for the collection of | 1502 |
information regarding the delivery of emergency medical services | 1503 |
in this state and the frequency at which the services are | 1504 |
provided. All emergency medical service organizations shall submit | 1505 |
to the board any information that the board determines is | 1506 |
necessary for maintaining the incidence reporting system. | 1507 |
(B) The board shall establish a state trauma registry to be | 1508 |
used for the collection of information regarding the care of adult | 1509 |
and pediatric trauma victims in this state. The registry shall | 1510 |
provide for the reporting of adult and pediatric trauma-related | 1511 |
deaths, identification of adult and pediatric trauma patients, | 1512 |
monitoring of adult and pediatric trauma patient care data, | 1513 |
determination of the total amount of uncompensated adult and | 1514 |
pediatric trauma care provided annually by each facility that | 1515 |
provides care to trauma victims, and collection of any other | 1516 |
information specified by the board. All persons designated by the | 1517 |
board shall submit to the board any information it determines is | 1518 |
necessary for maintaining the state trauma registry. At the | 1519 |
request of the board any state agency possessing information | 1520 |
regarding adult or pediatric trauma care shall provide the | 1521 |
information to the board. The board shall maintain the state | 1522 |
trauma registry in accordance with rules adopted under section | 1523 |
4765.11 of the Revised Code. | 1524 |
Rules relating to the state trauma registry adopted under | 1525 |
this section and section 4765.11 of the Revised Code shall not | 1526 |
prohibit the operation of other trauma registries and may provide | 1527 |
for the reporting of information to the state trauma registry by | 1528 |
or through other trauma registries in a manner consistent with | 1529 |
information otherwise reported to the state trauma registry. Other | 1530 |
trauma registries may report aggregate information to the state | 1531 |
trauma registry, provided the information can be matched to the | 1532 |
person that reported it. Information maintained by another trauma | 1533 |
registry and reported to the state trauma registry in lieu of | 1534 |
being reported directly to the state trauma registry is a public | 1535 |
record and shall be maintained, made available to the public, held | 1536 |
in confidence, risk adjusted, and not subject to discovery or | 1537 |
introduction into evidence in a civil action as provided in | 1538 |
section 149.43 of the Revised Code and this section. Any person | 1539 |
who provides, maintains, or risk adjusts such information shall | 1540 |
comply with this section and rules adopted under it in performing | 1541 |
that function and has the same immunities with respect to that | 1542 |
function as a person who performs that function with respect to | 1543 |
the state trauma registry. | 1544 |
(C) The board and any employee or contractor of the board or | 1545 |
the department of public safety shall not make public information | 1546 |
it receives under Chapter 4765. of the Revised Code that | 1547 |
identifies or would tend to identify a specific recipient of | 1548 |
emergency medical services or adult or pediatric trauma care. | 1549 |
(D) Not later than two years after November 3, 2000, the | 1550 |
board shall adopt and implement rules under section 4765.11 of the | 1551 |
Revised Code that provide written standards and procedures for | 1552 |
risk adjustment of information received by the board under Chapter | 1553 |
4765. of the Revised Code. The rules shall be developed in | 1554 |
consultation with appropriate medical, hospital, and emergency | 1555 |
medical service organizations and may provide for risk adjustment | 1556 |
by a contractor of the board. Except as provided in division (G) | 1557 |
of this section, before risk adjustment standards and procedures | 1558 |
are implemented, no member of the board and no employee or | 1559 |
contractor of the board or the department of public safety shall | 1560 |
make public information received by the board under Chapter 4765. | 1561 |
of the Revised Code that identifies or would tend to identify a | 1562 |
specific provider of emergency medical services or adult or | 1563 |
pediatric trauma care. Except as provided in division (G) of this | 1564 |
section, after risk adjustment standards and procedures are | 1565 |
implemented, the board shall make public such information only on | 1566 |
a risk adjusted basis. | 1567 |
(E) The board shall adopt rules under section 4765.11 of the | 1568 |
Revised Code that specify procedures for ensuring the | 1569 |
confidentiality of information that is not to be made public under | 1570 |
this section. The rules shall specify the circumstances in which | 1571 |
deliberations of the persons performing risk adjustment functions | 1572 |
under this section are not open to the public and records of those | 1573 |
deliberations are maintained in confidence. Nothing in this | 1574 |
section prohibits the board from making public statistical | 1575 |
information that does not identify or tend to identify a specific | 1576 |
recipient or provider of emergency medical services or adult or | 1577 |
pediatric trauma care. | 1578 |
(F) No provider that furnishes information to the board with | 1579 |
respect to any patient the provider examined or treated shall, | 1580 |
because of this furnishing, be deemed liable in damages to any | 1581 |
person or be held to answer for betrayal of a professional | 1582 |
confidence in the absence of willful or wanton misconduct. No such | 1583 |
information shall be subject to introduction in evidence in any | 1584 |
civil action against the provider. No provider that furnishes | 1585 |
information to the board shall be liable for the misuse or | 1586 |
improper release of the information by the board or any other | 1587 |
person. | 1588 |
No person who performs risk adjustment functions under this | 1589 |
section shall, because of performing such functions, be held | 1590 |
liable in a civil action for betrayal of professional confidence | 1591 |
or otherwise in the absence of willful or wanton misconduct. | 1592 |
(G) The board may transmit data that identifies or tends to | 1593 |
identify a specific provider of emergency medical services care | 1594 |
and has not been risk-adjusted from the emergency medical services | 1595 |
incident reporting system directly to the national emergency | 1596 |
medical services information system, pursuant to a written | 1597 |
contract between the board and the federal agency that administers | 1598 |
the national emergency medical services information system, which | 1599 |
shall ensure to the maximum extent permitted by federal law that | 1600 |
such agency shall use such data solely for inclusion in the | 1601 |
national emergency medical services information system and shall | 1602 |
not disclose such data to the public, through legal discovery, a | 1603 |
freedom of information request, or otherwise, in a manner that | 1604 |
identifies or tends to identify a specific provider of emergency | 1605 |
medical services care. | 1606 |
Sec. 4765.07. (A) The state board of emergency medical, | 1607 |
fire, and transportation services shall adopt rules under section | 1608 |
4765.11 of the Revised Code to establish and administer a grant | 1609 |
program under which grants are distributed according to the | 1610 |
following priorities: | 1611 |
(1) First priority shall be given to emergency medical | 1612 |
service organizations for the training of personnel, for the | 1613 |
purchase of equipment and vehicles, and to improve the | 1614 |
availability, accessibility, and quality of emergency medical | 1615 |
services in this state. In this category, the board shall give | 1616 |
priority to grants that fund training and equipping of emergency | 1617 |
medical service personnel. | 1618 |
(2) Second priority shall be given to entities that research, | 1619 |
test, and evaluate medical procedures and systems related to adult | 1620 |
and pediatric trauma care. | 1621 |
(3) Third priority shall be given to entities that research | 1622 |
the causes, nature, and effects of traumatic injuries, educate the | 1623 |
public about injury prevention, and implement, test, and evaluate | 1624 |
injury prevention strategies. | 1625 |
(4) Fourth priority shall be given to entities that research, | 1626 |
test, and evaluate procedures that promote the rehabilitation, | 1627 |
retraining, and reemployment of adult or pediatric trauma victims | 1628 |
and social service support mechanisms for adult or pediatric | 1629 |
trauma victims and their families. | 1630 |
(5) Fifth priority shall be given to entities that conduct | 1631 |
research on, test, or evaluate one or more of the following: | 1632 |
(a) Procedures governing the performance of emergency medical | 1633 |
services in this state; | 1634 |
(b) The training of emergency medical service personnel; | 1635 |
(c) The staffing of emergency medical service organizations. | 1636 |
(6) For grants distributed for the grant award years | 1637 |
occurring not later than the award year ending June 30, 2017, | 1638 |
sixth priority shall be given to entities that operate paramedic | 1639 |
training programs and are seeking national accreditation of the | 1640 |
programs. | 1641 |
(B) To be eligible for a grant distributed pursuant to | 1642 |
division (A)(6) of this section, an applicant for the grant shall | 1643 |
meet all of the following conditions: | 1644 |
(1) Hold a certificate of accreditation issued by the board | 1645 |
under section 4765.17 of the Revised Code to operate a paramedic | 1646 |
training program; | 1647 |
(2) Be seeking initial national accreditation of the program | 1648 |
from an accrediting organization approved by the board; | 1649 |
(3) Apply for the national accreditation on or after February | 1650 |
25, 2010. | 1651 |
(C) The grant program shall be funded from the trauma and | 1652 |
emergency medical services fund created by section 4513.263 of the | 1653 |
Revised Code. | 1654 |
Sec. 4765.08. The state board of emergency medical, fire, | 1655 |
and transportation services shall prepare a statewide emergency | 1656 |
medical services plan and shall revise the plan as necessary. | 1657 |
The board shall prepare a plan for the statewide regulation | 1658 |
of emergency medical services during periods of disaster. The plan | 1659 |
shall be consistent with the statewide emergency medical services | 1660 |
plan required under this section and with the statewide emergency | 1661 |
operations plan required under section 5502.22 of the Revised | 1662 |
Code. The board shall submit the plan to the emergency management | 1663 |
agency created under section 5502.22 of the Revised Code. The | 1664 |
board shall cooperate with the agency in any other manner the | 1665 |
agency considers necessary to develop and implement the statewide | 1666 |
emergency operations plan. | 1667 |
Sec. 4765.09. The state board of emergency medical, fire, | 1668 |
and transportation services shall prepare recommendations for the | 1669 |
operation of ambulance service organizations, air medical | 1670 |
organizations, and emergency medical service organizations. Within | 1671 |
thirty days following the preparation or modification of | 1672 |
recommendations, the board shall notify the board of county | 1673 |
commissioners of any county, the board of township trustees of any | 1674 |
township, the board of trustees of any joint ambulance district, | 1675 |
or the board of trustees of any joint emergency medical services | 1676 |
district in which there exist ambulance service organizations, air | 1677 |
medical organizations, or emergency medical service organizations | 1678 |
of any board recommendations for the operation of such | 1679 |
organizations. The recommendations shall include, but not be | 1680 |
limited to: | 1681 |
(A) The definition and classification of ambulances and | 1682 |
medical aircraft; | 1683 |
(B) The design, equipment, and supplies for ambulances and | 1684 |
medical aircraft, including special equipment, supplies, training, | 1685 |
and staffing required to assist pediatric and geriatric emergency | 1686 |
victims; | 1687 |
(C) The minimum number and type of personnel for the | 1688 |
operation of ambulances and medical aircraft; | 1689 |
(D) The communication systems necessary for the operation of | 1690 |
ambulances and medical aircraft; | 1691 |
(E) Reports to be made by persons holding certificates of | 1692 |
accreditation or approval issued under section 4765.17 of the | 1693 |
Revised Code and certificates to practice issued under section | 1694 |
4765.30 of the Revised Code to ascertain compliance with this | 1695 |
chapter and the rules and recommendations adopted thereunder and | 1696 |
to ascertain the quantity and quality of ambulance service | 1697 |
organizations, air medical organizations, and emergency medical | 1698 |
service organizations throughout the state. | 1699 |
Sec. 4765.10. (A) The state board of emergency medical, | 1700 |
fire, and transportation services shall do all of the following: | 1701 |
(1) Administer and enforce the provisions of this chapter and | 1702 |
the rules adopted under it; | 1703 |
(2) Approve, in accordance with procedures established in | 1704 |
rules adopted under section 4765.11 of the Revised Code, | 1705 |
examinations that demonstrate competence to have a certificate to | 1706 |
practice renewed without completing a continuing education | 1707 |
program; | 1708 |
(3) Advise applicants for state or federal emergency medical | 1709 |
services funds, review and comment on applications for these | 1710 |
funds, and approve the use of all state and federal funds | 1711 |
designated solely for emergency medical service programs unless | 1712 |
federal law requires another state agency to approve the use of | 1713 |
all such federal funds; | 1714 |
(4) Serve as a statewide clearinghouse for discussion, | 1715 |
inquiry, and complaints concerning emergency medical services; | 1716 |
(5) Make recommendations to the general assembly on | 1717 |
legislation to improve the delivery of emergency medical services; | 1718 |
(6) Maintain a toll-free long distance telephone number | 1719 |
through which it shall respond to questions about emergency | 1720 |
medical services; | 1721 |
(7) Work with appropriate state offices in coordinating the | 1722 |
training of firefighters and emergency medical service personnel. | 1723 |
Other state offices that are involved in the training of | 1724 |
firefighters or emergency medical service personnel shall | 1725 |
cooperate with the board and its committees and subcommittees to | 1726 |
achieve this goal. | 1727 |
(8) Provide a liaison to the state emergency operation center | 1728 |
during those periods when a disaster, as defined in section | 1729 |
5502.21 of the Revised Code, has occurred in this state and the | 1730 |
governor has declared an emergency as defined in that section. | 1731 |
(B) The board may do any of the following: | 1732 |
(1) Investigate complaints concerning emergency medical | 1733 |
services and emergency medical service organizations as it | 1734 |
determines necessary; | 1735 |
(2) Enter into reciprocal agreements with other states that | 1736 |
have standards for accreditation of emergency medical services | 1737 |
training programs and for certification of first responders, | 1738 |
EMTs-basic, EMTs-I, paramedics, firefighters, or fire safety | 1739 |
inspectors that are substantially similar to those established | 1740 |
under this chapter and the rules adopted under it; | 1741 |
(3) Establish a statewide public information system and | 1742 |
public education programs regarding emergency medical services; | 1743 |
(4) Establish an injury prevention program. | 1744 |
Sec. 4765.101. (A) The state board of emergency medical, | 1745 |
fire, and transportation services shall investigate any allegation | 1746 |
that a person has violated this chapter or a rule adopted under | 1747 |
it. | 1748 |
Any person may submit to the board a written complaint | 1749 |
regarding an alleged violation of this chapter or a rule adopted | 1750 |
under it. In the absence of fraud or bad faith, no person | 1751 |
submitting a complaint to the board or testifying in an | 1752 |
adjudication hearing conducted in accordance with Chapter 119. of | 1753 |
the Revised Code with regard to such an alleged violation shall be | 1754 |
liable to any person in damages in a civil action as a result of | 1755 |
submitting the complaint or providing testimony. | 1756 |
(B) In investigating an allegation, the board may do any of | 1757 |
the following: | 1758 |
(1) Administer oaths; | 1759 |
(2) Order the taking of depositions; | 1760 |
(3) Issue subpoenas; | 1761 |
(4) Compel the attendance of witnesses and production of | 1762 |
books, accounts, papers, records, documents, and testimony. | 1763 |
(C) A subpoena for patient record information shall not be | 1764 |
issued without consultation with the attorney general's office and | 1765 |
approval of the executive director of the board. Before issuance | 1766 |
of a subpoena for patient record information, the executive | 1767 |
director shall determine whether there is probable cause to | 1768 |
believe that the complaint filed alleges a violation of this | 1769 |
chapter or any rule adopted under it and that the records sought | 1770 |
are relevant to the alleged violation and material to the | 1771 |
investigation. The subpoena may apply only to records that cover a | 1772 |
reasonable period of time surrounding the alleged violation. | 1773 |
(D) On failure to comply with any subpoena issued by the | 1774 |
board and after reasonable notice to the person being subpoenaed, | 1775 |
the board may move, pursuant to the Rules of Civil Procedure, for | 1776 |
an order compelling the production of persons or records. | 1777 |
(E) A subpoena issued by the board may be served by a | 1778 |
sheriff, the sheriff's deputy, or an investigator for the division | 1779 |
of emergency medical services of the department of public safety. | 1780 |
Service of a subpoena issued by the board may be made by | 1781 |
delivering a copy of the subpoena to the person named in it, | 1782 |
reading it to the person, or leaving it at the person's usual | 1783 |
place of residence. When the person being served is an individual | 1784 |
authorized by this chapter to practice emergency medical services, | 1785 |
service of the subpoena may be made by certified mail, restricted | 1786 |
delivery, return receipt requested, and the subpoena shall be | 1787 |
deemed served on the date delivery is made or on the date that the | 1788 |
person refuses to accept delivery. | 1789 |
Sec. 4765.102. (A) As used in this section, "licensing | 1790 |
agency" means any entity that has the authority pursuant to Title | 1791 |
XLVII of the Revised Code to issue a license, and any other agency | 1792 |
of this or another state, other than the Ohio supreme court, that | 1793 |
has the authority to issue a license that authorizes an individual | 1794 |
to engage in an occupation or profession. "Licensing agency" | 1795 |
includes an administrative officer that has authority to issue a | 1796 |
license that authorizes an individual to engage in an occupation | 1797 |
or profession. | 1798 |
(B) Except as provided in divisions (C) and (D) of this | 1799 |
section and section 4765.111 of the Revised Code, all information | 1800 |
the state board of emergency medical, fire, and transportation | 1801 |
services receives pursuant to an investigation, including | 1802 |
information regarding an alleged violation of this chapter or | 1803 |
rules adopted under it or a complaint submitted under division (A) | 1804 |
of section 4765.101 of the Revised Code, is confidential, and is | 1805 |
not subject to discovery in any civil action, during the course of | 1806 |
the investigation and any adjudication proceedings that result | 1807 |
from the investigation. Upon completion of the investigation and | 1808 |
any resulting adjudication proceedings, the information is a | 1809 |
matter of public record for purposes of section 149.43 of the | 1810 |
Revised Code. | 1811 |
(C) The board may release information otherwise made | 1812 |
confidential by division (B) of this section to law enforcement | 1813 |
officers or licensing agencies of this or another state that are | 1814 |
prosecuting, adjudicating, or investigating the holder of a | 1815 |
certificate issued under this chapter or a person who allegedly | 1816 |
engaged in the unauthorized provision of emergency medical | 1817 |
services. | 1818 |
A law enforcement officer or licensing agency with | 1819 |
information disclosed by the board under this division shall not | 1820 |
divulge the information other than for the purpose of an | 1821 |
adjudication by a court or licensing agency to which the subject | 1822 |
of the adjudication is a party. | 1823 |
(D) If an investigation conducted under section 4765.101 of | 1824 |
the Revised Code requires a review of patient records, the | 1825 |
investigation and proceedings related to it shall be conducted in | 1826 |
such a manner as to protect patient confidentiality. The board | 1827 |
shall not make public the name or any other identifying | 1828 |
information about a patient unless proper consent is given in | 1829 |
accordance with rules adopted by the board. If the patient is less | 1830 |
than eighteen years of age, the board shall obtain consent from | 1831 |
the patient's parent, guardian, or custodian. | 1832 |
Sec. 4765.11. (A) The state board of emergency medical, | 1833 |
fire, and transportation services shall adopt, and may amend and | 1834 |
rescind, rules in accordance with Chapter 119. of the Revised Code | 1835 |
and division (C) of this section that establish all of the | 1836 |
following: | 1837 |
(1) Procedures for its governance and the control of its | 1838 |
actions and business affairs; | 1839 |
(2) Standards for the performance of emergency medical | 1840 |
services by first responders, emergency medical technicians-basic, | 1841 |
emergency medical technicians-intermediate, and emergency medical | 1842 |
technicians-paramedic; | 1843 |
(3) Application fees for certificates of accreditation, | 1844 |
certificates of approval, certificates to teach, and certificates | 1845 |
to practice, which shall be deposited into the trauma and | 1846 |
emergency medical services fund created in section 4513.263 of the | 1847 |
Revised Code; | 1848 |
(4) Criteria for determining when the application or renewal | 1849 |
fee for a certificate to practice may be waived because an | 1850 |
applicant cannot afford to pay the fee; | 1851 |
(5) Procedures for issuance and renewal of certificates of | 1852 |
accreditation, certificates of approval, certificates to teach, | 1853 |
and certificates to practice, including any procedures necessary | 1854 |
to ensure that adequate notice of renewal is provided in | 1855 |
accordance with division (D) of section 4765.30 of the Revised | 1856 |
Code; | 1857 |
(6) Procedures for suspending or revoking certificates of | 1858 |
accreditation, certificates of approval, certificates to teach, | 1859 |
and certificates to practice; | 1860 |
(7) Grounds for suspension or revocation of a certificate to | 1861 |
practice issued under section 4765.30 of the Revised Code and for | 1862 |
taking any other disciplinary action against a first responder, | 1863 |
EMT-basic, EMT-I, or paramedic; | 1864 |
(8) Procedures for taking disciplinary action against a first | 1865 |
responder, EMT-basic, EMT-I, or paramedic; | 1866 |
(9) Standards for certificates of accreditation and | 1867 |
certificates of approval; | 1868 |
(10) Qualifications for certificates to teach; | 1869 |
(11) Requirements for a certificate to practice; | 1870 |
(12) The curricula, number of hours of instruction and | 1871 |
training, and instructional materials to be used in adult and | 1872 |
pediatric emergency medical services training programs and adult | 1873 |
and pediatric emergency medical services continuing education | 1874 |
programs; | 1875 |
(13) Procedures for conducting courses in recognizing | 1876 |
symptoms of life-threatening allergic reactions and in calculating | 1877 |
proper dosage levels and administering injections of epinephrine | 1878 |
to adult and pediatric patients who suffer life-threatening | 1879 |
allergic reactions; | 1880 |
(14) Examinations for certificates to practice; | 1881 |
(15) Procedures for administering examinations for | 1882 |
certificates to practice; | 1883 |
(16) Procedures for approving examinations that demonstrate | 1884 |
competence to have a certificate to practice renewed without | 1885 |
completing an emergency medical services continuing education | 1886 |
program; | 1887 |
(17) Procedures for granting extensions and exemptions of | 1888 |
emergency medical services continuing education requirements; | 1889 |
(18) Procedures for approving the additional emergency | 1890 |
medical services first responders are authorized by division (C) | 1891 |
of section 4765.35 of the Revised Code to perform, EMTs-basic are | 1892 |
authorized by division (C) of section 4765.37 of the Revised Code | 1893 |
to perform, EMTs-I are authorized by division (B)(5) of section | 1894 |
4765.38 of the Revised Code to perform, and paramedics are | 1895 |
authorized by division (B)(6) of section 4765.39 of the Revised | 1896 |
Code to perform; | 1897 |
(19) Standards and procedures for implementing the | 1898 |
requirements of section 4765.06 of the Revised Code, including | 1899 |
designations of the persons who are required to report information | 1900 |
to the board and the types of information to be reported; | 1901 |
(20) Procedures for administering the emergency medical | 1902 |
services grant program established under section 4765.07 of the | 1903 |
Revised Code; | 1904 |
(21) Procedures consistent with Chapter 119. of the Revised | 1905 |
Code for appealing decisions of the board; | 1906 |
(22) Minimum qualifications and peer review and quality | 1907 |
improvement requirements for persons who provide medical direction | 1908 |
to emergency medical service personnel; | 1909 |
(23) The manner in which a patient, or a patient's parent, | 1910 |
guardian, or custodian may consent to the board releasing | 1911 |
identifying information about the patient under division (D) of | 1912 |
section 4765.102 of the Revised Code; | 1913 |
(24) Circumstances under which a training program or | 1914 |
continuing education program, or portion of either type of | 1915 |
program, may be taught by a person who does not hold a certificate | 1916 |
to teach issued under section 4765.23 of the Revised Code; | 1917 |
(25) Certification cycles for certificates issued under | 1918 |
sections 4765.23 and 4765.30 of the Revised Code and certificates | 1919 |
issued by the executive director of the state board of emergency | 1920 |
medical, fire, and transportation services under section 4765.55 | 1921 |
of the Revised Code that establish a common expiration date for | 1922 |
all certificates. | 1923 |
(B) The board may adopt, and may amend and rescind, rules in | 1924 |
accordance with Chapter 119. of the Revised Code and division (C) | 1925 |
of this section that establish the following: | 1926 |
(1) Specifications of information that may be collected under | 1927 |
the trauma system registry and incidence reporting system created | 1928 |
under section 4765.06 of the Revised Code; | 1929 |
(2) Standards and procedures for implementing any of the | 1930 |
recommendations made by any committees of the board or under | 1931 |
section 4765.04 of the Revised Code; | 1932 |
(3) Requirements that a person must meet to receive a | 1933 |
certificate to practice as a first responder pursuant to division | 1934 |
(A)(2) of section 4765.30 of the Revised Code; | 1935 |
(4) Any other rules necessary to implement this chapter. | 1936 |
(C) In developing and administering rules adopted under this | 1937 |
chapter, the state board of emergency medical, fire, and | 1938 |
transportation services shall consult with regional directors and | 1939 |
regional physician advisory boards created by section 4765.05 of | 1940 |
the Revised Code and emphasize the special needs of pediatric and | 1941 |
geriatric patients. | 1942 |
(D) Except as otherwise provided in this division, before | 1943 |
adopting, amending, or rescinding any rule under this chapter, the | 1944 |
board shall submit the proposed rule to the director of public | 1945 |
safety for review. The director may review the proposed rule for | 1946 |
not more than sixty days after the date it is submitted. If, | 1947 |
within this sixty-day period, the director approves the proposed | 1948 |
rule or does not notify the board that the rule is disapproved, | 1949 |
the board may adopt, amend, or rescind the rule as proposed. If, | 1950 |
within this sixty-day period, the director notifies the board that | 1951 |
the proposed rule is disapproved, the board shall not adopt, | 1952 |
amend, or rescind the rule as proposed unless at least twelve | 1953 |
members of the board vote to adopt, amend, or rescind it. | 1954 |
This division does not apply to an emergency rule adopted in | 1955 |
accordance with section 119.03 of the Revised Code. | 1956 |
Sec. 4765.111. Except as provided in this section or sections | 1957 |
4765.112 to 4765.116 of the Revised Code, the state board of | 1958 |
emergency medical, fire, and transportation services shall conduct | 1959 |
disciplinary proceedings regarding the holder of a certificate | 1960 |
issued under this chapter in accordance with rules adopted by the | 1961 |
board under section 4765.11 of the Revised Code. | 1962 |
The board and a holder of a certificate are the parties to a | 1963 |
hearing conducted under this chapter. Either party may submit a | 1964 |
written request to the other party for a list of witnesses and | 1965 |
copies of documents intended to be introduced at the hearing. The | 1966 |
request shall be in writing and shall be served not less than | 1967 |
thirty-seven days prior to the commencement of the hearing, unless | 1968 |
the hearing officer or presiding board member grants an extension | 1969 |
of time to make the request. Not later than thirty days before the | 1970 |
hearing, the responding party shall provide the requested list of | 1971 |
witnesses and copies of documents to the requesting party, unless | 1972 |
the hearing officer or presiding board member grants an extension | 1973 |
of time to provide the list and copies. | 1974 |
Failure to timely provide a list or copies requested in | 1975 |
accordance with this section shall result in exclusion from the | 1976 |
hearing of the witnesses, testimony, or documents. | 1977 |
Sec. 4765.112. (A) The state board of emergency medical, | 1978 |
fire, and transportation services, by an affirmative vote of the | 1979 |
majority of its members, may suspend without a prior hearing a | 1980 |
certificate to practice issued under this chapter if the board | 1981 |
determines that there is clear and convincing evidence that | 1982 |
continued practice by the certificate holder presents a danger of | 1983 |
immediate and serious harm to the public and that the certificate | 1984 |
holder has done any of the following: | 1985 |
(1) Furnished false, fraudulent, or misleading information to | 1986 |
the board; | 1987 |
(2) Engaged in activities that exceed those permitted by the | 1988 |
individual's certificate; | 1989 |
(3) In a court of this or any other state or federal court | 1990 |
been convicted of, pleaded guilty to, or been the subject of a | 1991 |
judicial finding of guilt of, a judicial finding of guilt | 1992 |
resulting from a plea of no contest to, or a judicial finding of | 1993 |
eligibility for intervention in lieu of conviction for, a felony | 1994 |
or for a misdemeanor committed in the course of practice or | 1995 |
involving gross immorality or moral turpitude. | 1996 |
(B) Immediately following the decision to impose a summary | 1997 |
suspension, the board, in accordance with section 119.07 of the | 1998 |
Revised Code, shall issue a written order of suspension, cause it | 1999 |
to be delivered to the certificate holder, and notify the | 2000 |
certificate holder of the opportunity for a hearing. If timely | 2001 |
requested by the certificate holder, a hearing shall be conducted | 2002 |
in accordance with section 4765.115 of the Revised Code. | 2003 |
Sec. 4765.113. If the state board of emergency medical, | 2004 |
fire, and transportation services imposes a suspension on the | 2005 |
basis of a conviction, judicial finding, or plea as described in | 2006 |
division (A)(3) of section 4765.112 of the Revised Code that is | 2007 |
overturned on appeal, the certificate holder, on exhaustion of the | 2008 |
criminal appeal process, may file with the board a petition for | 2009 |
reconsideration of the suspension along with appropriate court | 2010 |
documents. On receipt of the petition and documents, the board | 2011 |
shall reinstate the certificate holder's certificate to practice. | 2012 |
Sec. 4765.114. (A) A certificate to practice emergency | 2013 |
medical services issued under this chapter is automatically | 2014 |
suspended on the certificate holder's conviction of, plea of | 2015 |
guilty to, or judicial finding of guilt of any of the following: | 2016 |
aggravated murder, murder, voluntary manslaughter, felonious | 2017 |
assault, kidnapping, rape, sexual battery, gross sexual | 2018 |
imposition, aggravated arson, aggravated burglary, aggravated | 2019 |
robbery, or a substantially equivalent offense committed in this | 2020 |
or another jurisdiction. Continued practice after the suspension | 2021 |
is practicing without a certificate. | 2022 |
(B) If the state board of emergency medical, fire, and | 2023 |
transportation services has knowledge that an automatic suspension | 2024 |
has occurred, it shall notify, in accordance with section 119.07 | 2025 |
of the Revised Code, the certificate holder of the suspension and | 2026 |
of the opportunity for a hearing. If timely requested by the | 2027 |
certificate holder, a hearing shall be conducted in accordance | 2028 |
with section 4765.115 of the Revised Code. | 2029 |
Sec. 4765.115. (A) A suspension order issued under section | 2030 |
4765.112 or automatic suspension under section 4765.114 of the | 2031 |
Revised Code is not subject to suspension by a court prior to a | 2032 |
hearing under this section or during the pendency of any appeal | 2033 |
filed under section 119.12 of the Revised Code. | 2034 |
(B) A suspension order issued under section 4765.112 or | 2035 |
automatic suspension under section 4765.114 of the Revised Code | 2036 |
remains in effect, unless reversed by the state board of emergency | 2037 |
medical, fire, and transportation services, until a final | 2038 |
adjudication order issued by the board pursuant to this section | 2039 |
becomes effective. | 2040 |
(C) Hearings requested pursuant to section 4765.112 or | 2041 |
4765.114 of the Revised Code shall be conducted under this section | 2042 |
in accordance with Chapter 119. of the Revised Code. | 2043 |
(D) A hearing under this section shall be held not later than | 2044 |
forty-five days but not earlier than forty days after the | 2045 |
certificate holder requests it, unless another date is agreed to | 2046 |
by the certificate holder and the board. | 2047 |
(E) After completion of an adjudication hearing, the board | 2048 |
may adopt, by an affirmative vote of the majority of its members, | 2049 |
a final adjudication order that imposes any of the following | 2050 |
sanctions: | 2051 |
(1) Suspension of the holder's certificate to practice; | 2052 |
(2) Revocation of the holder's certificate to practice; | 2053 |
(3) Issuance of a written reprimand; | 2054 |
(4) A refusal to renew or a limitation on the holder's | 2055 |
certificate to practice. | 2056 |
The board shall issue its final adjudication order not later | 2057 |
than forty-five days after completion of an adjudication hearing. | 2058 |
If the board does not issue a final order within that time period, | 2059 |
the suspension order is void, but any final adjudication order | 2060 |
subsequently issued is not affected. | 2061 |
(F) Any action taken by the board under this section | 2062 |
resulting in a suspension from practice shall be accompanied by a | 2063 |
written statement of the conditions under which the certificate to | 2064 |
practice may be reinstated. Reinstatement of a certificate | 2065 |
suspended under this section requires an affirmative vote by the | 2066 |
majority of the members of the board. | 2067 |
(G) When the board revokes or refuses to reinstate a | 2068 |
certificate to practice, the board may specify that its action is | 2069 |
permanent. An individual subject to permanent action taken by the | 2070 |
board is forever ineligible to hold a certificate of the type | 2071 |
revoked or refused, and the board shall not accept from the | 2072 |
individual an application for reinstatement of the certificate or | 2073 |
for a new certificate. | 2074 |
Sec. 4765.116. If a certificate holder subject to a | 2075 |
suspension order issued by the state board of emergency medical, | 2076 |
fire, and transportation services under section 4765.112 or an | 2077 |
automatic suspension order under section 4765.114 of the Revised | 2078 |
Code fails to make a timely request for a hearing, the following | 2079 |
apply: | 2080 |
(A) In the case of a certificate holder subject to a summary | 2081 |
suspension order, the board is not required to hold a hearing, but | 2082 |
may adopt, by an affirmative vote of a majority of its members, a | 2083 |
final order that contains the board's findings. In the final | 2084 |
order, the board may order any of the sanctions listed in division | 2085 |
(E) of section 4765.115 of the Revised Code. | 2086 |
(B) In the case of a certificate holder subject to an | 2087 |
automatic suspension order, the board may adopt, by an affirmative | 2088 |
vote of a majority of its members, a final order that permanently | 2089 |
revokes the holder's certificate to practice. | 2090 |
Sec. 4765.12. (A) Not later than two years after
| 2091 |
2092 | |
of emergency medical, fire, and transportation services shall | 2093 |
develop and distribute guidelines for the care of trauma victims | 2094 |
by emergency medical service personnel and for the conduct of peer | 2095 |
review and quality assurance programs by emergency medical service | 2096 |
organizations. The guidelines shall be consistent with the state | 2097 |
trauma triage protocols adopted in rules under sections 4765.11 | 2098 |
and 4765.40 of the Revised Code and shall place emphasis on the | 2099 |
special needs of pediatric and geriatric trauma victims. In | 2100 |
developing the guidelines, the board shall consult with entities | 2101 |
with interests in trauma and emergency medical services and shall | 2102 |
consider any relevant guidelines adopted by national | 2103 |
organizations, including the American college of surgeons, | 2104 |
American college of emergency physicians, and American academy of | 2105 |
pediatrics. The board shall distribute the guidelines, and | 2106 |
amendments to the guidelines, to each emergency medical service | 2107 |
organization, regional director, regional physician advisory | 2108 |
board, certified emergency medical service instructor, and person | 2109 |
who regularly provides medical direction to emergency medical | 2110 |
service personnel in this state. | 2111 |
(B) Not later than three years after | 2112 |
2113 | |
organization in this state shall implement ongoing peer review and | 2114 |
quality assurance programs designed to improve the availability | 2115 |
and quality of the emergency medical services it provides. The | 2116 |
form and content of the programs shall be determined by each | 2117 |
emergency medical service organization. In implementing the | 2118 |
programs, each emergency medical service organization shall | 2119 |
consider how to improve its ability to provide effective trauma | 2120 |
care, particularly for pediatric and geriatric trauma victims, and | 2121 |
shall take into account the trauma care guidelines developed by | 2122 |
the state board of emergency medical, fire, and transportation | 2123 |
services under this section. | 2124 |
Information generated solely for use in a peer review or | 2125 |
quality assurance program conducted on behalf of an emergency | 2126 |
medical service organization is not a public record under section | 2127 |
149.43 of the Revised Code. Such information, and any discussion | 2128 |
conducted in the course of a peer review or quality assurance | 2129 |
program conducted on behalf of an emergency medical service | 2130 |
organization, is not subject to discovery in a civil action and | 2131 |
shall not be introduced into evidence in a civil action against | 2132 |
the emergency medical service organization on whose behalf the | 2133 |
information was generated or the discussion occurred. | 2134 |
No emergency medical service organization on whose behalf a | 2135 |
peer review or quality assurance program is conducted, and no | 2136 |
person who conducts such a program, because of performing such | 2137 |
functions, shall be liable in a civil action for betrayal of | 2138 |
professional confidence or otherwise in the absence of willful or | 2139 |
wanton misconduct. | 2140 |
Sec. 4765.15. A person seeking to operate an emergency | 2141 |
medical services training program shall submit a completed | 2142 |
application for accreditation to the state board of emergency | 2143 |
medical, fire, and transportation services on a form the board | 2144 |
shall prescribe and furnish. The application shall be accompanied | 2145 |
by the appropriate application fee established in rules adopted | 2146 |
under section 4765.11 of the Revised Code. | 2147 |
A person seeking to operate an emergency medical services | 2148 |
continuing education program shall submit a completed application | 2149 |
for approval to the board on a form the board shall prescribe and | 2150 |
furnish. The application shall be accompanied by the appropriate | 2151 |
application fee established in rules adopted under section 4765.11 | 2152 |
of the Revised Code. | 2153 |
The board shall administer the accreditation and approval | 2154 |
processes pursuant to rules adopted under section 4765.11 of the | 2155 |
Revised Code. In administering these processes, the board may | 2156 |
authorize other persons to evaluate applications for accreditation | 2157 |
or approval and may accept the recommendations made by those | 2158 |
persons. | 2159 |
The board may cause an investigation to be made into the | 2160 |
accuracy of the information submitted in any application for | 2161 |
accreditation or approval. If an investigation indicates that | 2162 |
false, misleading, or incomplete information has been submitted to | 2163 |
the board in connection with any application for accreditation or | 2164 |
approval, the board shall conduct a hearing on the matter in | 2165 |
accordance with Chapter 119. of the Revised Code. | 2166 |
Sec. 4765.16. (A) All courses offered through an emergency | 2167 |
medical services training program or an emergency medical services | 2168 |
continuing education program, other than ambulance driving, shall | 2169 |
be developed under the direction of a physician who specializes in | 2170 |
emergency medicine. Each course that deals with trauma care shall | 2171 |
be developed in consultation with a physician who specializes in | 2172 |
trauma surgery. Except as specified by the state board of | 2173 |
emergency medical, fire, and transportation services pursuant to | 2174 |
rules adopted under section 4765.11 of the Revised Code, each | 2175 |
course offered through a training program or continuing education | 2176 |
program shall be taught by a person who holds the appropriate | 2177 |
certificate to teach issued under section 4765.23 of the Revised | 2178 |
Code. | 2179 |
(B) A training program for first responders shall meet the | 2180 |
standards established in rules adopted by the board under section | 2181 |
4765.11 of the Revised Code. The program shall include courses in | 2182 |
both of the following areas for at least the number of hours | 2183 |
established by the board's rules: | 2184 |
(1) Emergency victim care; | 2185 |
(2) Reading and interpreting a trauma victim's vital signs. | 2186 |
(C) A training program for emergency medical | 2187 |
technicians-basic shall meet the standards established in rules | 2188 |
adopted by the board under section 4765.11 of the Revised Code. | 2189 |
The program shall include courses in each of the following areas | 2190 |
for at least the number of hours established by the board's rules: | 2191 |
(1) Emergency victim care; | 2192 |
(2) Reading and interpreting a trauma victim's vital signs; | 2193 |
(3) Triage protocols for adult and pediatric trauma victims; | 2194 |
(4) In-hospital training; | 2195 |
(5) Clinical training; | 2196 |
(6) Training as an ambulance driver. | 2197 |
Each operator of a training program for emergency medical | 2198 |
technicians-basic shall allow any pupil in the twelfth grade in a | 2199 |
secondary school who is at least seventeen years old and who | 2200 |
otherwise meets the requirements for admission into such a | 2201 |
training program to be admitted to and complete the program and, | 2202 |
as part of the training, to ride in an ambulance with emergency | 2203 |
medical technicians-basic, emergency medical | 2204 |
technicians-intermediate, and emergency medical | 2205 |
technicians-paramedic. Each emergency medical service organization | 2206 |
shall allow pupils participating in training programs to ride in | 2207 |
an ambulance with emergency medical technicians-basic, advanced | 2208 |
emergency medical technicians-intermediate, and emergency medical | 2209 |
technicians-paramedic. | 2210 |
(D) A training program for emergency medical | 2211 |
technicians-intermediate shall meet the standards established in | 2212 |
rules adopted by the board under section 4765.11 of the Revised | 2213 |
Code. The program shall include, or require as a prerequisite, the | 2214 |
training specified in division (C) of this section and courses in | 2215 |
each of the following areas for at least the number of hours | 2216 |
established by the board's rules: | 2217 |
(1) Recognizing symptoms of life-threatening allergic | 2218 |
reactions and in calculating proper dosage levels and | 2219 |
administering injections of epinephrine to persons who suffer | 2220 |
life-threatening allergic reactions, conducted in accordance with | 2221 |
rules adopted by the board under section 4765.11 of the Revised | 2222 |
Code; | 2223 |
(2) Venous access procedures; | 2224 |
(3) Cardiac monitoring and electrical interventions to | 2225 |
support or correct the cardiac function. | 2226 |
(E) A training program for emergency medical | 2227 |
technicians-paramedic shall meet the standards established in | 2228 |
rules adopted by the board under section 4765.11 of the Revised | 2229 |
Code. The program shall include, or require as a prerequisite, the | 2230 |
training specified in divisions (C) and (D) of this section and | 2231 |
courses in each of the following areas for at least the number of | 2232 |
hours established by the board's rules: | 2233 |
(1) Medical terminology; | 2234 |
(2) Venous access procedures; | 2235 |
(3) Airway procedures; | 2236 |
(4) Patient assessment and triage; | 2237 |
(5) Acute cardiac care, including administration of | 2238 |
parenteral injections, electrical interventions, and other | 2239 |
emergency medical services; | 2240 |
(6) Emergency and trauma victim care beyond that required | 2241 |
under division (C) of this section; | 2242 |
(7) Clinical training beyond that required under division (C) | 2243 |
of this section. | 2244 |
(F) A continuing education program for first responders, | 2245 |
EMTs-basic, EMTs-I, or paramedics shall meet the standards | 2246 |
established in rules adopted by the board under section 4765.11 of | 2247 |
the Revised Code. A continuing education program shall include | 2248 |
instruction and training in subjects established by the board's | 2249 |
rules for at least the number of hours established by the board's | 2250 |
rules. | 2251 |
Sec. 4765.17. (A) The state board of emergency medical, | 2252 |
fire, and transportation services shall issue the appropriate | 2253 |
certificate of accreditation or certificate of approval to an | 2254 |
applicant who is of good reputation and meets the requirements of | 2255 |
section 4765.16 of the Revised Code. The board shall grant or deny | 2256 |
a certificate of accreditation or certificate of approval within | 2257 |
one hundred twenty days of receipt of the application. The board | 2258 |
may issue or renew a certificate of accreditation or certificate | 2259 |
of approval on a provisional basis to an applicant who is of good | 2260 |
reputation and is in substantial compliance with the requirements | 2261 |
of section 4765.16 of the Revised Code. The board shall inform an | 2262 |
applicant receiving such a certificate of the conditions that must | 2263 |
be met to complete compliance with section 4765.16 of the Revised | 2264 |
Code. | 2265 |
(B) Except as provided in division (C) of this section, a | 2266 |
certificate of accreditation or certificate of approval is valid | 2267 |
for up to five years and may be renewed by the board pursuant to | 2268 |
procedures and standards established in rules adopted under | 2269 |
section 4765.11 of the Revised Code. An application for renewal | 2270 |
shall be accompanied by the appropriate renewal fee established in | 2271 |
rules adopted under section 4765.11 of the Revised Code. | 2272 |
(C) A certificate of accreditation or certificate of approval | 2273 |
issued on a provisional basis is valid for the length of time | 2274 |
established by the board. If the board finds that the holder of | 2275 |
such a certificate has met the conditions it specifies under | 2276 |
division (A) of this section, the board shall issue the | 2277 |
appropriate certificate of accreditation or certificate of | 2278 |
approval. | 2279 |
(D) A certificate of accreditation is valid only for the | 2280 |
emergency medical services training program or programs for which | 2281 |
it is issued. The holder of a certificate of accreditation may | 2282 |
apply to operate additional training programs in accordance with | 2283 |
rules adopted by the board under section 4765.11 of the Revised | 2284 |
Code. Any additional training programs shall expire on the | 2285 |
expiration date of the applicant's current certificate. A | 2286 |
certificate of approval is valid only for the emergency medical | 2287 |
services continuing education program for which it is issued. | 2288 |
Neither is transferable. | 2289 |
(E) The holder of a certificate of accreditation or a | 2290 |
certificate of approval may offer courses at more than one | 2291 |
location in accordance with rules adopted under section 4765.11 of | 2292 |
the Revised Code. | 2293 |
Sec. 4765.18. The state board of emergency medical, fire, | 2294 |
and transportation services may suspend or revoke a certificate of | 2295 |
accreditation or a certificate of approval issued under section | 2296 |
4765.17 of the Revised Code for any of the following reasons: | 2297 |
(A) Violation of this chapter or any rule adopted under it; | 2298 |
(B) Furnishing of false, misleading, or incomplete | 2299 |
information to the board; | 2300 |
(C) The signing of an application or the holding of a | 2301 |
certificate of accreditation by a person who has pleaded guilty to | 2302 |
or has been convicted of a felony, or has pleaded guilty to or | 2303 |
been convicted of a crime involving moral turpitude; | 2304 |
(D) The signing of an application or the holding of a | 2305 |
certificate of accreditation by a person who is addicted to the | 2306 |
use of any controlled substance or has been adjudicated | 2307 |
incompetent for that purpose by a court, as provided in section | 2308 |
5122.301 of the Revised Code; | 2309 |
(E) Violation of any commitment made in an application for a | 2310 |
certificate of accreditation or certificate of approval; | 2311 |
(F) Presentation to prospective students of misleading, | 2312 |
false, or fraudulent information relating to the emergency medical | 2313 |
services training program or emergency medical services continuing | 2314 |
education program, employment opportunities, or opportunities for | 2315 |
enrollment in accredited institutions of higher education after | 2316 |
entering or completing courses offered by the operator of a | 2317 |
program; | 2318 |
(G) Failure to maintain in a safe and sanitary condition | 2319 |
premises and equipment used in conducting courses of study; | 2320 |
(H) Failure to maintain financial resources adequate for the | 2321 |
satisfactory conduct of courses of study or to retain a sufficient | 2322 |
number of certified instructors; | 2323 |
(I) Discrimination in the acceptance of students upon the | 2324 |
basis of race, color, religion, sex, or national origin. | 2325 |
Sec. 4765.22. A person seeking a certificate to teach in an | 2326 |
emergency medical services training program or an emergency | 2327 |
medical services continuing education program shall submit a | 2328 |
completed application for certification to the state board of | 2329 |
emergency medical, fire, and transportation services on a form the | 2330 |
board shall prescribe and furnish. The application shall be | 2331 |
accompanied by the appropriate application fee established in | 2332 |
rules adopted under section 4765.11 of the Revised Code. | 2333 |
Sec. 4765.23. The state board of emergency medical, fire, | 2334 |
and transportation services shall issue a certificate to teach in | 2335 |
an emergency medical services training program or an emergency | 2336 |
medical services continuing education program to any applicant who | 2337 |
it determines meets the qualifications established in rules | 2338 |
adopted under section 4765.11 of the Revised Code. The certificate | 2339 |
shall indicate each type of instruction and training the | 2340 |
certificate holder may teach under the certificate. | 2341 |
A certificate to teach shall have a certification cycle | 2342 |
established by the board and may be renewed by the board pursuant | 2343 |
to rules adopted under section 4765.11 of the Revised Code. An | 2344 |
application for renewal shall be accompanied by the appropriate | 2345 |
renewal fee established in rules adopted under section 4765.11 of | 2346 |
the Revised Code. | 2347 |
The board may suspend or revoke a certificate to teach | 2348 |
pursuant to rules adopted under section 4765.11 of the Revised | 2349 |
Code. | 2350 |
Sec. 4765.28. A person seeking a certificate to practice as | 2351 |
a first responder, emergency medical technician-basic, emergency | 2352 |
medical technician-intermediate, or emergency medical | 2353 |
technician-paramedic shall submit a completed application for | 2354 |
certification to the state board of emergency medical, fire, and | 2355 |
transportation services on a form the board shall prescribe and | 2356 |
furnish. Except as provided in division (B) of section 4765.29 of | 2357 |
the Revised Code, the application shall include evidence that the | 2358 |
applicant received the appropriate certificate of completion | 2359 |
pursuant to section 4765.24 of the Revised Code. The application | 2360 |
shall be accompanied by the appropriate application fee | 2361 |
established in rules adopted under section 4765.11 of the Revised | 2362 |
Code, unless the board waives the fee on determining pursuant to | 2363 |
those rules that the applicant cannot afford to pay the fee. | 2364 |
Sec. 4765.29. (A) The state board of emergency medical, | 2365 |
fire, and transportation services shall provide for the | 2366 |
examination of applicants for certification to practice as first | 2367 |
responders, emergency medical technicians-basic, emergency medical | 2368 |
technicians-intermediate, and emergency medical | 2369 |
technicians-paramedic. The examinations shall be established by | 2370 |
the board in rules adopted under section 4765.11 of the Revised | 2371 |
Code. The board may administer the examinations or contract with | 2372 |
other persons to administer the examinations. In either case, the | 2373 |
examinations shall be administered pursuant to procedures | 2374 |
established in rules adopted under section 4765.11 of the Revised | 2375 |
Code and shall be offered at various locations in the state | 2376 |
selected by the board. | 2377 |
Except as provided in division (B) of this section, an | 2378 |
applicant shall not be permitted to take an examination for the | 2379 |
same certificate to practice more than three times since last | 2380 |
receiving the certificate of completion pursuant to section | 2381 |
4765.24 of the Revised Code that qualifies the applicant to take | 2382 |
the examination unless the applicant receives another certificate | 2383 |
of completion that qualifies the applicant to take the | 2384 |
examination. | 2385 |
(B) On request of an applicant who fails three examinations | 2386 |
for the same certificate to practice, the board may direct the | 2387 |
applicant to complete a specific portion of an accredited | 2388 |
emergency medical services training program. If the applicant | 2389 |
provides satisfactory proof to the board that the applicant has | 2390 |
successfully completed that portion of the program, the applicant | 2391 |
shall be permitted to take the examination. | 2392 |
Sec. 4765.30. (A)(1) The state board of emergency medical, | 2393 |
fire, and transportation services shall issue a certificate to | 2394 |
practice as a first responder to an applicant who meets all of the | 2395 |
following conditions: | 2396 |
(a) Except as provided in division (A)(2) of this section, is | 2397 |
a volunteer for a nonprofit emergency medical service organization | 2398 |
or a nonprofit fire department; | 2399 |
(b) Holds the appropriate certificate of completion issued in | 2400 |
accordance with section 4765.24 of the Revised Code; | 2401 |
(c) Passes the appropriate examination conducted under | 2402 |
section 4765.29 of the Revised Code; | 2403 |
(d) Is not in violation of any provision of this chapter or | 2404 |
the rules adopted under it; | 2405 |
(e) Meets any other certification requirements established in | 2406 |
rules adopted under section 4765.11 of the Revised Code. | 2407 |
(2) The board may waive the requirement to be a volunteer for | 2408 |
a nonprofit entity if the applicant meets other requirements | 2409 |
established in rules adopted under division (B)(3) of section | 2410 |
4765.11 of the Revised Code relative to a person's eligibility to | 2411 |
practice as a first responder. | 2412 |
(B) The state board of emergency medical, fire, and | 2413 |
transportation services shall issue a certificate to practice as | 2414 |
an emergency medical technician-basic to an applicant who meets | 2415 |
all of the following conditions: | 2416 |
(1) Holds a certificate of completion in emergency medical | 2417 |
services training-basic issued in accordance with section 4765.24 | 2418 |
of the Revised Code; | 2419 |
(2) Passes the examination for emergency medical | 2420 |
technicians-basic conducted under section 4765.29 of the Revised | 2421 |
Code; | 2422 |
(3) Is not in violation of any provision of this chapter or | 2423 |
the rules adopted under it; | 2424 |
(4) Meets any other certification requirements established in | 2425 |
rules adopted under section 4765.11 of the Revised Code. | 2426 |
(C) The state board of emergency medical, fire, and | 2427 |
transportation services shall issue a certificate to practice as | 2428 |
an emergency medical technician-intermediate or emergency medical | 2429 |
technician-paramedic to an applicant who meets all of the | 2430 |
following conditions: | 2431 |
(1) Holds a certificate to practice as an emergency medical | 2432 |
technician-basic; | 2433 |
(2) Holds the appropriate certificate of completion issued in | 2434 |
accordance with section 4765.24 of the Revised Code; | 2435 |
(3) Passes the appropriate examination conducted under | 2436 |
section 4765.29 of the Revised Code; | 2437 |
(4) Is not in violation of any provision of this chapter or | 2438 |
the rules adopted under it; | 2439 |
(5) Meets any other certification requirements established in | 2440 |
rules adopted under section 4765.11 of the Revised Code. | 2441 |
(D) A certificate to practice shall have a certification | 2442 |
cycle established by the board and may be renewed by the board | 2443 |
pursuant to rules adopted under section 4765.11 of the Revised | 2444 |
Code. Not later than sixty days prior to the expiration date of an | 2445 |
individual's certificate to practice, the board shall notify the | 2446 |
individual of the scheduled expiration. | 2447 |
An application for renewal shall be accompanied by the | 2448 |
appropriate renewal fee established in rules adopted under section | 2449 |
4765.11 of the Revised Code, unless the board waives the fee on | 2450 |
determining pursuant to those rules that the applicant cannot | 2451 |
afford to pay the fee. Except as provided in division (B) of | 2452 |
section 4765.31 of the Revised Code, the application shall include | 2453 |
evidence of either of the following: | 2454 |
(1) That the applicant received a certificate of completion | 2455 |
from the appropriate emergency medical services continuing | 2456 |
education program pursuant to section 4765.24 of the Revised Code; | 2457 |
(2) That the applicant has successfully passed an examination | 2458 |
that demonstrates the competence to have a certificate renewed | 2459 |
without completing an emergency medical services continuing | 2460 |
education program. The board shall approve such examinations in | 2461 |
accordance with rules adopted under section 4765.11 of the Revised | 2462 |
Code. | 2463 |
(E) The board shall not require an applicant for renewal of a | 2464 |
certificate to practice to take an examination as a condition of | 2465 |
renewing the certificate. This division does not preclude the use | 2466 |
of examinations by operators of approved emergency medical | 2467 |
services continuing education programs as a condition for issuance | 2468 |
of a certificate of completion in emergency medical services | 2469 |
continuing education. | 2470 |
Sec. 4765.31. (A) Except as provided in division (B) of this | 2471 |
section, a first responder, emergency medical technician-basic, | 2472 |
emergency medical technician-intermediate, and emergency medical | 2473 |
technician-paramedic shall complete an emergency medical services | 2474 |
continuing education program or pass an examination approved by | 2475 |
the state board of emergency medical, fire, and transportation | 2476 |
services under division (A) of section 4765.10 of the Revised Code | 2477 |
prior to the expiration of the individual's certificate to | 2478 |
practice. Completion of the continuing education requirements for | 2479 |
EMTs-I or paramedics satisfies the continuing education | 2480 |
requirements for renewing the certificate to practice as an | 2481 |
EMT-basic held by an EMT-I or paramedic. | 2482 |
(B)(1) An applicant for renewal of a certificate to practice | 2483 |
may apply to the board, in writing, for an extension to complete | 2484 |
the continuing education requirements established under division | 2485 |
(A) of this section. The board may grant such an extension and | 2486 |
determine the length of the extension. The board may authorize the | 2487 |
applicant to continue to practice during the extension as if the | 2488 |
certificate to practice had not expired. | 2489 |
(2) An applicant for renewal of a certificate to practice may | 2490 |
apply to the board, in writing, for an exemption from the | 2491 |
continuing education requirements established under division (A) | 2492 |
of this section. The board may exempt an individual or a group of | 2493 |
individuals from all or any part of the continuing education | 2494 |
requirements due to active military service, unusual circumstance, | 2495 |
emergency, special hardship, or any other cause considered | 2496 |
reasonable by the board. | 2497 |
(C) Decisions of whether to grant an extension or exemption | 2498 |
under division (B) of this section shall be made by the board | 2499 |
pursuant to procedures established in rules adopted under section | 2500 |
4765.11 of the Revised Code. | 2501 |
Sec. 4765.32. A current, valid certificate of accreditation | 2502 |
issued under the provisions of former section 3303.11 or 3303.23 | 2503 |
of the Revised Code shall remain valid until one year after the | 2504 |
expiration date of the certificate as determined by the provisions | 2505 |
of those sections and shall confer the same privileges and impose | 2506 |
the same responsibilities and requirements as a certificate of | 2507 |
accreditation issued by the state board of emergency medical, | 2508 |
fire, and transportation services under section 4765.17 of the | 2509 |
Revised Code. | 2510 |
A certificate to practice as an emergency medical | 2511 |
technician-ambulance that is valid on November 24, 1995, shall be | 2512 |
considered a certificate to practice as an emergency medical | 2513 |
technician-basic. A certificate to practice as an advanced | 2514 |
emergency medical technician-ambulance that is valid on November | 2515 |
24, 1995, shall be considered a certificate to practice as an | 2516 |
emergency medical technician-intermediate. | 2517 |
Sec. 4765.33. The state board of emergency medical, fire, | 2518 |
and transportation services may suspend or revoke certificates to | 2519 |
practice issued under section 4765.30 of the Revised Code, and may | 2520 |
take other disciplinary action against first responders, emergency | 2521 |
medical technicians-basic, emergency medical | 2522 |
technicians-intermediate, and emergency medical | 2523 |
technicians-paramedic pursuant to rules adopted under section | 2524 |
4765.11 of the Revised Code. | 2525 |
Sec. 4765.37. (A) An emergency medical technician-basic | 2526 |
shall perform the emergency medical services described in this | 2527 |
section in accordance with this chapter and any rules adopted | 2528 |
under it by the state board of emergency medical, fire, and | 2529 |
transportation services. | 2530 |
(B) An emergency medical technician-basic may operate, or be | 2531 |
responsible for operation of, an ambulance and may provide | 2532 |
emergency medical services to patients. In an emergency, an | 2533 |
EMT-basic may determine the nature and extent of illness or injury | 2534 |
and establish priority for required emergency medical services. An | 2535 |
EMT-basic may render emergency medical services such as opening | 2536 |
and maintaining an airway, giving positive pressure ventilation, | 2537 |
cardiac resuscitation, electrical interventions with automated | 2538 |
defibrillators to support or correct the cardiac function and | 2539 |
other methods determined by the board, controlling of hemorrhage, | 2540 |
treatment of shock, immobilization of fractures, bandaging, | 2541 |
assisting in childbirth, management of mentally disturbed | 2542 |
patients, initial care of poison and burn patients, and | 2543 |
determining triage of adult and pediatric trauma victims. Where | 2544 |
patients must in an emergency be extricated from entrapment, an | 2545 |
EMT-basic may assess the extent of injury and render all possible | 2546 |
emergency medical services and protection to the entrapped | 2547 |
patient; provide light rescue services if an ambulance has not | 2548 |
been accompanied by a specialized unit; and after extrication, | 2549 |
provide additional care in sorting of the injured in accordance | 2550 |
with standard emergency procedures. | 2551 |
(C) An EMT-basic may perform any other emergency medical | 2552 |
services approved pursuant to rules adopted under section 4765.11 | 2553 |
of the Revised Code. The board shall determine whether the nature | 2554 |
of any such service requires that an EMT-basic receive | 2555 |
authorization prior to performing the service. | 2556 |
(D)(1) Except as provided in division (D)(2) of this section, | 2557 |
if the board determines under division (C) of this section that a | 2558 |
service requires prior authorization, the service shall be | 2559 |
performed only pursuant to the written or verbal authorization of | 2560 |
a physician or of the cooperating physician advisory board, or | 2561 |
pursuant to an authorization transmitted through a direct | 2562 |
communication device by a physician or registered nurse designated | 2563 |
by a physician. | 2564 |
(2) If communications fail during an emergency situation or | 2565 |
the required response time prohibits communication, an EMT-basic | 2566 |
may perform services subject to this division, if, in the judgment | 2567 |
of the EMT-basic, the life of the patient is in immediate danger. | 2568 |
Services performed under these circumstances shall be performed in | 2569 |
accordance with the protocols for triage of adult and pediatric | 2570 |
trauma victims established in rules adopted under sections 4765.11 | 2571 |
and 4765.40 of the Revised Code and any applicable protocols | 2572 |
adopted by the emergency medical service organization with which | 2573 |
the EMT-basic is affiliated. | 2574 |
Sec. 4765.38. (A) An emergency medical | 2575 |
technician-intermediate shall perform the emergency medical | 2576 |
services described in this section in accordance with this chapter | 2577 |
and any rules adopted under it. | 2578 |
(B) An EMT-I may do any of the following: | 2579 |
(1) Establish and maintain an intravenous lifeline that has | 2580 |
been approved by a cooperating physician or physician advisory | 2581 |
board; | 2582 |
(2) Perform cardiac monitoring; | 2583 |
(3) Perform electrical interventions to support or correct | 2584 |
the cardiac function; | 2585 |
(4) Administer epinephrine; | 2586 |
(5) Determine triage of adult and pediatric trauma victims; | 2587 |
(6) Perform any other emergency medical services approved | 2588 |
pursuant to rules adopted under section 4765.11 of the Revised | 2589 |
Code. | 2590 |
(C)(1) Except as provided in division (C)(2) of this section, | 2591 |
the services described in division (B) of this section shall be | 2592 |
performed by an EMT-I only pursuant to the written or verbal | 2593 |
authorization of a physician or of the cooperating physician | 2594 |
advisory board, or pursuant to an authorization transmitted | 2595 |
through a direct communication device by a physician or registered | 2596 |
nurse designated by a physician. | 2597 |
(2) If communications fail during an emergency situation or | 2598 |
the required response time prohibits communication, an EMT-I may | 2599 |
perform any of the services described in division (B) of this | 2600 |
section, if, in the judgment of the EMT-I, the life of the patient | 2601 |
is in immediate danger. Services performed under these | 2602 |
circumstances shall be performed in accordance with the protocols | 2603 |
for triage of adult and pediatric trauma victims established in | 2604 |
rules adopted under sections 4765.11 and 4765.40 of the Revised | 2605 |
Code and any applicable protocols adopted by the emergency medical | 2606 |
service organization with which the EMT-I is affiliated. | 2607 |
(D) In addition to, and in the course of, providing emergency | 2608 |
medical treatment, an emergency medical technician-intermediate | 2609 |
may withdraw blood as provided under sections 1547.11, 4506.17, | 2610 |
and 4511.19 of the Revised Code. An emergency medical | 2611 |
technician-intermediate shall withdraw blood in accordance with | 2612 |
this chapter and any rules adopted under it by the state board of | 2613 |
emergency medical, fire, and transportation services. | 2614 |
Sec. 4765.39. (A) An emergency medical technician-paramedic | 2615 |
shall perform the emergency medical services described in this | 2616 |
section in accordance with this chapter and any rules adopted | 2617 |
under it. | 2618 |
(B) A paramedic may do any of the following: | 2619 |
(1) Perform cardiac monitoring; | 2620 |
(2) Perform electrical interventions to support or correct | 2621 |
the cardiac function; | 2622 |
(3) Perform airway procedures; | 2623 |
(4) Perform relief of pneumothorax; | 2624 |
(5) Administer appropriate drugs and intravenous fluids; | 2625 |
(6) Determine triage of adult and pediatric trauma victims; | 2626 |
(7) Perform any other emergency medical services, including | 2627 |
life support or intensive care techniques, approved pursuant to | 2628 |
rules adopted under section 4765.11 of the Revised Code. | 2629 |
(C)(1) Except as provided in division (C)(2) of this section, | 2630 |
the services described in division (B) of this section shall be | 2631 |
performed by a paramedic only pursuant to the written or verbal | 2632 |
authorization of a physician or of the cooperating physician | 2633 |
advisory board, or pursuant to an authorization transmitted | 2634 |
through a direct communication device by a physician or registered | 2635 |
nurse designated by a physician. | 2636 |
(2) If communications fail during an emergency situation or | 2637 |
the required response time prohibits communication, a paramedic | 2638 |
may perform any of the services described in division (B) of this | 2639 |
section, if, in the paramedic's judgment, the life of the patient | 2640 |
is in immediate danger. Services performed under these | 2641 |
circumstances shall be performed in accordance with the protocols | 2642 |
for triage of adult and pediatric trauma victims established in | 2643 |
rules adopted under sections 4765.11 and 4765.40 of the Revised | 2644 |
Code and any applicable protocols adopted by the emergency medical | 2645 |
service organization with which the paramedic is affiliated. | 2646 |
(D) In addition to, and in the course of, providing emergency | 2647 |
medical treatment, an emergency medical technician-paramedic may | 2648 |
withdraw blood as provided under sections 1547.11, 4506.17, and | 2649 |
4511.19 of the Revised Code. An emergency medical | 2650 |
technician-paramedic shall withdraw blood in accordance with this | 2651 |
chapter and any rules adopted under it by the state board of | 2652 |
emergency medical, fire, and transportation services. | 2653 |
Sec. 4765.40. (A)(1) Not later than two years after | 2654 |
2655 | |
of emergency medical, fire, and transportation services shall | 2656 |
adopt rules under section 4765.11 of the Revised Code establishing | 2657 |
written protocols for the triage of adult and pediatric trauma | 2658 |
victims. The rules shall define adult and pediatric trauma in a | 2659 |
manner that is consistent with section 4765.01 of the Revised | 2660 |
Code, minimizes overtriage and undertriage, and emphasizes the | 2661 |
special needs of pediatric and geriatric trauma patients. | 2662 |
(2) The state triage protocols adopted under division (A) of | 2663 |
this section shall require a trauma victim to be transported | 2664 |
directly to an adult or pediatric trauma center that is qualified | 2665 |
to provide appropriate adult or pediatric trauma care, unless one | 2666 |
or more of the following exceptions applies: | 2667 |
(a) It is medically necessary to transport the victim to | 2668 |
another hospital for initial assessment and stabilization before | 2669 |
transfer to an adult or pediatric trauma center; | 2670 |
(b) It is unsafe or medically inappropriate to transport the | 2671 |
victim directly to an adult or pediatric trauma center due to | 2672 |
adverse weather or ground conditions or excessive transport time; | 2673 |
(c) Transporting the victim to an adult or pediatric trauma | 2674 |
center would cause a shortage of local emergency medical service | 2675 |
resources; | 2676 |
(d) No appropriate adult or pediatric trauma center is able | 2677 |
to receive and provide adult or pediatric trauma care to the | 2678 |
trauma victim without undue delay; | 2679 |
(e) Before transport of a patient begins, the patient | 2680 |
requests to be taken to a particular hospital that is not a trauma | 2681 |
center or, if the patient is less than eighteen years of age or is | 2682 |
not able to communicate, such a request is made by an adult member | 2683 |
of the patient's family or a legal representative of the patient. | 2684 |
(3)(a) The state triage protocols adopted under division (A) | 2685 |
of this section shall require trauma patients to be transported to | 2686 |
an adult or pediatric trauma center that is able to provide | 2687 |
appropriate adult or pediatric trauma care, but shall not require | 2688 |
a trauma patient to be transported to a particular trauma center. | 2689 |
The state triage protocols shall establish one or more procedures | 2690 |
for evaluating whether an injury victim requires or would benefit | 2691 |
from adult or pediatric trauma care, which procedures shall be | 2692 |
applied by emergency medical service personnel based on the | 2693 |
patient's medical needs. In developing state trauma triage | 2694 |
protocols, the board shall consider relevant model triage rules | 2695 |
and shall consult with the commission on minority health, regional | 2696 |
directors, regional physician advisory boards, and appropriate | 2697 |
medical, hospital, and emergency medical service organizations. | 2698 |
(b) Before the joint committee on agency rule review | 2699 |
considers state triage protocols for trauma victims proposed by | 2700 |
the state board of emergency medical, fire, and transportation | 2701 |
services, or amendments thereto, the board shall send a copy of | 2702 |
the proposal to the Ohio chapter of the American college of | 2703 |
emergency physicians, the Ohio chapter of the American college of | 2704 |
surgeons, the Ohio chapter of the American academy of pediatrics, | 2705 |
OHA: the association for hospitals and health systems, the Ohio | 2706 |
osteopathic association, and the association of Ohio children's | 2707 |
hospitals and shall hold a public hearing at which it must | 2708 |
consider the appropriateness of the protocols to minimize | 2709 |
overtriage and undertriage of trauma victims. | 2710 |
(c) The board shall provide copies of the state triage | 2711 |
protocols, and amendments to the protocols, to each emergency | 2712 |
medical service organization, regional director, regional | 2713 |
physician advisory board, certified emergency medical service | 2714 |
instructor, and person who regularly provides medical direction to | 2715 |
emergency medical service personnel in the state; to each medical | 2716 |
service organization in other jurisdictions that regularly provide | 2717 |
emergency medical services in this state; and to others upon | 2718 |
request. | 2719 |
(B)(1) The state board of emergency medical, fire, and | 2720 |
transportation services shall approve regional protocols for the | 2721 |
triage of adult and pediatric trauma victims, and amendments to | 2722 |
such protocols, that are submitted to the board as provided in | 2723 |
division (B)(2) of this section and provide a level of adult and | 2724 |
pediatric trauma care comparable to the state triage protocols | 2725 |
adopted under division (A) of this section. The board shall not | 2726 |
otherwise approve regional triage protocols for trauma victims. | 2727 |
The board shall not approve regional triage protocols for regions | 2728 |
that overlap and shall resolve any such disputes by apportioning | 2729 |
the overlapping territory among appropriate regions in a manner | 2730 |
that best serves the medical needs of the residents of that | 2731 |
territory. The trauma committee of the board shall have reasonable | 2732 |
opportunity to review and comment on regional triage protocols and | 2733 |
amendments to such protocols before the board approves or | 2734 |
disapproves them. | 2735 |
(2) Regional protocols for the triage of adult and pediatric | 2736 |
trauma victims, and amendments to such protocols, shall be | 2737 |
submitted in writing to the state board of emergency medical, | 2738 |
fire, and transportation services by the regional physician | 2739 |
advisory board or regional director, as appropriate, that serves a | 2740 |
majority of the population in the region in which the protocols | 2741 |
apply. Prior to submitting regional triage protocols, or an | 2742 |
amendment to such protocols, to the state board of emergency | 2743 |
medical, fire, and transportation services, a regional physician | 2744 |
advisory board or regional director shall consult with each of the | 2745 |
following that regularly serves the region in which the protocols | 2746 |
apply: | 2747 |
(a) Other regional physician advisory boards and regional | 2748 |
directors; | 2749 |
(b) Hospitals that operate an emergency facility; | 2750 |
(c) Adult and pediatric trauma centers; | 2751 |
(d) Professional societies of physicians who specialize in | 2752 |
adult or pediatric emergency medicine or adult or pediatric trauma | 2753 |
surgery; | 2754 |
(e) Professional societies of nurses who specialize in adult | 2755 |
or pediatric emergency nursing or adult or pediatric trauma | 2756 |
surgery; | 2757 |
(f) Professional associations or labor organizations of | 2758 |
emergency medical service personnel; | 2759 |
(g) Emergency medical service organizations and medical | 2760 |
directors of such organizations; | 2761 |
(h) Certified emergency medical service instructors. | 2762 |
(3) Regional protocols for the triage of adult and pediatric | 2763 |
trauma victims approved under division (B)(2) of this section | 2764 |
shall require patients to be transported to a trauma center that | 2765 |
is able to provide an appropriate level of adult or pediatric | 2766 |
trauma care; shall not discriminate among trauma centers for | 2767 |
reasons not related to a patient's medical needs; shall seek to | 2768 |
minimize undertriage and overtriage; may include any of the | 2769 |
exceptions in division (A)(2) of this section; and supersede the | 2770 |
state triage protocols adopted under division (A) of this section | 2771 |
in the region in which the regional protocols apply. | 2772 |
(4) Upon approval of regional protocols for the triage of | 2773 |
adult and pediatric trauma victims under division (B)(2) of this | 2774 |
section, or an amendment to such protocols, the state board of | 2775 |
emergency medical, fire, and transportation services shall provide | 2776 |
written notice of the approval and a copy of the protocols or | 2777 |
amendment to each entity in the region in which the protocols | 2778 |
apply to which the board is required to send a copy of the state | 2779 |
triage protocols adopted under division (A) of this section. | 2780 |
(C)(1) The state board of emergency medical, fire, and | 2781 |
transportation services shall review the state triage protocols | 2782 |
adopted under division (A) of this section at least every three | 2783 |
years to determine if they are causing overtriage or undertriage | 2784 |
of trauma patients, and shall modify them as necessary to minimize | 2785 |
overtriage and undertriage. | 2786 |
(2) Each regional physician advisory board or regional | 2787 |
director that has had regional triage protocols approved under | 2788 |
division (B)(2) of this section shall review the protocols at | 2789 |
least every three years to determine if they are causing | 2790 |
overtriage or undertriage of trauma patients and shall submit an | 2791 |
appropriate amendment to the state board, as provided in division | 2792 |
(B) of this section, as necessary to minimize overtriage and | 2793 |
undertriage. The state board shall approve the amendment if it | 2794 |
will reduce overtriage or undertriage while complying with | 2795 |
division (B) of this section, and shall not otherwise approve the | 2796 |
amendment. | 2797 |
(D) No provider of emergency medical services or person who | 2798 |
provides medical direction to emergency medical service personnel | 2799 |
in this state shall fail to comply with the state triage protocols | 2800 |
adopted under division (A) of this section or applicable regional | 2801 |
triage protocols approved under division (B)(2) of this section. | 2802 |
(E) The state board of emergency medical, fire, and | 2803 |
transportation services shall adopt rules under section 4765.11 of | 2804 |
the Revised Code that provide for enforcement of the state triage | 2805 |
protocols adopted under division (A) of this section and regional | 2806 |
triage protocols approved under division (B)(2) of this section, | 2807 |
and for education regarding those protocols for emergency medical | 2808 |
service organizations and personnel, regional directors and | 2809 |
regional physician advisory boards, emergency medical service | 2810 |
instructors, and persons who regularly provide medical direction | 2811 |
to emergency medical service personnel in this state. | 2812 |
Sec. 4765.42. Each emergency medical service organization | 2813 |
shall give notice of the name of its medical director or the names | 2814 |
of the members of its cooperating physician advisory board to the | 2815 |
state board of emergency medical, fire, and transportation | 2816 |
services. The notice shall be made in writing. | 2817 |
Sec. 4765.48. The attorney general, the prosecuting attorney | 2818 |
of the county, or the city director of law shall, upon complaint | 2819 |
of the state board of emergency medical, fire, and transportation | 2820 |
services, prosecute to termination or bring an action for | 2821 |
injunction against any person violating this chapter or the rules | 2822 |
adopted under it. The common pleas court in which an action for | 2823 |
injunction is filed has the jurisdiction to grant injunctive | 2824 |
relief upon a showing that the respondent named in the complaint | 2825 |
is in violation of this chapter or the rules adopted under it. | 2826 |
Sec. 4765.49. (A) A first responder, emergency medical | 2827 |
technician-basic, emergency medical technician-intermediate, or | 2828 |
emergency medical technician-paramedic is not liable in damages in | 2829 |
a civil action for injury, death, or loss to person or property | 2830 |
resulting from the individual's administration of emergency | 2831 |
medical services, unless the services are administered in a manner | 2832 |
that constitutes willful or wanton misconduct. A physician or | 2833 |
registered nurse designated by a physician, who is advising or | 2834 |
assisting in the emergency medical services by means of any | 2835 |
communication device or telemetering system, is not liable in | 2836 |
damages in a civil action for injury, death, or loss to person or | 2837 |
property resulting from the individual's advisory communication or | 2838 |
assistance, unless the advisory communication or assistance is | 2839 |
provided in a manner that constitutes willful or wanton | 2840 |
misconduct. Medical directors and members of cooperating physician | 2841 |
advisory boards of emergency medical service organizations are not | 2842 |
liable in damages in a civil action for injury, death, or loss to | 2843 |
person or property resulting from their acts or omissions in the | 2844 |
performance of their duties, unless the act or omission | 2845 |
constitutes willful or wanton misconduct. | 2846 |
(B) A political subdivision, joint ambulance district, joint | 2847 |
emergency medical services district, or other public agency, and | 2848 |
any officer or employee of a public agency or of a private | 2849 |
organization operating under contract or in joint agreement with | 2850 |
one or more political subdivisions, that provides emergency | 2851 |
medical services, or that enters into a joint agreement or a | 2852 |
contract with the state, any political subdivision, joint | 2853 |
ambulance district, or joint emergency medical services district | 2854 |
for the provision of emergency medical services, is not liable in | 2855 |
damages in a civil action for injury, death, or loss to person or | 2856 |
property arising out of any actions taken by a first responder, | 2857 |
EMT-basic, EMT-I, or paramedic working under the officer's or | 2858 |
employee's jurisdiction, or for injury, death, or loss to person | 2859 |
or property arising out of any actions of licensed medical | 2860 |
personnel advising or assisting the first responder, EMT-basic, | 2861 |
EMT-I, or paramedic, unless the services are provided in a manner | 2862 |
that constitutes willful or wanton misconduct. | 2863 |
(C) A student who is enrolled in an emergency medical | 2864 |
services training program accredited under section 4765.17 of the | 2865 |
Revised Code or an emergency medical services continuing education | 2866 |
program approved under that section is not liable in damages in a | 2867 |
civil action for injury, death, or loss to person or property | 2868 |
resulting from either of the following: | 2869 |
(1) The student's administration of emergency medical | 2870 |
services or patient care or treatment, if the services, care, or | 2871 |
treatment is administered while the student is under the direct | 2872 |
supervision and in the immediate presence of an EMT-basic, EMT-I, | 2873 |
paramedic, registered nurse, or physician and while the student is | 2874 |
receiving clinical training that is required by the program, | 2875 |
unless the services, care, or treatment is provided in a manner | 2876 |
that constitutes willful or wanton misconduct; | 2877 |
(2) The student's training as an ambulance driver, unless the | 2878 |
driving is done in a manner that constitutes willful or wanton | 2879 |
misconduct. | 2880 |
(D) An EMT-basic, EMT-I, paramedic, or other operator, who | 2881 |
holds a valid commercial driver's license issued pursuant to | 2882 |
Chapter 4506. of the Revised Code or driver's license issued | 2883 |
pursuant to Chapter 4507. of the Revised Code and who is employed | 2884 |
by an emergency medical service organization that is not owned or | 2885 |
operated by a political subdivision as defined in section 2744.01 | 2886 |
of the Revised Code, is not liable in damages in a civil action | 2887 |
for injury, death, or loss to person or property that is caused by | 2888 |
the operation of an ambulance by the EMT-basic, EMT-I, paramedic, | 2889 |
or other operator while responding to or completing a call for | 2890 |
emergency medical services, unless the operation constitutes | 2891 |
willful or wanton misconduct or does not comply with the | 2892 |
precautions of section 4511.03 of the Revised Code. An emergency | 2893 |
medical service organization is not liable in damages in a civil | 2894 |
action for any injury, death, or loss to person or property that | 2895 |
is caused by the operation of an ambulance by its employee or | 2896 |
agent, if this division grants the employee or agent immunity from | 2897 |
civil liability for the injury, death, or loss. | 2898 |
(E) An employee or agent of an emergency medical service | 2899 |
organization who receives requests for emergency medical services | 2900 |
that are directed to the organization, dispatches first | 2901 |
responders, EMTs-basic, EMTs-I, or paramedics in response to those | 2902 |
requests, communicates those requests to those employees or agents | 2903 |
of the organization who are authorized to dispatch first | 2904 |
responders, EMTs-basic, EMTs-I, or paramedics, or performs any | 2905 |
combination of these functions for the organization, is not liable | 2906 |
in damages in a civil action for injury, death, or loss to person | 2907 |
or property resulting from the individual's acts or omissions in | 2908 |
the performance of those duties for the organization, unless an | 2909 |
act or omission constitutes willful or wanton misconduct. | 2910 |
(F) A person who is performing the functions of a first | 2911 |
responder, EMT-basic, EMT-I, or paramedic under the authority of | 2912 |
the laws of a state that borders this state and who provides | 2913 |
emergency medical services to or transportation of a patient in | 2914 |
this state is not liable in damages in a civil action for injury, | 2915 |
death, or loss to person or property resulting from the person's | 2916 |
administration of emergency medical services, unless the services | 2917 |
are administered in a manner that constitutes willful or wanton | 2918 |
misconduct. A physician or registered nurse designated by a | 2919 |
physician, who is licensed to practice in the adjoining state and | 2920 |
who is advising or assisting in the emergency medical services by | 2921 |
means of any communication device or telemetering system is not | 2922 |
liable in damages in a civil action for injury, death, or loss to | 2923 |
person or property resulting from the person's advisory | 2924 |
communication or assistance, unless the advisory communication or | 2925 |
assistance is provided in a manner that constitutes willful or | 2926 |
wanton misconduct. | 2927 |
(G) A person certified under section 4765.23 of the Revised | 2928 |
Code to teach in an emergency medical services training program or | 2929 |
emergency medical services continuing education program, and a | 2930 |
person who teaches at the Ohio fire academy established under | 2931 |
section 3737.33 of the Revised Code or in a fire service training | 2932 |
program described in division (A) of section 4765.55 of the | 2933 |
Revised Code, is not liable in damages in a civil action for | 2934 |
injury, death, or loss to person or property resulting from the | 2935 |
person's acts or omissions in the performance of the person's | 2936 |
duties, unless an act or omission constitutes willful or wanton | 2937 |
misconduct. | 2938 |
(H) In the accreditation of emergency medical services | 2939 |
training programs or approval of emergency medical services | 2940 |
continuing education programs, the state board of emergency | 2941 |
medical, fire, and transportation services and any person or | 2942 |
entity authorized by the board to evaluate applications for | 2943 |
accreditation or approval are not liable in damages in a civil | 2944 |
action for injury, death, or loss to person or property resulting | 2945 |
from their acts or omissions in the performance of their duties, | 2946 |
unless an act or omission constitutes willful or wanton | 2947 |
misconduct. | 2948 |
(I) A person authorized by an emergency medical service | 2949 |
organization to review the performance of first responders, | 2950 |
EMTs-basic, EMTs-I, and paramedics or to administer quality | 2951 |
assurance programs is not liable in damages in a civil action for | 2952 |
injury, death, or loss to person or property resulting from the | 2953 |
person's acts or omissions in the performance of the person's | 2954 |
duties, unless an act or omission constitutes willful or wanton | 2955 |
misconduct. | 2956 |
Sec. 4765.55. (A) The executive director of the state board | 2957 |
of emergency medical, fire, and transportation services, with the | 2958 |
advice and counsel of the firefighter and fire safety inspector | 2959 |
training committee of the state board of emergency medical, fire, | 2960 |
and transportation services, shall assist in the establishment and | 2961 |
maintenance by any state agency, or any county, township, city, | 2962 |
village, school district, or educational service center of a fire | 2963 |
service training program for the training of all persons in | 2964 |
positions of any fire training certification level approved by the | 2965 |
executive director, including full-time paid firefighters, | 2966 |
part-time paid firefighters, volunteer firefighters, and | 2967 |
safety inspectors in this state. The executive director, with the | 2968 |
advice and counsel of the committee, shall adopt rules to regulate | 2969 |
those firefighter and fire safety inspector training programs, and | 2970 |
other training programs approved by the executive director. The | 2971 |
rules may include, but need not be limited to, training | 2972 |
curriculum, certification examinations, training schedules, | 2973 |
minimum hours of instruction, attendance requirements, required | 2974 |
equipment and facilities, basic physical requirements, and methods | 2975 |
of training for all persons in positions of any fire training | 2976 |
certification level approved by the executive director, including | 2977 |
full-time paid firefighters, part-time paid firefighters, | 2978 |
volunteer firefighters, and fire safety inspectors. The rules | 2979 |
adopted to regulate training programs for volunteer firefighters | 2980 |
shall not require more than thirty-six hours of training. | 2981 |
The executive director, with the advice and counsel of the | 2982 |
committee, shall provide for the classification and chartering of | 2983 |
fire service training programs in accordance with rules adopted | 2984 |
under division (B) of this section, and may take action against | 2985 |
any chartered training program or applicant, in accordance with | 2986 |
rules adopted under divisions (B)(4) and (5) of this section, for | 2987 |
failure to meet standards set by the adopted rules. | 2988 |
(B) The executive director, with the advice and counsel of | 2989 |
the firefighter and fire safety inspector training committee of | 2990 |
the state board of emergency medical, fire, and transportation | 2991 |
services, shall adopt, and may amend or rescind, rules under | 2992 |
Chapter 119. of the Revised Code that establish all of the | 2993 |
following: | 2994 |
(1) Requirements for, and procedures for chartering, the | 2995 |
training programs regulated by this section; | 2996 |
(2) Requirements for, and requirements and procedures for | 2997 |
obtaining and renewing, an instructor certificate to teach the | 2998 |
training programs and continuing education classes regulated by | 2999 |
this section; | 3000 |
(3) Requirements for, and requirements and procedures for | 3001 |
obtaining and renewing, any of the fire training certificates | 3002 |
regulated by this section; | 3003 |
(4) Grounds and procedures for suspending, revoking, | 3004 |
restricting, or refusing to issue or renew any of the certificates | 3005 |
or charters regulated by this section, which grounds shall be | 3006 |
limited to one of the following: | 3007 |
(a) Failure to satisfy the education or training requirements | 3008 |
of this section; | 3009 |
(b) Conviction of a felony offense; | 3010 |
(c) Conviction of a misdemeanor involving moral turpitude; | 3011 |
(d) Conviction of a misdemeanor committed in the course of | 3012 |
practice; | 3013 |
(e) In the case of a chartered training program or applicant, | 3014 |
failure to meet standards set by the rules adopted under this | 3015 |
division. | 3016 |
(5) Grounds and procedures for imposing and collecting fines, | 3017 |
not to exceed one thousand dollars, in relation to actions taken | 3018 |
under division (B)(4) of this section against persons holding | 3019 |
certificates and charters regulated by this section, the fines to | 3020 |
be deposited into the trauma and emergency medical services fund | 3021 |
established under section 4513.263 of the Revised Code; | 3022 |
(6) Continuing education requirements for certificate | 3023 |
holders, including a requirement that credit shall be granted for | 3024 |
in-service training programs conducted by local entities; | 3025 |
(7) Procedures for considering the granting of an extension | 3026 |
or exemption of fire service continuing education requirements; | 3027 |
(8) Certification cycles for which the certificates and | 3028 |
charters regulated by this section are valid. | 3029 |
(C) The executive director, with the advice and counsel of | 3030 |
the firefighter and fire safety inspector training committee of | 3031 |
the state board of emergency medical, fire, and transportation | 3032 |
services, shall issue or renew an instructor certificate to teach | 3033 |
the training programs and continuing education classes regulated | 3034 |
by this section to any applicant that the executive director | 3035 |
determines meets the qualifications established in rules adopted | 3036 |
under division (B) of this section, and may take disciplinary | 3037 |
action against an instructor certificate holder or applicant in | 3038 |
accordance with rules adopted under division (B) of this section. | 3039 |
The executive director, with the advice and counsel of the | 3040 |
committee, shall charter or renew the charter of any training | 3041 |
program that the executive director determines meets the | 3042 |
qualifications established in rules adopted under division (B) of | 3043 |
this section, and may take disciplinary action against the holder | 3044 |
of a charter in accordance with rules adopted under division (B) | 3045 |
of this section. | 3046 |
(D) The executive director shall issue or renew a fire | 3047 |
training certificate for a firefighter, a fire safety inspector, | 3048 |
or another position of any fire training certification level | 3049 |
approved by the executive director, to any applicant that the | 3050 |
executive director determines meets the qualifications established | 3051 |
in rules adopted under division (B) of this section and may take | 3052 |
disciplinary actions against a certificate holder or applicant in | 3053 |
accordance with rules adopted under division (B) of this section. | 3054 |
(E) Certificates issued under this section shall be on a form | 3055 |
prescribed by the executive director, with the advice and counsel | 3056 |
of the firefighter and fire safety inspector training committee of | 3057 |
the state board of emergency medical, fire, and transportation | 3058 |
services. | 3059 |
(F)(1) The executive director, with the advice and counsel of | 3060 |
the firefighter and fire safety inspector training committee of | 3061 |
the state board of emergency medical, fire, and transportation | 3062 |
services, shall establish criteria for evaluating the standards | 3063 |
maintained by other states and the branches of the United States | 3064 |
military for firefighter, fire safety inspector, and fire | 3065 |
instructor training programs, and other training programs | 3066 |
recognized by the executive director, to determine whether the | 3067 |
standards are equivalent to those established under this section | 3068 |
and shall establish requirements and procedures for issuing a | 3069 |
certificate to each person who presents proof to the executive | 3070 |
director of having satisfactorily completed a training program | 3071 |
that meets those standards. | 3072 |
(2) The executive director, with the committee's advice and | 3073 |
counsel, shall adopt rules establishing requirements and | 3074 |
procedures for issuing a fire training certificate in lieu of | 3075 |
completing a chartered training program. | 3076 |
(G) Nothing in this section invalidates any other section of | 3077 |
the Revised Code relating to the fire training academy. Section | 3078 |
4765.11 of the Revised Code does not affect any powers and duties | 3079 |
granted to the executive director under this section. | 3080 |
Sec. 4765.56. On receipt of a notice pursuant to section | 3081 |
3123.43 of the Revised Code, the state board of emergency medical, | 3082 |
fire, and transportation services shall comply with sections | 3083 |
3123.41 to 3123.50 of the Revised Code and any applicable rules | 3084 |
adopted under section 3123.63 of the Revised Code with respect to | 3085 |
a certificate to practice issued pursuant to this chapter. | 3086 |
Sec. 4766.01. As used in this chapter: | 3087 |
(A) "Advanced life support" means treatment described in | 3088 |
section 4765.39 of the Revised Code that a paramedic is certified | 3089 |
to perform. | 3090 |
(B) "Air medical service organization" means an organization | 3091 |
that furnishes, conducts, maintains, advertises, promotes, or | 3092 |
otherwise engages in providing medical services with a rotorcraft | 3093 |
air ambulance or fixed wing air ambulance. | 3094 |
(C) "Air medical transportation" means the transporting of a | 3095 |
patient by rotorcraft air ambulance or fixed wing air ambulance | 3096 |
with appropriately licensed and certified medical personnel. | 3097 |
(D) "Ambulance" means any motor vehicle that is specifically | 3098 |
designed, constructed, or modified and equipped and is intended to | 3099 |
be used to provide basic life support, intermediate life support, | 3100 |
advanced life support, or mobile intensive care unit services and | 3101 |
transportation upon the streets or highways of this state of | 3102 |
persons who are seriously ill, injured, wounded, or otherwise | 3103 |
incapacitated or helpless. "Ambulance" does not include air | 3104 |
medical transportation or a vehicle designed and used solely for | 3105 |
the transportation of nonstretcher-bound persons, whether | 3106 |
hospitalized or handicapped or whether ambulatory or confined to a | 3107 |
wheelchair. | 3108 |
(E) "Ambulette" means a motor vehicle that is specifically | 3109 |
designed, constructed, or modified and equipped and is intended to | 3110 |
be used for transportation upon the streets or highways of this | 3111 |
state of persons who require use of a wheelchair. | 3112 |
(F) "Basic life support" means treatment described in section | 3113 |
4765.37 of the Revised Code that an
| 3114 |
perform. | 3115 |
(G) "Disaster situation" means any condition or situation | 3116 |
described by rule of the | 3117 |
fire, and transportation | 3118 |
emergency, natural disaster, or national emergency. | 3119 |
(H) "Emergency medical service organization" means an | 3120 |
organization that uses | 3121 |
paramedics, or a combination of | 3122 |
EMTs, and paramedics, to provide medical care to victims of | 3123 |
illness or injury. An emergency medical service organization | 3124 |
includes, but is not limited to, a commercial ambulance service | 3125 |
organization, a hospital, and a funeral home. | 3126 |
(I) " | 3127 |
have the same meanings as in section 4765.01 of the Revised Code. | 3128 |
(J) "Fixed wing air ambulance" means a fixed wing aircraft | 3129 |
that is specifically designed, constructed, or modified and | 3130 |
equipped and is intended to be used as a means of air medical | 3131 |
transportation. | 3132 |
(K) "Intermediate life support" means treatment described in | 3133 |
section 4765.38 of the Revised Code that an | 3134 |
certified to perform. | 3135 |
(L) "Major emergency" means any emergency event that cannot | 3136 |
be resolved through the use of locally available emergency | 3137 |
resources. | 3138 |
(M) "Mass casualty" means an emergency event that results in | 3139 |
ten or more persons being injured, incapacitated, made ill, or | 3140 |
killed. | 3141 |
(N) "Medical emergency" means an unforeseen event affecting | 3142 |
an individual in such a manner that a need for immediate care is | 3143 |
created. | 3144 |
(O) "Mobile intensive care unit" means an ambulance used only | 3145 |
for maintaining specialized or intensive care treatment and used | 3146 |
primarily for interhospital transports of patients whose | 3147 |
conditions require care beyond the scope of a paramedic as | 3148 |
provided in section 4765.39 of the Revised Code. | 3149 |
(P)(1) "Nonemergency medical service organization" means a | 3150 |
person that does both of the following: | 3151 |
(a) Provides services to the public on a regular basis for | 3152 |
the purpose of transporting individuals who require the use of a | 3153 |
wheelchair or are confined to a wheelchair to receive health care | 3154 |
services at health care facilities or health care practitioners' | 3155 |
offices in nonemergency circumstances; | 3156 |
(b) Provides the services for a fee, regardless of whether | 3157 |
the fee is paid by the person being transported, a third party | 3158 |
payer, as defined in section 3702.51 of the Revised Code, or any | 3159 |
other person or government entity. | 3160 |
(2) "Nonemergency medical service organization" does not | 3161 |
include a health care facility, as defined in section 1751.01 of | 3162 |
the Revised Code, that provides ambulette services only to | 3163 |
patients of that facility. | 3164 |
(Q) "Nontransport vehicle" means a motor vehicle operated by | 3165 |
a licensed emergency medical service organization not as an | 3166 |
ambulance, but as a vehicle for providing services in conjunction | 3167 |
with the ambulances operated by the organization or other | 3168 |
emergency medical service organizations. | 3169 |
(R) "Patient" means any individual who as a result of illness | 3170 |
or injury needs medical attention, whose physical or mental | 3171 |
condition is such that there is imminent danger of loss of life or | 3172 |
significant health impairment, who may be otherwise incapacitated | 3173 |
or helpless as a result of a physical or mental condition, or | 3174 |
whose physical condition requires the use of a wheelchair. | 3175 |
(S) "Rotorcraft air ambulance" means a helicopter or other | 3176 |
aircraft capable of vertical takeoffs, vertical landings, and | 3177 |
hovering that is specifically designed, constructed, or modified | 3178 |
and equipped and is intended to be used as a means of air medical | 3179 |
transportation. | 3180 |
Sec. 4766.03. (A) The | 3181 |
fire, and transportation | 3182 |
accordance with Chapter 119. of the Revised Code, implementing the | 3183 |
requirements of this chapter. The rules shall include provisions | 3184 |
relating to the following: | 3185 |
(1) Requirements for an emergency medical service | 3186 |
organization to receive a permit for an ambulance or nontransport | 3187 |
vehicle; | 3188 |
(2) Requirements for an emergency medical service | 3189 |
organization to receive a license as a basic life-support, | 3190 |
intermediate life-support, advanced life-support, or mobile | 3191 |
intensive care unit organization; | 3192 |
(3) Requirements for a nonemergency medical service | 3193 |
organization to receive a permit for an ambulette vehicle; | 3194 |
(4) Requirements for a nonemergency medical service | 3195 |
organization to receive a license for an ambulette service; | 3196 |
(5) Requirements for an air medical service organization to | 3197 |
receive a permit for a rotorcraft air ambulance or fixed wing air | 3198 |
ambulance; | 3199 |
(6) Requirements for licensure of air medical service | 3200 |
organizations; | 3201 |
(7) Forms for applications and renewals of licenses and | 3202 |
permits; | 3203 |
(8) Requirements for record keeping of service responses made | 3204 |
by licensed emergency medical service organizations; | 3205 |
(9) Fee amounts for licenses and permits, and their renewals; | 3206 |
(10) Inspection requirements for licensees' vehicles or | 3207 |
aircraft, records, and physical facilities; | 3208 |
(11) Fee amounts for inspections of ambulances, ambulettes, | 3209 |
rotorcraft air ambulances, fixed wing air ambulances, and | 3210 |
nontransport vehicles; | 3211 |
(12) Requirements for ambulances and nontransport vehicles | 3212 |
used by licensed emergency medical service organizations, for | 3213 |
ambulette vehicles used by licensed nonemergency medical service | 3214 |
organizations, and for rotorcraft air ambulances or fixed wing air | 3215 |
ambulances used by licensed air medical service organizations that | 3216 |
specify for each type of vehicle or aircraft the types of | 3217 |
equipment that must be carried, the communication systems that | 3218 |
must be maintained, and the personnel who must staff the vehicle | 3219 |
or aircraft; | 3220 |
(13) The level of care each type of emergency medical service | 3221 |
organization, nonemergency medical service organization, and air | 3222 |
medical service organization is authorized to provide; | 3223 |
(14) Eligibility requirements for employment as an ambulette | 3224 |
driver, including grounds for disqualification due to the results | 3225 |
of a motor vehicle law violation check, chemical test, or criminal | 3226 |
records check. The rule may require that an applicant for | 3227 |
employment as an ambulette driver provide a set of fingerprints to | 3228 |
law enforcement authorities if the applicant comes under final | 3229 |
consideration for employment. | 3230 |
(15) Any other rules that the board determines necessary for | 3231 |
the implementation and enforcement of this chapter. | 3232 |
(B) In the rules for ambulances and nontransport vehicles | 3233 |
adopted under division (A)(12) of this section, the board may | 3234 |
establish requirements that vary according to whether the | 3235 |
emergency medical service organization using the vehicles is | 3236 |
licensed as a basic life-support, intermediate life-support, | 3237 |
advanced life-support, or mobile intensive care unit organization. | 3238 |
(C) A mobile intensive care unit that is not dually certified | 3239 |
to provide advanced life-support and meets the requirements of the | 3240 |
rules adopted under this section is not required to carry | 3241 |
immobilization equipment, including board splint kits, traction | 3242 |
splints, backboards, backboard straps, cervical immobilization | 3243 |
devices, cervical collars, stair chairs, folding cots, or other | 3244 |
types of immobilization equipment determined by the board to be | 3245 |
unnecessary for mobile intensive care units. | 3246 |
A mobile intensive care unit is exempt from the emergency | 3247 |
medical technician staffing requirements of section 4765.43 of the | 3248 |
Revised Code when it is staffed by at least one physician or | 3249 |
registered nurse and another person, designated by a physician, | 3250 |
who holds a valid license or certificate to practice in a health | 3251 |
care profession, and when at least one of the persons staffing the | 3252 |
mobile intensive care unit is a registered nurse whose training | 3253 |
meets or exceeds the training required for a paramedic. | 3254 |
Sec. 4766.04. (A) Except as otherwise provided in this | 3255 |
chapter, no person shall furnish, operate, conduct, maintain, | 3256 |
advertise, engage in, or propose or profess to engage in the | 3257 |
business or service in this state of transporting persons who are | 3258 |
seriously ill, injured, or otherwise incapacitated or who require | 3259 |
the use of a wheelchair or are confined to a wheelchair unless the | 3260 |
person is licensed pursuant to this section. | 3261 |
(B) To qualify for a license as a basic life-support, | 3262 |
intermediate life-support, advanced life-support, or mobile | 3263 |
intensive care unit organization, an emergency medical service | 3264 |
organization shall do all of the following: | 3265 |
(1) Apply for a permit for each ambulance and nontransport | 3266 |
vehicle owned or leased as provided in section 4766.07 of the | 3267 |
Revised Code; | 3268 |
(2) Meet all requirements established in rules adopted by the | 3269 |
3270 | |
3271 | |
including requirements pertaining to equipment, communications | 3272 |
systems, staffing, and level of care the particular organization | 3273 |
is permitted to render; | 3274 |
(3) Maintain the appropriate type and amount of insurance as | 3275 |
specified in section 4766.06 of the Revised Code; | 3276 |
(4) Meet all other requirements established under rules | 3277 |
adopted by the board for the particular license. | 3278 |
(C) To qualify for a license to provide ambulette service, a | 3279 |
nonemergency medical service organization shall do all of the | 3280 |
following: | 3281 |
(1) Apply for a permit for each ambulette owned or leased as | 3282 |
provided in section 4766.07 of the Revised Code; | 3283 |
(2) Meet all requirements established in rules adopted by the | 3284 |
3285 | |
3286 | |
pertaining to equipment, communication systems, staffing, and | 3287 |
level of care the organization is permitted to render; | 3288 |
(3) Maintain the appropriate type and amount of insurance as | 3289 |
specified in section 4766.06 of the Revised Code; | 3290 |
(4) Meet all other requirements established under rules | 3291 |
adopted by the board for the license. | 3292 |
(D) To qualify for a license to provide air medical | 3293 |
transportation, an air medical service organization shall do all | 3294 |
of the following: | 3295 |
(1) Apply for a permit for each rotorcraft air ambulance and | 3296 |
fixed wing air ambulance owned or leased as provided in section | 3297 |
4766.07 of the Revised Code; | 3298 |
(2) Meet all requirements established in rules adopted by the | 3299 |
3300 | |
3301 | |
air ambulances, including requirements pertaining to equipment, | 3302 |
communication systems, staffing, and level of care the | 3303 |
organization is permitted to render; | 3304 |
(3) Maintain the appropriate type and amount of insurance as | 3305 |
specified in section 4766.06 of the Revised Code; | 3306 |
(4) Meet all other requirements established under rules | 3307 |
adopted by the board for the license. | 3308 |
(E) An emergency medical service organization that applies | 3309 |
for a license as a basic life-support, intermediate life-support, | 3310 |
advanced life-support, or mobile intensive care unit organization; | 3311 |
a nonemergency medical service organization that applies for a | 3312 |
license to provide ambulette service; or an air medical service | 3313 |
organization that applies for a license to provide air medical | 3314 |
transportation shall submit a completed application to the board, | 3315 |
on a form provided by the board for each particular license, | 3316 |
together with the appropriate fees established under section | 3317 |
4766.05 of the Revised Code. The application form shall include | 3318 |
all of the following: | 3319 |
(1) The name and business address of the operator of the | 3320 |
organization for which licensure is sought; | 3321 |
(2) The name under which the applicant will operate the | 3322 |
organization; | 3323 |
(3) A list of the names and addresses of all officers and | 3324 |
directors of the organization; | 3325 |
(4) For emergency medical service organizations and | 3326 |
nonemergency medical service organizations, a description of each | 3327 |
vehicle to be used, including the make, model, year of | 3328 |
manufacture, mileage, vehicle identification number, and the color | 3329 |
scheme, insignia, name, monogram, or other distinguishing | 3330 |
characteristics to be used to designate the applicant's vehicle; | 3331 |
(5) For air medical service organizations using fixed wing | 3332 |
air ambulances, a description of each aircraft to be used, | 3333 |
including the make, model, year of manufacture, and aircraft hours | 3334 |
on airframe; | 3335 |
(6) For air medical service organizations using rotorcraft | 3336 |
air ambulances, a description of each aircraft to be used, | 3337 |
including the make, model, year of manufacture, aircraft hours on | 3338 |
airframe, aircraft identification number, and the color scheme, | 3339 |
insignia, name, monogram, or other distinguishing characteristics | 3340 |
to be used to designate the applicant's rotorcraft air ambulance; | 3341 |
(7) The location and description of each place from which the | 3342 |
organization will operate; | 3343 |
(8) A description of the geographic area to be served by the | 3344 |
applicant; | 3345 |
(9) Any other information the board, by rule, determines | 3346 |
necessary. | 3347 |
(F) Within sixty days after receiving a completed application | 3348 |
for licensure as a basic life-support, intermediate life-support, | 3349 |
advanced life-support, or mobile intensive care unit organization; | 3350 |
an ambulette service; or an air medical service organization, the | 3351 |
board shall approve or deny the application. The board shall deny | 3352 |
an application if it determines that the applicant does not meet | 3353 |
the requirements of this chapter or any rules adopted under it. | 3354 |
The board shall send notice of the denial of an application by | 3355 |
certified mail to the applicant. The applicant may request a | 3356 |
hearing within ten days after receipt of the notice. If the board | 3357 |
receives a timely request, it shall hold a hearing in accordance | 3358 |
with Chapter 119. of the Revised Code. | 3359 |
(G) If an applicant or licensee operates or plans to operate | 3360 |
an organization in more than one location under the same or | 3361 |
different identities, the applicant or licensee shall apply for | 3362 |
and meet all requirements for licensure or renewal of a license, | 3363 |
other than payment of a license fee or renewal fee, for operating | 3364 |
the organization at each separate location. An applicant or | 3365 |
licensee that operates or plans to operate under the same | 3366 |
organization identity in separate locations shall pay only a | 3367 |
single license fee. | 3368 |
(H) An emergency medical service organization that wishes to | 3369 |
provide ambulette services to the public must apply for a separate | 3370 |
license under division (C) of this section. | 3371 |
(I) Each license issued under this section and each permit | 3372 |
issued under section 4766.07 of the Revised Code expires one year | 3373 |
after the date of issuance and may be renewed in accordance with | 3374 |
the standard renewal procedures of Chapter 4745. of the Revised | 3375 |
Code. An application for renewal shall include the license or | 3376 |
permit renewal fee established under section 4766.05 of the | 3377 |
Revised Code. An applicant for renewal of a permit also shall | 3378 |
submit to the board proof of an annual inspection of the vehicle | 3379 |
or aircraft for which permit renewal is sought. The board shall | 3380 |
renew a license if the applicant meets the requirements for | 3381 |
licensure and shall renew a permit if the applicant and vehicle or | 3382 |
aircraft meet the requirements to maintain a permit for that | 3383 |
vehicle or aircraft. | 3384 |
(J) Each licensee shall maintain accurate records of all | 3385 |
service responses conducted. The records shall be maintained on | 3386 |
forms prescribed by the board and shall contain information as | 3387 |
specified by rule by the board. | 3388 |
Sec. 4766.05. (A) The | 3389 |
fire, and transportation | 3390 |
license fee, a permit fee for each ambulance, ambulette, | 3391 |
rotorcraft air ambulance, fixed wing air ambulance, and | 3392 |
nontransport vehicle owned or leased by the licensee that is or | 3393 |
will be used as provided in section 4766.07 of the Revised Code, | 3394 |
and fees for renewals of licenses and permits, taking into | 3395 |
consideration the actual costs incurred by the board in carrying | 3396 |
out its duties under this chapter. However, the fee for each | 3397 |
license and each renewal of a license shall not exceed one hundred | 3398 |
dollars, and the fee for each permit and each renewal of a permit | 3399 |
shall not exceed one hundred dollars for each ambulance, | 3400 |
rotorcraft air ambulance, fixed wing air ambulance, and | 3401 |
nontransport vehicle. The | 3402 |
3403 | |
3404 | |
rule the fee, which shall not exceed fifty dollars, for each | 3405 |
permit and each renewal of a permit for each ambulette. For | 3406 |
purposes of establishing fees, "actual costs" includes the costs | 3407 |
of salaries, expenses, inspection equipment, supervision, and | 3408 |
program administration. | 3409 |
(B) The board shall deposit all fees and other moneys | 3410 |
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of | 3411 |
the Revised Code in the state treasury to the credit of the | 3412 |
3413 | |
services fund, which is created by section | 3414 |
Revised Code. | 3415 |
3416 | |
3417 |
(C) The board, subject to the approval of the controlling | 3418 |
board, may establish fees in excess of the maximum amounts allowed | 3419 |
under division (A) of this section, but such fees shall not exceed | 3420 |
those maximum amounts by more than fifty per cent. | 3421 |
Sec. 4766.07. (A) Except as otherwise provided by rule of | 3422 |
the | 3423 |
transportation | 3424 |
organization, nonemergency medical service organization, and air | 3425 |
medical service organization subject to licensure under this | 3426 |
chapter shall possess a valid permit for each ambulance, | 3427 |
ambulette, rotorcraft air ambulance, fixed wing air ambulance, and | 3428 |
nontransport vehicle it owns or leases that is or will be used by | 3429 |
the licensee to perform the services permitted by the license. | 3430 |
Each licensee and license applicant shall submit the appropriate | 3431 |
fee and an application for a permit for each ambulance, ambulette, | 3432 |
rotorcraft air ambulance, fixed wing air ambulance, and | 3433 |
nontransport vehicle to the
| 3434 |
medical, fire, and transportation | 3435 |
by the board. The application shall include documentation that the | 3436 |
vehicle or aircraft meets the appropriate standards set by the | 3437 |
board, that the vehicle or aircraft has been inspected pursuant to | 3438 |
division (C) of this section, that the permit applicant maintains | 3439 |
insurance as provided in section 4766.06 of the Revised Code, and | 3440 |
that the vehicle or aircraft and permit applicant meet any other | 3441 |
requirements established under rules adopted by the board. | 3442 |
The | 3443 |
transportation
| 3444 |
Chapter 119. of the Revised Code to authorize the temporary use of | 3445 |
a vehicle or aircraft for which a permit is not possessed under | 3446 |
this section in back-up or disaster situations. | 3447 |
(B)(1) Within sixty days after receiving a completed | 3448 |
application for a permit, the board shall issue or deny the | 3449 |
permit. The board shall deny an application if it determines that | 3450 |
the permit applicant, vehicle, or aircraft does not meet the | 3451 |
requirements of this chapter and the rules adopted under it that | 3452 |
apply to permits for ambulances, ambulettes, rotorcraft air | 3453 |
ambulances, fixed wing air ambulances, and nontransport vehicles. | 3454 |
The board shall send notice of the denial of an application by | 3455 |
certified mail to the permit applicant. The permit applicant may | 3456 |
request a hearing within ten days after receipt of the notice. If | 3457 |
the board receives a timely request, it shall hold a hearing in | 3458 |
accordance with Chapter 119. of the Revised Code. | 3459 |
(2) If the board issues the vehicle permit for an ambulance, | 3460 |
ambulette, or nontransport vehicle, it also shall issue a decal, | 3461 |
in a form prescribed by rule, to be displayed on the rear window | 3462 |
of the vehicle. The board shall not issue a decal until all of the | 3463 |
requirements for licensure and permit issuance have been met. | 3464 |
(3) If the board issues the aircraft permit for a rotorcraft | 3465 |
air ambulance or fixed wing air ambulance, it also shall issue a | 3466 |
decal, in a form prescribed by rule, to be displayed on the left | 3467 |
fuselage aircraft window in a manner that complies with all | 3468 |
applicable federal aviation regulations. The board shall not issue | 3469 |
a decal until all of the requirements for licensure and permit | 3470 |
issuance have been met. | 3471 |
(C) In addition to any other requirements that the board | 3472 |
establishes by rule, a licensee or license applicant applying for | 3473 |
an initial vehicle or aircraft permit under division (A) of this | 3474 |
section shall submit to the board the vehicle or aircraft for | 3475 |
which the permit is sought. Thereafter, a licensee shall annually | 3476 |
submit to the board each vehicle or aircraft for which a permit | 3477 |
has been issued. | 3478 |
(1) The board shall conduct a physical inspection of an | 3479 |
ambulance, ambulette, or nontransport vehicle to determine its | 3480 |
roadworthiness and compliance with standard motor vehicle | 3481 |
requirements. | 3482 |
(2) The board shall conduct a physical inspection of the | 3483 |
medical equipment, communication system, and interior of an | 3484 |
ambulance to determine the operational condition and safety of the | 3485 |
equipment and the ambulance's interior and to determine whether | 3486 |
the ambulance is in compliance with the federal requirements for | 3487 |
ambulance construction that were in effect at the time the | 3488 |
ambulance was manufactured, as specified by the general services | 3489 |
administration in the various versions of its publication titled | 3490 |
"federal specification for the star-of-life ambulance, | 3491 |
KKK-A-1822." | 3492 |
(3) The board shall conduct a physical inspection of the | 3493 |
equipment, communication system, and interior of an ambulette to | 3494 |
determine the operational condition and safety of the equipment | 3495 |
and the ambulette's interior and to determine whether the | 3496 |
ambulette is in compliance with state requirements for ambulette | 3497 |
construction. The board shall determine by rule requirements for | 3498 |
the equipment, communication system, interior, and construction of | 3499 |
an ambulette. | 3500 |
(4) The board shall conduct a physical inspection of the | 3501 |
medical equipment, communication system, and interior of a | 3502 |
rotorcraft air ambulance or fixed wing air ambulance to determine | 3503 |
the operational condition and safety of the equipment and the | 3504 |
aircraft's interior. | 3505 |
(5) The board shall issue a certificate to the applicant for | 3506 |
each vehicle or aircraft that passes the inspection and may assess | 3507 |
a fee for each inspection, as established by the board. | 3508 |
(6) The board shall adopt rules regarding the implementation | 3509 |
and coordination of inspections. The rules may permit the board to | 3510 |
contract with a third party to conduct the inspections required of | 3511 |
the board under this section. | 3512 |
Sec. 4766.08. (A) The | 3513 |
fire, and transportation | 3514 |
adjudication conducted in accordance with Chapter 119. of the | 3515 |
Revised Code, may suspend or revoke any license or permit or | 3516 |
renewal thereof issued under this chapter for any one or | 3517 |
combination of the following causes: | 3518 |
(1) Violation of this chapter or any rule adopted thereunder; | 3519 |
(2) Refusal to permit the board to inspect a vehicle or | 3520 |
aircraft used under the terms of a permit or to inspect the | 3521 |
records or physical facilities of a licensee; | 3522 |
(3) Failure to meet the ambulance, ambulette, rotorcraft air | 3523 |
ambulance, fixed wing air ambulance, and nontransport vehicle | 3524 |
requirements specified in this chapter or the rules adopted | 3525 |
thereunder; | 3526 |
(4) Violation of an order issued by the board; | 3527 |
(5) Failure to comply with any of the terms of an agreement | 3528 |
entered into with the board regarding the suspension or revocation | 3529 |
of a license or permit or the imposition of a penalty under this | 3530 |
section. | 3531 |
(B) If the board determines that the records, record-keeping | 3532 |
procedures, or physical facilities of a licensee, or an ambulance, | 3533 |
ambulette, rotorcraft air ambulance, fixed wing air ambulance, or | 3534 |
nontransport vehicle for which a valid permit has been issued, do | 3535 |
not meet the standards specified in this chapter and the rules | 3536 |
adopted thereunder, the board shall notify the licensee of any | 3537 |
deficiencies within thirty days of finding the deficiencies. If | 3538 |
the board determines that the deficiencies exist and they remain | 3539 |
uncorrected after thirty days, the board may suspend the license, | 3540 |
vehicle permit, or aircraft permit. The licensee, notwithstanding | 3541 |
the suspension under this division, may operate until all appeals | 3542 |
have been exhausted. | 3543 |
(C) At the discretion of the board, a licensee whose license | 3544 |
has been suspended or revoked under this section may be ineligible | 3545 |
to be licensed under this chapter for a period of not more than | 3546 |
three years from the date of the violation, provided that the | 3547 |
board shall make no determination on a period of ineligibility | 3548 |
until all the licensee's appeals relating to the suspension or | 3549 |
revocation have been exhausted. | 3550 |
(D) The board may, in addition to any other action taken | 3551 |
under this section and after a hearing conducted pursuant to | 3552 |
Chapter 119. of the Revised Code, impose a penalty of not more | 3553 |
than fifteen hundred dollars for any violation specified in this | 3554 |
section. The attorney general shall institute a civil action for | 3555 |
the collection of any such penalty imposed. | 3556 |
Sec. 4766.09. This chapter does not apply to any of the | 3557 |
following: | 3558 |
(A) A person rendering services with an ambulance in the | 3559 |
event of a disaster situation when licensees' vehicles based in | 3560 |
the locality of the disaster situation are incapacitated or | 3561 |
insufficient in number to render the services needed; | 3562 |
(B) Any person operating an ambulance, ambulette, rotorcraft | 3563 |
air ambulance, or fixed wing air ambulance outside this state | 3564 |
unless receiving a person within this state for transport to a | 3565 |
location within this state; | 3566 |
(C) A publicly owned or operated emergency medical service | 3567 |
organization and the vehicles it owns or leases and operates, | 3568 |
except as provided in section 307.051, division (G) of section | 3569 |
307.055, division (F) of section 505.37, division (B) of section | 3570 |
505.375, and division (B)(3) of section 505.72 of the Revised | 3571 |
Code; | 3572 |
(D) An ambulance, ambulette, rotorcraft air ambulance, fixed | 3573 |
wing air ambulance, or nontransport vehicle owned or leased and | 3574 |
operated by the federal government; | 3575 |
(E) A publicly owned and operated fire department vehicle; | 3576 |
(F) Emergency vehicles owned by a corporation and operating | 3577 |
only on the corporation's premises, for the sole use by that | 3578 |
corporation; | 3579 |
(G) An ambulance, nontransport vehicle, or other emergency | 3580 |
medical service organization vehicle owned and operated by a | 3581 |
municipal corporation; | 3582 |
(H) A motor vehicle titled in the name of a volunteer rescue | 3583 |
service organization, as defined in section 4503.172 of the | 3584 |
Revised Code; | 3585 |
(I) A public emergency medical service organization; | 3586 |
(J) A fire department, rescue squad, or life squad comprised | 3587 |
of volunteers who provide services without expectation of | 3588 |
remuneration and do not receive payment for services other than | 3589 |
reimbursement for expenses; | 3590 |
(K) A private, nonprofit emergency medical service | 3591 |
organization when fifty per cent or more of its personnel are | 3592 |
volunteers, as defined in section 4765.01 of the Revised Code; | 3593 |
(L) Emergency medical service personnel who are regulated by | 3594 |
the state board of emergency medical, fire, and transportation | 3595 |
services under Chapter 4765. of the Revised Code; | 3596 |
(M) Any of the following that operates a transit bus, as that | 3597 |
term is defined in division (Q) of section 5735.01 of the Revised | 3598 |
Code, unless the entity provides ambulette services that are | 3599 |
reimbursed under the state medicaid plan: | 3600 |
(1) A public nonemergency medical service organization; | 3601 |
(2) An urban or rural public transit system; | 3602 |
(3) A private nonprofit organization that receives grants | 3603 |
under section 5501.07 of the Revised Code. | 3604 |
(N)(1) An entity, to the extent it provides ambulette | 3605 |
services, if the entity meets all of the following conditions: | 3606 |
(a) The entity is certified by the department of aging or the | 3607 |
department's designee in accordance with section 173.391 of the | 3608 |
Revised Code or operates under a contract or grant agreement with | 3609 |
the department or the department's designee in accordance with | 3610 |
section 173.392 of the Revised Code. | 3611 |
(b) The entity meets the requirements of section 4766.14 of | 3612 |
the Revised Code. | 3613 |
(c) The entity does not provide ambulette services that are | 3614 |
reimbursed under the state medicaid plan. | 3615 |
(2) A vehicle, to the extent it is used to provide ambulette | 3616 |
services, if the vehicle meets both of the following conditions: | 3617 |
(a) The vehicle is owned by an entity that meets the | 3618 |
conditions specified in division (N)(1) of this section. | 3619 |
(b) The vehicle does not provide ambulette services that are | 3620 |
reimbursed under the state medicaid plan. | 3621 |
(O) A vehicle that meets both of the following criteria, | 3622 |
unless the vehicle provides services that are reimbursed under the | 3623 |
state medicaid plan: | 3624 |
(1) The vehicle was purchased with funds from a grant made by | 3625 |
the United States secretary of transportation under 49 U.S.C. | 3626 |
5310; | 3627 |
(2) The department of transportation holds a lien on the | 3628 |
vehicle. | 3629 |
Sec. 4766.10. This chapter does not invalidate any ordinance | 3630 |
or resolution adopted by a municipal corporation that establishes | 3631 |
standards for the licensure of emergency medical service | 3632 |
organizations as basic life-support, intermediate life-support, or | 3633 |
advanced life-support service organizations that have their | 3634 |
principal places of business located within the limits of the | 3635 |
municipal corporation, as long as the licensure standards meet or | 3636 |
exceed the standards established in this chapter and the rules | 3637 |
adopted thereunder. | 3638 |
Emergency medical service organizations licensed by a | 3639 |
municipal corporation are subject to the jurisdiction of the | 3640 |
state board of emergency medical, fire, and transportation | 3641 |
services, but the fees they pay to the board for licenses, | 3642 |
permits, and renewals thereof shall not exceed fifty per cent of | 3643 |
the fee amounts established by the board pursuant to section | 3644 |
4766.03 of the Revised Code. The board may choose to waive the | 3645 |
vehicle inspection requirements and inspection fees, but not the | 3646 |
permit fees, for the vehicles of organizations licensed by a | 3647 |
municipal corporation. | 3648 |
Sec. 4766.11. (A) The | 3649 |
fire, and transportation | 3650 |
violations of this chapter or the rules adopted under it and may | 3651 |
investigate any complaints received regarding alleged violations. | 3652 |
In addition to any other remedies available and regardless of | 3653 |
whether an adequate remedy at law exists, the board may apply to | 3654 |
the court of common pleas in the county where a violation of any | 3655 |
provision of this chapter or any rule adopted pursuant thereto is | 3656 |
occurring for a temporary or permanent injunction restraining a | 3657 |
person from continuing to commit that violation. On a showing that | 3658 |
a person has committed a violation, the court shall grant the | 3659 |
injunction. | 3660 |
In conducting an investigation under this section, the board | 3661 |
may issue subpoenas compelling the attendance and testimony of | 3662 |
witnesses and the production of books, records, and other | 3663 |
documents pertaining to the investigation. If a person fails to | 3664 |
obey a subpoena from the board, the board may apply to the court | 3665 |
of common pleas in the county where the investigation is being | 3666 |
conducted for an order compelling the person to comply with the | 3667 |
subpoena. On application by the board, the court shall compel | 3668 |
obedience by attachment proceedings for contempt, as in the case | 3669 |
of disobedience of the requirements of a subpoena from the court | 3670 |
or a refusal to testify therein. | 3671 |
(B) The | 3672 |
issued under this chapter without a prior hearing if it determines | 3673 |
that there is evidence that the license holder is subject to | 3674 |
action under this section and that there is clear and convincing | 3675 |
evidence that continued operation by the license holder presents a | 3676 |
danger of immediate and serious harm to the public. The | 3677 |
chairperson and executive director of the board shall make a | 3678 |
preliminary determination and describe the evidence on which they | 3679 |
made their determination to the board members. The board by | 3680 |
resolution may designate another board member to act in place of | 3681 |
the chairperson or another employee to act in place of the | 3682 |
executive director in the event that the chairperson or executive | 3683 |
director is unavailable or unable to act. Upon review of the | 3684 |
allegations, the board, by the affirmative vote of | 3685 |
majority of its members, may suspend the license without a | 3686 |
hearing. | 3687 |
| 3688 |
3689 | |
3690 | |
3691 |
Immediately following the decision by the board to suspend a | 3692 |
license under this division, the board shall issue a written order | 3693 |
of suspension and cause it to be delivered in accordance with | 3694 |
section 119.07 of the Revised Code. If the license holder subject | 3695 |
to the suspension requests an adjudication hearing by the board, | 3696 |
the date set for the adjudication shall be within fifteen days but | 3697 |
not earlier than seven days after the request unless another date | 3698 |
is agreed to by the license holder and the board. | 3699 |
Any summary suspension imposed under this division remains in | 3700 |
effect, unless reversed by the board, until a final adjudicative | 3701 |
order issued by the board pursuant to this section and Chapter | 3702 |
119. of the Revised Code becomes effective. The board shall issue | 3703 |
its final adjudicative order not less than ninety days after | 3704 |
completion of its adjudication hearing. Failure to issue the order | 3705 |
by that day shall cause the summary suspension order to end, but | 3706 |
such failure shall not affect the validity of any subsequent final | 3707 |
adjudication order. | 3708 |
Sec. 4766.12. If a county, township, joint ambulance | 3709 |
district, or joint emergency medical services district chooses to | 3710 |
have the | 3711 |
transportation
| 3712 |
service organizations and issue permits for its vehicles pursuant | 3713 |
to this chapter, except as may be otherwise provided, all | 3714 |
provisions of this chapter and all rules adopted by the board | 3715 |
thereunder are fully applicable. However, a county, township, | 3716 |
joint ambulance district, or joint emergency medical services | 3717 |
district is not required to obtain any type of permit from the | 3718 |
board for any of its nontransport vehicles. | 3719 |
Sec. 4766.13. The | 3720 |
fire, and transportation | 3721 |
license and issue vehicle permits to an emergency medical service | 3722 |
organization or a nonemergency medical service organization that | 3723 |
is regulated by another state. To qualify for a license and | 3724 |
vehicle permits by endorsement, an organization must submit | 3725 |
evidence satisfactory to the board that it has met standards in | 3726 |
another state that are equal to or more stringent than the | 3727 |
standards established by this chapter and the rules adopted under | 3728 |
it. | 3729 |
Sec. 4766.15. (A) An applicant for employment as an | 3730 |
ambulette driver with an organization licensed pursuant to this | 3731 |
chapter shall submit proof to the organization of, or give consent | 3732 |
to the employer to obtain, all of the following: | 3733 |
(1)(a) A valid driver's license issued pursuant to Chapter | 3734 |
4506. or 4507. of the Revised Code, or its equivalent, if the | 3735 |
applicant is a resident of another state; | 3736 |
(b) A recent certified abstract of the applicant's record of | 3737 |
convictions for violations of motor vehicle laws provided by the | 3738 |
registrar of motor vehicles pursuant to section 4509.05 of the | 3739 |
Revised Code, or its equivalent, if the applicant is a resident of | 3740 |
another state. | 3741 |
(2)(a) A certificate of completion of a course in first aid | 3742 |
techniques offered by the American red cross or an equivalent | 3743 |
organization; | 3744 |
(b) A certificate of completion of a course in | 3745 |
cardiopulmonary resuscitation, or its equivalent, offered by an | 3746 |
organization approved by the | 3747 |
medical, fire, and transportation | 3748 |
(3) The result of a chemical test or tests of the applicant's | 3749 |
blood, breath, or urine conducted at a hospital or other | 3750 |
institution approved by the board for the purpose of determining | 3751 |
the alcohol, drug of abuse, controlled substance, or metabolite of | 3752 |
a controlled substance content of the applicant's whole blood, | 3753 |
blood serum or plasma, breath, or urine; | 3754 |
(4) The result of a criminal records check conducted by the | 3755 |
bureau of criminal identification and investigation. | 3756 |
(B) An organization may employ an applicant on a temporary | 3757 |
provisional basis pending the completion of all of the | 3758 |
requirements of this section. The length of the provisional period | 3759 |
shall be determined by the board. | 3760 |
(C) An organization licensed pursuant to this chapter shall | 3761 |
use information received pursuant to this section to determine in | 3762 |
accordance with rules adopted by the | 3763 |
medical, fire, and transportation | 3764 |
4766.03 of the Revised Code whether an applicant is disqualified | 3765 |
for employment. | 3766 |
No applicant shall be accepted for permanent employment as an | 3767 |
ambulette driver by an organization licensed pursuant to this | 3768 |
chapter until all of the requirements of division (A) of this | 3769 |
section have been met. | 3770 |
Sec. 4766.22. (A) Not later than forty-five days after the | 3771 |
end of each fiscal year, the | 3772 |
medical, fire, and transportation | 3773 |
report to the governor and general assembly that provides all of | 3774 |
the following information for that fiscal year: | 3775 |
(1) The number of each of the following the board issued: | 3776 |
(a) Basic life-support organization licenses; | 3777 |
(b) Intermediate life-support organization licenses; | 3778 |
(c) Advanced life-support organization licenses; | 3779 |
(d) Mobile intensive care unit organization licenses; | 3780 |
(e) Ambulette service licenses; | 3781 |
(f) Air medical service organization licenses; | 3782 |
(g) Ambulance permits; | 3783 |
(h) Nontransport vehicle permits; | 3784 |
(i) Ambulette vehicle permits; | 3785 |
(j) Rotorcraft air ambulance permits; | 3786 |
(k) Fixed wing air ambulance permits. | 3787 |
(2) The amount of fees the board collected for issuing and | 3788 |
renewing each type of license and permit specified in division | 3789 |
(A)(1) of this section; | 3790 |
(3) The number of inspections the board or a third party on | 3791 |
the board's behalf conducted in connection with each type of | 3792 |
license and permit specified in division (A)(1) of this section | 3793 |
and the amount of fees the board collected for the inspections; | 3794 |
(4) The number of complaints that were submitted to the | 3795 |
board; | 3796 |
(5) The number of investigations the board conducted under | 3797 |
section 4766.11 of the Revised Code; | 3798 |
(6) The number of adjudication hearings the board held and | 3799 |
the outcomes of the adjudications; | 3800 |
(7) The amount of penalties the board imposed and collected | 3801 |
under section 4766.08 of the Revised Code; | 3802 |
(8) Other information the board determines reflects the | 3803 |
board's operations. | 3804 |
(B) The board shall post the annual report required by this | 3805 |
section on its web site and make it available to the public on | 3806 |
request. | 3807 |
Sec. 5502.01. (A) The department of public safety shall | 3808 |
administer and enforce the laws relating to the registration, | 3809 |
licensing, sale, and operation of motor vehicles and the laws | 3810 |
pertaining to the licensing of drivers of motor vehicles. | 3811 |
The department shall compile, analyze, and publish statistics | 3812 |
relative to motor vehicle accidents and the causes of them, | 3813 |
prepare and conduct educational programs for the purpose of | 3814 |
promoting safety in the operation of motor vehicles on the | 3815 |
highways, and conduct research and studies for the purpose of | 3816 |
promoting safety on the highways of this state. | 3817 |
(B) The department shall administer the laws and rules | 3818 |
relative to trauma and emergency medical services specified in | 3819 |
Chapter 4765. of the Revised Code and any laws and rules relative | 3820 |
to commercial medical transportation services as may be specified | 3821 |
in Chapter 4766. of the Revised Code. | 3822 |
(C) The department shall administer and enforce the laws | 3823 |
contained in Chapters 4301. and 4303. of the Revised Code and | 3824 |
enforce the rules and orders of the liquor control commission | 3825 |
pertaining to retail liquor permit holders. | 3826 |
(D) The department shall administer the laws governing the | 3827 |
state emergency management agency and shall enforce all additional | 3828 |
duties and responsibilities as prescribed in the Revised Code | 3829 |
related to emergency management services. | 3830 |
(E) The department shall conduct investigations pursuant to | 3831 |
Chapter 5101. of the Revised Code in support of the duty of the | 3832 |
department of job and family services to administer the | 3833 |
supplemental nutrition assistance program throughout this state. | 3834 |
The department of public safety shall conduct investigations | 3835 |
necessary to protect the state's property rights and interests in | 3836 |
the supplemental nutrition assistance program. | 3837 |
(F) The department of public safety shall enforce compliance | 3838 |
with orders and rules of the public utilities commission and | 3839 |
applicable laws in accordance with Chapters 4905., 4921., and | 3840 |
4923. of the Revised Code regarding commercial motor vehicle | 3841 |
transportation safety, economic, and hazardous materials | 3842 |
requirements. | 3843 |
(G) Notwithstanding Chapter 4117. of the Revised Code, the | 3844 |
department of public safety may establish requirements for its | 3845 |
enforcement personnel, including its enforcement agents described | 3846 |
in section 5502.14 of the Revised Code, that include standards of | 3847 |
conduct, work rules and procedures, and criteria for eligibility | 3848 |
as law enforcement personnel. | 3849 |
(H) The department shall administer, maintain, and operate | 3850 |
the Ohio criminal justice network. The Ohio criminal justice | 3851 |
network shall be a computer network that supports state and local | 3852 |
criminal justice activities. The network shall be an electronic | 3853 |
repository for various data, which may include arrest warrants, | 3854 |
notices of persons wanted by law enforcement agencies, criminal | 3855 |
records, prison inmate records, stolen vehicle records, vehicle | 3856 |
operator's licenses, and vehicle registrations and titles. | 3857 |
(I) The department shall coordinate all homeland security | 3858 |
activities of all state agencies and shall be a liaison between | 3859 |
state agencies and local entities for those activities and related | 3860 |
purposes. | 3861 |
(J) Beginning July 1, 2004, the department shall administer | 3862 |
and enforce the laws relative to private investigators and | 3863 |
security service providers specified in Chapter 4749. of the | 3864 |
Revised Code. | 3865 |
(K) The department shall administer criminal justice services | 3866 |
in accordance with sections 5502.61 to 5502.66 of the Revised | 3867 |
Code. | 3868 |
Sec. 5709.40. (A) As used in this section: | 3869 |
(1) "Blighted area" and "impacted city" have the same | 3870 |
meanings as in section 1728.01 of the Revised Code. | 3871 |
(2) "Business day" means a day of the week excluding | 3872 |
Saturday, Sunday, and a legal holiday as defined under section | 3873 |
1.14 of the Revised Code. | 3874 |
(3) "Housing renovation" means a project carried out for | 3875 |
residential purposes. | 3876 |
(4) "Improvement" means the increase in the assessed value of | 3877 |
3878 | |
of the property as it appears on the most recent tax list and | 3879 |
duplicate of real and public utility property | 3880 |
before the effective date of an ordinance adopted under this | 3881 |
section | 3882 |
(5) "Incentive district" means an area not more than three | 3883 |
hundred acres in size enclosed by a continuous boundary in which a | 3884 |
project is being, or will be, undertaken and having one or more of | 3885 |
the following distress characteristics: | 3886 |
(a) At least fifty-one per cent of the residents of the | 3887 |
district have incomes of less than eighty per cent of the median | 3888 |
income of residents of the political subdivision in which the | 3889 |
district is located, as determined in the same manner specified | 3890 |
under section 119(b) of the "Housing and Community Development Act | 3891 |
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended; | 3892 |
(b) The average rate of unemployment in the district during | 3893 |
the most recent twelve-month period for which data are available | 3894 |
is equal to at least one hundred fifty per cent of the average | 3895 |
rate of unemployment for this state for the same period. | 3896 |
(c) At least twenty per cent of the people residing in the | 3897 |
district live at or below the poverty level as defined in the | 3898 |
federal Housing and Community Development Act of 1974, 42 U.S.C. | 3899 |
5301, as amended, and regulations adopted pursuant to that act. | 3900 |
(d) The district is a blighted area. | 3901 |
(e) The district is in a situational distress area as | 3902 |
designated by the director of development under division (F) of | 3903 |
section 122.23 of the Revised Code. | 3904 |
(f) As certified by the engineer for the political | 3905 |
subdivision, the public infrastructure serving the district is | 3906 |
inadequate to meet the development needs of the district as | 3907 |
evidenced by a written economic development plan or urban renewal | 3908 |
plan for the district that has been adopted by the legislative | 3909 |
authority of the subdivision. | 3910 |
(g) The district is comprised entirely of unimproved land | 3911 |
that is located in a distressed area as defined in section 122.23 | 3912 |
of the Revised Code. | 3913 |
(6) "Project" means development activities undertaken on one | 3914 |
or more parcels, including, but not limited to, construction, | 3915 |
expansion, and alteration of buildings or structures, demolition, | 3916 |
remediation, and site development, and any building or structure | 3917 |
that results from those activities. | 3918 |
(7) "Public infrastructure improvement" includes, but is not | 3919 |
limited to, public roads and highways; water and sewer lines; | 3920 |
environmental remediation; land acquisition, including acquisition | 3921 |
in aid of industry, commerce, distribution, or research; | 3922 |
demolition, including demolition on private property when | 3923 |
determined to be necessary for economic development purposes; | 3924 |
stormwater and flood remediation projects, including such projects | 3925 |
on private property when determined to be necessary for public | 3926 |
health, safety, and welfare; the provision of gas, electric, and | 3927 |
communications service facilities; and the enhancement of public | 3928 |
waterways through improvements that allow for greater public | 3929 |
access. | 3930 |
(B) The legislative authority of a municipal corporation, by | 3931 |
ordinance, may declare improvements to certain parcels of real | 3932 |
property located in the municipal corporation to be a public | 3933 |
purpose. Improvements with respect to a parcel that is used or to | 3934 |
be used for residential purposes may be declared a public purpose | 3935 |
under this division only if the parcel is located in a blighted | 3936 |
area of an impacted city. For this purpose, "parcel that is used | 3937 |
or to be used for residential purposes" means a parcel that, as | 3938 |
improved, is used or to be used for purposes that would cause the | 3939 |
tax commissioner to classify the parcel as residential property in | 3940 |
accordance with rules adopted by the commissioner under section | 3941 |
5713.041 of the Revised Code. Except with the approval under | 3942 |
division (D) of this section of the board of education of each | 3943 |
city, local, or exempted village school district within which the | 3944 |
improvements are located, not more than seventy-five per cent of | 3945 |
an improvement thus declared to be a public purpose may be | 3946 |
exempted from real property taxation for a period of not more than | 3947 |
ten years. The ordinance shall specify the percentage of the | 3948 |
improvement to be exempted from taxation and the life of the | 3949 |
exemption. | 3950 |
An ordinance adopted or amended under this division shall | 3951 |
designate the specific public infrastructure improvements made, to | 3952 |
be made, or in the process of being made by the municipal | 3953 |
corporation that directly benefit, or that once made will directly | 3954 |
benefit, the parcels for which improvements are declared to be a | 3955 |
public purpose. The service payments provided for in section | 3956 |
5709.42 of the Revised Code shall be used to finance the public | 3957 |
infrastructure improvements designated in the ordinance, for the | 3958 |
purpose described in division (D)(1) of this section or as | 3959 |
provided in section 5709.43 of the Revised Code. | 3960 |
(C)(1) The legislative authority of a municipal corporation | 3961 |
may adopt an ordinance creating an incentive district and | 3962 |
declaring improvements to parcels within the district to be a | 3963 |
public purpose and, except as provided in division (F) of this | 3964 |
section, exempt from taxation as provided in this section, but no | 3965 |
legislative authority of a municipal corporation that has a | 3966 |
population that exceeds twenty-five thousand, as shown by the most | 3967 |
recent federal decennial census, shall adopt an ordinance that | 3968 |
creates an incentive district if the sum of the taxable value of | 3969 |
real property in the proposed district for the preceding tax year | 3970 |
and the taxable value of all real property in the municipal | 3971 |
corporation that would have been taxable in the preceding year | 3972 |
were it not for the fact that the property was in an existing | 3973 |
incentive district and therefore exempt from taxation exceeds | 3974 |
twenty-five per cent of the taxable value of real property in the | 3975 |
municipal corporation for the preceding tax year. The ordinance | 3976 |
shall delineate the boundary of the district and specifically | 3977 |
identify each parcel within the district. A district may not | 3978 |
include any parcel that is or has been exempted from taxation | 3979 |
under division (B) of this section or that is or has been within | 3980 |
another district created under this division. An ordinance may | 3981 |
create more than one such district, and more than one ordinance | 3982 |
may be adopted under division (C)(1) of this section. | 3983 |
(2) Not later than thirty days prior to adopting an ordinance | 3984 |
under division (C)(1) of this section, if the municipal | 3985 |
corporation intends to apply for exemptions from taxation under | 3986 |
section 5709.911 of the Revised Code on behalf of owners of real | 3987 |
property located within the proposed incentive district, the | 3988 |
legislative authority of a municipal corporation shall conduct a | 3989 |
public hearing on the proposed ordinance. Not later than thirty | 3990 |
days prior to the public hearing, the legislative authority shall | 3991 |
give notice of the public hearing and the proposed ordinance by | 3992 |
first class mail to every real property owner whose property is | 3993 |
located within the boundaries of the proposed incentive district | 3994 |
that is the subject of the proposed ordinance. | 3995 |
(3)(a) An ordinance adopted under division (C)(1) of this | 3996 |
section shall specify the life of the incentive district and the | 3997 |
percentage of the improvements to be exempted, shall designate the | 3998 |
public infrastructure improvements made, to be made, or in the | 3999 |
process of being made, that benefit or serve, or, once made, will | 4000 |
benefit or serve parcels in the district. The ordinance also shall | 4001 |
identify one or more specific projects being, or to be, undertaken | 4002 |
in the district that place additional demand on the public | 4003 |
infrastructure improvements designated in the ordinance. The | 4004 |
project identified may, but need not be, the project under | 4005 |
division (C)(3)(b) of this section that places real property in | 4006 |
use for commercial or industrial purposes. Except as otherwise | 4007 |
permitted under that division, the service payments provided for | 4008 |
in section 5709.42 of the Revised Code shall be used to finance | 4009 |
the designated public infrastructure improvements, for the purpose | 4010 |
described in division (D)(1) or (E) of this section, or as | 4011 |
provided in section 5709.43 of the Revised Code. | 4012 |
An ordinance adopted under division (C)(1) of this section on | 4013 |
or after March 30, 2006, shall not designate police or fire | 4014 |
equipment as public infrastructure improvements, and no service | 4015 |
payment provided for in section 5709.42 of the Revised Code and | 4016 |
received by the municipal corporation under the ordinance shall be | 4017 |
used for police or fire equipment. | 4018 |
(b) An ordinance adopted under division (C)(1) of this | 4019 |
section may authorize the use of service payments provided for in | 4020 |
section 5709.42 of the Revised Code for the purpose of housing | 4021 |
renovations within the incentive district, provided that the | 4022 |
ordinance also designates public infrastructure improvements that | 4023 |
benefit or serve the district, and that a project within the | 4024 |
district places real property in use for commercial or industrial | 4025 |
purposes. Service payments may be used to finance or support | 4026 |
loans, deferred loans, and grants to persons for the purpose of | 4027 |
housing renovations within the district. The ordinance shall | 4028 |
designate the parcels within the district that are eligible for | 4029 |
housing renovation. The ordinance shall state separately the | 4030 |
amounts or the percentages of the expected aggregate service | 4031 |
payments that are designated for each public infrastructure | 4032 |
improvement and for the general purpose of housing renovations. | 4033 |
(4) Except with the approval of the board of education of | 4034 |
each city, local, or exempted village school district within the | 4035 |
territory of which the incentive district is or will be located, | 4036 |
and subject to division (E) of this section, the life of an | 4037 |
incentive district shall not exceed ten years, and the percentage | 4038 |
of improvements to be exempted shall not exceed seventy-five per | 4039 |
cent. With approval of the board of education, the life of a | 4040 |
district may be not more than thirty years, and the percentage of | 4041 |
improvements to be exempted may be not more than one hundred per | 4042 |
cent. The approval of a board of education shall be obtained in | 4043 |
the manner provided in division (D) of this section. | 4044 |
(D)(1) If the ordinance declaring improvements to a parcel to | 4045 |
be a public purpose or creating an incentive district specifies | 4046 |
that payments in lieu of taxes provided for in section 5709.42 of | 4047 |
the Revised Code shall be paid to the city, local, or exempted | 4048 |
village, and joint vocational school district in which the parcel | 4049 |
or incentive district is located in the amount of the taxes that | 4050 |
would have been payable to the school district if the improvements | 4051 |
had not been exempted from taxation, the percentage of the | 4052 |
improvement that may be exempted from taxation may exceed | 4053 |
seventy-five per cent, and the exemption may be granted for up to | 4054 |
thirty years, without the approval of the board of education as | 4055 |
otherwise required under division (D)(2) of this section. | 4056 |
(2) Improvements with respect to a parcel may be exempted | 4057 |
from taxation under division (B) of this section, and improvements | 4058 |
to parcels within an incentive district may be exempted from | 4059 |
taxation under division (C) of this section, for up to ten years | 4060 |
or, with the approval under this paragraph of the board of | 4061 |
education of the city, local, or exempted village school district | 4062 |
within which the parcel or district is located, for up to thirty | 4063 |
years. The percentage of the improvement exempted from taxation | 4064 |
may, with such approval, exceed seventy-five per cent, but shall | 4065 |
not exceed one hundred per cent. Not later than forty-five | 4066 |
business days prior to adopting an ordinance under this section | 4067 |
declaring improvements to be a public purpose that is subject to | 4068 |
approval by a board of education under this division, the | 4069 |
legislative authority shall deliver to the board of education a | 4070 |
notice stating its intent to adopt an ordinance making that | 4071 |
declaration. The notice regarding improvements with respect to a | 4072 |
parcel under division (B) of this section shall identify the | 4073 |
parcels for which improvements are to be exempted from taxation, | 4074 |
provide an estimate of the true value in money of the | 4075 |
improvements, specify the period for which the improvements would | 4076 |
be exempted from taxation and the percentage of the improvement | 4077 |
that would be exempted, and indicate the date on which the | 4078 |
legislative authority intends to adopt the ordinance. The notice | 4079 |
regarding improvements to parcels within an incentive district | 4080 |
under division (C) of this section shall delineate the boundaries | 4081 |
of the district, specifically identify each parcel within the | 4082 |
district, identify each anticipated improvement in the district, | 4083 |
provide an estimate of the true value in money of each such | 4084 |
improvement, specify the life of the district and the percentage | 4085 |
of improvements that would be exempted, and indicate the date on | 4086 |
which the legislative authority intends to adopt the ordinance. | 4087 |
The board of education, by resolution adopted by a majority of the | 4088 |
board, may approve the exemption for the period or for the | 4089 |
exemption percentage specified in the notice; may disapprove the | 4090 |
exemption for the number of years in excess of ten, may disapprove | 4091 |
the exemption for the percentage of the improvement to be exempted | 4092 |
in excess of seventy-five per cent, or both; or may approve the | 4093 |
exemption on the condition that the legislative authority and the | 4094 |
board negotiate an agreement providing for compensation to the | 4095 |
school district equal in value to a percentage of the amount of | 4096 |
taxes exempted in the eleventh and subsequent years of the | 4097 |
exemption period or, in the case of exemption percentages in | 4098 |
excess of seventy-five per cent, compensation equal in value to a | 4099 |
percentage of the taxes that would be payable on the portion of | 4100 |
the improvement in excess of seventy-five per cent were that | 4101 |
portion to be subject to taxation, or other mutually agreeable | 4102 |
compensation. If an agreement is negotiated between the | 4103 |
legislative authority and the board to compensate the school | 4104 |
district for all or part of the taxes exempted, including | 4105 |
agreements for payments in lieu of taxes under section 5709.42 of | 4106 |
the Revised Code, the legislative authority shall compensate the | 4107 |
joint vocational school district within which the parcel or | 4108 |
district is located at the same rate and under the same terms | 4109 |
received by the city, local, or exempted village school district. | 4110 |
(3) The board of education shall certify its resolution to | 4111 |
the legislative authority not later than fourteen days prior to | 4112 |
the date the legislative authority intends to adopt the ordinance | 4113 |
as indicated in the notice. If the board of education and the | 4114 |
legislative authority negotiate a mutually acceptable compensation | 4115 |
agreement, the ordinance may declare the improvements a public | 4116 |
purpose for the number of years specified in the ordinance or, in | 4117 |
the case of exemption percentages in excess of seventy-five per | 4118 |
cent, for the exemption percentage specified in the ordinance. In | 4119 |
either case, if the board and the legislative authority fail to | 4120 |
negotiate a mutually acceptable compensation agreement, the | 4121 |
ordinance may declare the improvements a public purpose for not | 4122 |
more than ten years, and shall not exempt more than seventy-five | 4123 |
per cent of the improvements from taxation. If the board fails to | 4124 |
certify a resolution to the legislative authority within the time | 4125 |
prescribed by this division, the legislative authority thereupon | 4126 |
may adopt the ordinance and may declare the improvements a public | 4127 |
purpose for up to thirty years, or, in the case of exemption | 4128 |
percentages proposed in excess of seventy-five per cent, for the | 4129 |
exemption percentage specified in the ordinance. The legislative | 4130 |
authority may adopt the ordinance at any time after the board of | 4131 |
education certifies its resolution approving the exemption to the | 4132 |
legislative authority, or, if the board approves the exemption on | 4133 |
the condition that a mutually acceptable compensation agreement be | 4134 |
negotiated, at any time after the compensation agreement is agreed | 4135 |
to by the board and the legislative authority. | 4136 |
(4) If a board of education has adopted a resolution waiving | 4137 |
its right to approve exemptions from taxation under this section | 4138 |
and the resolution remains in effect, approval of exemptions by | 4139 |
the board is not required under division (D) of this section. If a | 4140 |
board of education has adopted a resolution allowing a legislative | 4141 |
authority to deliver the notice required under division (D) of | 4142 |
this section fewer than forty-five business days prior to the | 4143 |
legislative authority's adoption of the ordinance, the legislative | 4144 |
authority shall deliver the notice to the board not later than the | 4145 |
number of days prior to such adoption as prescribed by the board | 4146 |
in its resolution. If a board of education adopts a resolution | 4147 |
waiving its right to approve agreements or shortening the | 4148 |
notification period, the board shall certify a copy of the | 4149 |
resolution to the legislative authority. If the board of education | 4150 |
rescinds such a resolution, it shall certify notice of the | 4151 |
rescission to the legislative authority. | 4152 |
(5) If the legislative authority is not required by division | 4153 |
(D) of this section to notify the board of education of the | 4154 |
legislative authority's intent to declare improvements to be a | 4155 |
public purpose, the legislative authority shall comply with the | 4156 |
notice requirements imposed under section 5709.83 of the Revised | 4157 |
Code, unless the board has adopted a resolution under that section | 4158 |
waiving its right to receive such a notice. | 4159 |
(E)(1) If a proposed ordinance under division (C)(1) of this | 4160 |
section exempts improvements with respect to a parcel within an | 4161 |
incentive district for more than ten years, or the percentage of | 4162 |
the improvement exempted from taxation exceeds seventy-five per | 4163 |
cent, not later than forty-five business days prior to adopting | 4164 |
the ordinance the legislative authority of the municipal | 4165 |
corporation shall deliver to the board of county commissioners of | 4166 |
the county within which the incentive district will be located a | 4167 |
notice that states its intent to adopt an ordinance creating an | 4168 |
incentive district. The notice shall include a copy of the | 4169 |
proposed ordinance, identify the parcels for which improvements | 4170 |
are to be exempted from taxation, provide an estimate of the true | 4171 |
value in money of the improvements, specify the period of time for | 4172 |
which the improvements would be exempted from taxation, specify | 4173 |
the percentage of the improvements that would be exempted from | 4174 |
taxation, and indicate the date on which the legislative authority | 4175 |
intends to adopt the ordinance. | 4176 |
(2) The board of county commissioners, by resolution adopted | 4177 |
by a majority of the board, may object to the exemption for the | 4178 |
number of years in excess of ten, may object to the exemption for | 4179 |
the percentage of the improvement to be exempted in excess of | 4180 |
seventy-five per cent, or both. If the board of county | 4181 |
commissioners objects, the board may negotiate a mutually | 4182 |
acceptable compensation agreement with the legislative authority. | 4183 |
In no case shall the compensation provided to the board exceed the | 4184 |
property taxes forgone due to the exemption. If the board of | 4185 |
county commissioners objects, and the board and legislative | 4186 |
authority fail to negotiate a mutually acceptable compensation | 4187 |
agreement, the ordinance adopted under division (C)(1) of this | 4188 |
section shall provide to the board compensation in the eleventh | 4189 |
and subsequent years of the exemption period equal in value to not | 4190 |
more than fifty per cent of the taxes that would be payable to the | 4191 |
county or, if the board's objection includes an objection to an | 4192 |
exemption percentage in excess of seventy-five per cent, | 4193 |
compensation equal in value to not more than fifty per cent of the | 4194 |
taxes that would be payable to the county, on the portion of the | 4195 |
improvement in excess of seventy-five per cent, were that portion | 4196 |
to be subject to taxation. The board of county commissioners shall | 4197 |
certify its resolution to the legislative authority not later than | 4198 |
thirty days after receipt of the notice. | 4199 |
(3) If the board of county commissioners does not object or | 4200 |
fails to certify its resolution objecting to an exemption within | 4201 |
thirty days after receipt of the notice, the legislative authority | 4202 |
may adopt the ordinance, and no compensation shall be provided to | 4203 |
the board of county commissioners. If the board timely certifies | 4204 |
its resolution objecting to the ordinance, the legislative | 4205 |
authority may adopt the ordinance at any time after a mutually | 4206 |
acceptable compensation agreement is agreed to by the board and | 4207 |
the legislative authority, or, if no compensation agreement is | 4208 |
negotiated, at any time after the legislative authority agrees in | 4209 |
the proposed ordinance to provide compensation to the board of | 4210 |
fifty per cent of the taxes that would be payable to the county in | 4211 |
the eleventh and subsequent years of the exemption period or on | 4212 |
the portion of the improvement in excess of seventy-five per cent, | 4213 |
were that portion to be subject to taxation. | 4214 |
(F) Service payments in lieu of taxes that are attributable | 4215 |
to any amount by which the effective tax rate of either a renewal | 4216 |
levy with an increase or a replacement levy exceeds the effective | 4217 |
tax rate of the levy renewed or replaced, or that are attributable | 4218 |
to an additional levy, for a levy authorized by the voters for any | 4219 |
of the following purposes on or after January 1, 2006, and which | 4220 |
are provided pursuant to an ordinance creating an incentive | 4221 |
district under division (C)(1) of this section that is adopted on | 4222 |
or after January 1, 2006, shall be distributed to the appropriate | 4223 |
taxing authority as required under division (C) of section 5709.42 | 4224 |
of the Revised Code in an amount equal to the amount of taxes from | 4225 |
that additional levy or from the increase in the effective tax | 4226 |
rate of such renewal or replacement levy that would have been | 4227 |
payable to that taxing authority from the following levies were it | 4228 |
not for the exemption authorized under division (C) of this | 4229 |
section: | 4230 |
(1) A tax levied under division (L) of section 5705.19 or | 4231 |
section 5705.191 of the Revised Code for community mental | 4232 |
retardation and developmental disabilities programs and services | 4233 |
pursuant to Chapter 5126. of the Revised Code; | 4234 |
(2) A tax levied under division (Y) of section 5705.19 of the | 4235 |
Revised Code for providing or maintaining senior citizens services | 4236 |
or facilities; | 4237 |
(3) A tax levied under section 5705.22 of the Revised Code | 4238 |
for county hospitals; | 4239 |
(4) A tax levied by a joint-county district or by a county | 4240 |
under section 5705.19, 5705.191, or 5705.221 of the Revised Code | 4241 |
for alcohol, drug addiction, and mental health services or | 4242 |
facilities; | 4243 |
(5) A tax levied under section 5705.23 of the Revised Code | 4244 |
for library purposes; | 4245 |
(6) A tax levied under section 5705.24 of the Revised Code | 4246 |
for the support of children services and the placement and care of | 4247 |
children; | 4248 |
(7) A tax levied under division (Z) of section 5705.19 of the | 4249 |
Revised Code for the provision and maintenance of zoological park | 4250 |
services and facilities under section 307.76 of the Revised Code; | 4251 |
(8) A tax levied under section 511.27 or division (H) of | 4252 |
section 5705.19 of the Revised Code for the support of township | 4253 |
park districts; | 4254 |
(9) A tax levied under division (A), (F), or (H) of section | 4255 |
5705.19 of the Revised Code for parks and recreational purposes of | 4256 |
a joint recreation district organized pursuant to division (B) of | 4257 |
section 755.14 of the Revised Code; | 4258 |
(10) A tax levied under section 1545.20 or 1545.21 of the | 4259 |
Revised Code for park district purposes; | 4260 |
(11) A tax levied under section 5705.191 of the Revised Code | 4261 |
for the purpose of making appropriations for public assistance; | 4262 |
human or social services; public relief; public welfare; public | 4263 |
health and hospitalization; and support of general hospitals; | 4264 |
(12) A tax levied under section 3709.29 of the Revised Code | 4265 |
for a general health district program. | 4266 |
(G) An exemption from taxation granted under this section | 4267 |
commences with the tax year specified in the ordinance so long as | 4268 |
the year specified in the ordinance commences after the effective | 4269 |
date of the ordinance. If the ordinance specifies a year | 4270 |
commencing before the effective date of the resolution or | 4271 |
specifies no year whatsoever, the exemption commences with the tax | 4272 |
year in which an exempted improvement first appears on the tax | 4273 |
list and duplicate of real and public utility property and that | 4274 |
commences after the effective date of the ordinance. Except as | 4275 |
otherwise provided in this division, the exemption ends on the | 4276 |
date specified in the ordinance as the date the improvement ceases | 4277 |
to be a public purpose or the incentive district expires, or ends | 4278 |
on the date on which the public infrastructure improvements and | 4279 |
housing renovations are paid in full from the municipal public | 4280 |
improvement tax increment equivalent fund established under | 4281 |
division (A) of section 5709.43 of the Revised Code, whichever | 4282 |
occurs first. The exemption of an improvement with respect to a | 4283 |
parcel or within an incentive district may end on a later date, as | 4284 |
specified in the ordinance, if the legislative authority and the | 4285 |
board of education of the city, local, or exempted village school | 4286 |
district within which the parcel or district is located have | 4287 |
entered into a compensation agreement under section 5709.82 of the | 4288 |
Revised Code with respect to the improvement, and the board of | 4289 |
education has approved the term of the exemption under division | 4290 |
(D)(2) of this section, but in no case shall the improvement be | 4291 |
exempted from taxation for more than thirty years. Exemptions | 4292 |
shall be claimed and allowed in the same manner as in the case of | 4293 |
other real property exemptions. If an exemption status changes | 4294 |
during a year, the procedure for the apportionment of the taxes | 4295 |
for that year is the same as in the case of other changes in tax | 4296 |
exemption status during the year. | 4297 |
(H) Additional municipal financing of public infrastructure | 4298 |
improvements and housing renovations may be provided by any | 4299 |
methods that the municipal corporation may otherwise use for | 4300 |
financing such improvements or renovations. If the municipal | 4301 |
corporation issues bonds or notes to finance the public | 4302 |
infrastructure improvements and housing renovations and pledges | 4303 |
money from the municipal public improvement tax increment | 4304 |
equivalent fund to pay the interest on and principal of the bonds | 4305 |
or notes, the bonds or notes are not subject to Chapter 133. of | 4306 |
the Revised Code. | 4307 |
(I) The municipal corporation, not later than fifteen days | 4308 |
after the adoption of an ordinance under this section, shall | 4309 |
submit to the director of development a copy of the ordinance. On | 4310 |
or before the thirty-first day of March of each year, the | 4311 |
municipal corporation shall submit a status report to the director | 4312 |
of development. The report shall indicate, in the manner | 4313 |
prescribed by the director, the progress of the project during | 4314 |
each year that an exemption remains in effect, including a summary | 4315 |
of the receipts from service payments in lieu of taxes; | 4316 |
expenditures of money from the funds created under section 5709.43 | 4317 |
of the Revised Code; a description of the public infrastructure | 4318 |
improvements and housing renovations financed with such | 4319 |
expenditures; and a quantitative summary of changes in employment | 4320 |
and private investment resulting from each project. | 4321 |
(J) Nothing in this section shall be construed to prohibit a | 4322 |
legislative authority from declaring to be a public purpose | 4323 |
improvements with respect to more than one parcel. | 4324 |
(K) If a parcel is located in a new community district in | 4325 |
which the new community authority imposes a community development | 4326 |
charge on the basis of rentals received from leases of real | 4327 |
property as described in division (L)(2) of section 349.01 of the | 4328 |
Revised Code, the parcel may not be exempted from taxation under | 4329 |
this section. | 4330 |
Sec. 5709.73. (A) As used in this section and section | 4331 |
5709.74 of the Revised Code: | 4332 |
(1) "Business day" means a day of the week excluding | 4333 |
Saturday, Sunday, and a legal holiday as defined in section 1.14 | 4334 |
of the Revised Code. | 4335 |
(2) "Further improvements" or "improvements" means the | 4336 |
increase in the assessed value of real property | 4337 |
4338 | |
the most recent tax list and duplicate of real and public utility | 4339 |
property | 4340 |
adopted under this section | 4341 |
4342 | |
"improvements" do not include any property used or to be used for | 4343 |
residential purposes. For this purpose, "property that is used or | 4344 |
to be used for residential purposes" means property that, as | 4345 |
improved, is used or to be used for purposes that would cause the | 4346 |
tax commissioner to classify the property as residential property | 4347 |
in accordance with rules adopted by the commissioner under section | 4348 |
5713.041 of the Revised Code. | 4349 |
(3) "Housing renovation" means a project carried out for | 4350 |
residential purposes. | 4351 |
(4) "Incentive district" has the same meaning as in section | 4352 |
5709.40 of the Revised Code, except that a blighted area is in the | 4353 |
unincorporated area of a township. | 4354 |
(5) "Project" and "public infrastructure improvement" have | 4355 |
the same meanings as in section 5709.40 of the Revised Code. | 4356 |
(B) A board of township trustees may, by unanimous vote, | 4357 |
adopt a resolution that declares to be a public purpose any public | 4358 |
infrastructure improvements made that are necessary for the | 4359 |
development of certain parcels of land located in the | 4360 |
unincorporated area of the township. Except with the approval | 4361 |
under division (D) of this section of the board of education of | 4362 |
each city, local, or exempted village school district within which | 4363 |
the improvements are located, the resolution may exempt from real | 4364 |
property taxation not more than seventy-five per cent of further | 4365 |
improvements to a parcel of land that directly benefits from the | 4366 |
public infrastructure improvements, for a period of not more than | 4367 |
ten years. The resolution shall specify the percentage of the | 4368 |
further improvements to be exempted and the life of the exemption. | 4369 |
(C)(1) A board of township trustees may adopt, by unanimous | 4370 |
vote, a resolution creating an incentive district and declaring | 4371 |
improvements to parcels within the district to be a public purpose | 4372 |
and, except as provided in division (F) of this section, exempt | 4373 |
from taxation as provided in this section, but no board of | 4374 |
township trustees of a township that has a population that exceeds | 4375 |
twenty-five thousand, as shown by the most recent federal | 4376 |
decennial census, shall adopt a resolution that creates an | 4377 |
incentive district if the sum of the taxable value of real | 4378 |
property in the proposed district for the preceding tax year and | 4379 |
the taxable value of all real property in the township that would | 4380 |
have been taxable in the preceding year were it not for the fact | 4381 |
that the property was in an existing incentive district and | 4382 |
therefore exempt from taxation exceeds twenty-five per cent of the | 4383 |
taxable value of real property in the township for the preceding | 4384 |
tax year. The district shall be located within the unincorporated | 4385 |
area of the township and shall not include any territory that is | 4386 |
included within a district created under division (B) of section | 4387 |
5709.78 of the Revised Code. The resolution shall delineate the | 4388 |
boundary of the district and specifically identify each parcel | 4389 |
within the district. A district may not include any parcel that is | 4390 |
or has been exempted from taxation under division (B) of this | 4391 |
section or that is or has been within another district created | 4392 |
under this division. A resolution may create more than one | 4393 |
district, and more than one resolution may be adopted under | 4394 |
division (C)(1) of this section. | 4395 |
(2) Not later than thirty days prior to adopting a resolution | 4396 |
under division (C)(1) of this section, if the township intends to | 4397 |
apply for exemptions from taxation under section 5709.911 of the | 4398 |
Revised Code on behalf of owners of real property located within | 4399 |
the proposed incentive district, the board shall conduct a public | 4400 |
hearing on the proposed resolution. Not later than thirty days | 4401 |
prior to the public hearing, the board shall give notice of the | 4402 |
public hearing and the proposed resolution by first class mail to | 4403 |
every real property owner whose property is located within the | 4404 |
boundaries of the proposed incentive district that is the subject | 4405 |
of the proposed resolution. | 4406 |
(3)(a) A resolution adopted under division (C)(1) of this | 4407 |
section shall specify the life of the incentive district and the | 4408 |
percentage of the improvements to be exempted, shall designate the | 4409 |
public infrastructure improvements made, to be made, or in the | 4410 |
process of being made, that benefit or serve, or, once made, will | 4411 |
benefit or serve parcels in the district. The resolution also | 4412 |
shall identify one or more specific projects being, or to be, | 4413 |
undertaken in the district that place additional demand on the | 4414 |
public infrastructure improvements designated in the resolution. | 4415 |
The project identified may, but need not be, the project under | 4416 |
division (C)(3)(b) of this section that places real property in | 4417 |
use for commercial or industrial purposes. | 4418 |
A resolution adopted under division (C)(1) of this section on | 4419 |
or after March 30, 2006, shall not designate police or fire | 4420 |
equipment as public infrastructure improvements, and no service | 4421 |
payment provided for in section 5709.74 of the Revised Code and | 4422 |
received by the township under the resolution shall be used for | 4423 |
police or fire equipment. | 4424 |
(b) A resolution adopted under division (C)(1) of this | 4425 |
section may authorize the use of service payments provided for in | 4426 |
section 5709.74 of the Revised Code for the purpose of housing | 4427 |
renovations within the incentive district, provided that the | 4428 |
resolution also designates public infrastructure improvements that | 4429 |
benefit or serve the district, and that a project within the | 4430 |
district places real property in use for commercial or industrial | 4431 |
purposes. Service payments may be used to finance or support | 4432 |
loans, deferred loans, and grants to persons for the purpose of | 4433 |
housing renovations within the district. The resolution shall | 4434 |
designate the parcels within the district that are eligible for | 4435 |
housing renovations. The resolution shall state separately the | 4436 |
amount or the percentages of the expected aggregate service | 4437 |
payments that are designated for each public infrastructure | 4438 |
improvement and for the purpose of housing renovations. | 4439 |
(4) Except with the approval of the board of education of | 4440 |
each city, local, or exempted village school district within the | 4441 |
territory of which the incentive district is or will be located, | 4442 |
and subject to division (E) of this section, the life of an | 4443 |
incentive district shall not exceed ten years, and the percentage | 4444 |
of improvements to be exempted shall not exceed seventy-five per | 4445 |
cent. With approval of the board of education, the life of a | 4446 |
district may be not more than thirty years, and the percentage of | 4447 |
improvements to be exempted may be not more than one hundred per | 4448 |
cent. The approval of a board of education shall be obtained in | 4449 |
the manner provided in division (D) of this section. | 4450 |
(D) Improvements with respect to a parcel may be exempted | 4451 |
from taxation under division (B) of this section, and improvements | 4452 |
to parcels within an incentive district may be exempted from | 4453 |
taxation under division (C) of this section, for up to ten years | 4454 |
or, with the approval of the board of education of the city, | 4455 |
local, or exempted village school district within which the parcel | 4456 |
or district is located, for up to thirty years. The percentage of | 4457 |
the improvements exempted from taxation may, with such approval, | 4458 |
exceed seventy-five per cent, but shall not exceed one hundred per | 4459 |
cent. Not later than forty-five business days prior to adopting a | 4460 |
resolution under this section declaring improvements to be a | 4461 |
public purpose that is subject to approval by a board of education | 4462 |
under this division, the board of township trustees shall deliver | 4463 |
to the board of education a notice stating its intent to adopt a | 4464 |
resolution making that declaration. The notice regarding | 4465 |
improvements with respect to a parcel under division (B) of this | 4466 |
section shall identify the parcels for which improvements are to | 4467 |
be exempted from taxation, provide an estimate of the true value | 4468 |
in money of the improvements, specify the period for which the | 4469 |
improvements would be exempted from taxation and the percentage of | 4470 |
the improvements that would be exempted, and indicate the date on | 4471 |
which the board of township trustees intends to adopt the | 4472 |
resolution. The notice regarding improvements made under division | 4473 |
(C) of this section to parcels within an incentive district shall | 4474 |
delineate the boundaries of the district, specifically identify | 4475 |
each parcel within the district, identify each anticipated | 4476 |
improvement in the district, provide an estimate of the true value | 4477 |
in money of each such improvement, specify the life of the | 4478 |
district and the percentage of improvements that would be | 4479 |
exempted, and indicate the date on which the board of township | 4480 |
trustees intends to adopt the resolution. The board of education, | 4481 |
by resolution adopted by a majority of the board, may approve the | 4482 |
exemption for the period or for the exemption percentage specified | 4483 |
in the notice; may disapprove the exemption for the number of | 4484 |
years in excess of ten, may disapprove the exemption for the | 4485 |
percentage of the improvements to be exempted in excess of | 4486 |
seventy-five per cent, or both; or may approve the exemption on | 4487 |
the condition that the board of township trustees and the board of | 4488 |
education negotiate an agreement providing for compensation to the | 4489 |
school district equal in value to a percentage of the amount of | 4490 |
taxes exempted in the eleventh and subsequent years of the | 4491 |
exemption period or, in the case of exemption percentages in | 4492 |
excess of seventy-five per cent, compensation equal in value to a | 4493 |
percentage of the taxes that would be payable on the portion of | 4494 |
the improvements in excess of seventy-five per cent were that | 4495 |
portion to be subject to taxation, or other mutually agreeable | 4496 |
compensation. | 4497 |
The board of education shall certify its resolution to the | 4498 |
board of township trustees not later than fourteen days prior to | 4499 |
the date the board of township trustees intends to adopt the | 4500 |
resolution as indicated in the notice. If the board of education | 4501 |
and the board of township trustees negotiate a mutually acceptable | 4502 |
compensation agreement, the resolution may declare the | 4503 |
improvements a public purpose for the number of years specified in | 4504 |
the resolution or, in the case of exemption percentages in excess | 4505 |
of seventy-five per cent, for the exemption percentage specified | 4506 |
in the resolution. In either case, if the board of education and | 4507 |
the board of township trustees fail to negotiate a mutually | 4508 |
acceptable compensation agreement, the resolution may declare the | 4509 |
improvements a public purpose for not more than ten years, and | 4510 |
shall not exempt more than seventy-five per cent of the | 4511 |
improvements from taxation. If the board of education fails to | 4512 |
certify a resolution to the board of township trustees within the | 4513 |
time prescribed by this section, the board of township trustees | 4514 |
thereupon may adopt the resolution and may declare the | 4515 |
improvements a public purpose for up to thirty years or, in the | 4516 |
case of exemption percentages proposed in excess of seventy-five | 4517 |
per cent, for the exemption percentage specified in the | 4518 |
resolution. The board of township trustees may adopt the | 4519 |
resolution at any time after the board of education certifies its | 4520 |
resolution approving the exemption to the board of township | 4521 |
trustees, or, if the board of education approves the exemption on | 4522 |
the condition that a mutually acceptable compensation agreement be | 4523 |
negotiated, at any time after the compensation agreement is agreed | 4524 |
to by the board of education and the board of township trustees. | 4525 |
If a mutually acceptable compensation agreement is negotiated | 4526 |
between the board of township trustees and the board of education, | 4527 |
including agreements for payments in lieu of taxes under section | 4528 |
5709.74 of the Revised Code, the board of township trustees shall | 4529 |
compensate the joint vocational school district within which the | 4530 |
parcel or district is located at the same rate and under the same | 4531 |
terms received by the city, local, or exempted village school | 4532 |
district. | 4533 |
If a board of education has adopted a resolution waiving its | 4534 |
right to approve exemptions from taxation under this section and | 4535 |
the resolution remains in effect, approval of such exemptions by | 4536 |
the board of education is not required under division (D) of this | 4537 |
section. If a board of education has adopted a resolution allowing | 4538 |
a board of township trustees to deliver the notice required under | 4539 |
division (D) of this section fewer than forty-five business days | 4540 |
prior to adoption of the resolution by the board of township | 4541 |
trustees, the board of township trustees shall deliver the notice | 4542 |
to the board of education not later than the number of days prior | 4543 |
to the adoption as prescribed by the board of education in its | 4544 |
resolution. If a board of education adopts a resolution waiving | 4545 |
its right to approve exemptions or shortening the notification | 4546 |
period, the board of education shall certify a copy of the | 4547 |
resolution to the board of township trustees. If the board of | 4548 |
education rescinds the resolution, it shall certify notice of the | 4549 |
rescission to the board of township trustees. | 4550 |
If the board of township trustees is not required by division | 4551 |
(D) of this section to notify the board of education of the board | 4552 |
of township trustees' intent to declare improvements to be a | 4553 |
public purpose, the board of township trustees shall comply with | 4554 |
the notice requirements imposed under section 5709.83 of the | 4555 |
Revised Code before taking formal action to adopt the resolution | 4556 |
making that declaration, unless the board of education has adopted | 4557 |
a resolution under that section waiving its right to receive the | 4558 |
notice. | 4559 |
(E)(1) If a proposed resolution under division (C)(1) of this | 4560 |
section exempts improvements with respect to a parcel within an | 4561 |
incentive district for more than ten years, or the percentage of | 4562 |
the improvement exempted from taxation exceeds seventy-five per | 4563 |
cent, not later than forty-five business days prior to adopting | 4564 |
the resolution the board of township trustees shall deliver to the | 4565 |
board of county commissioners of the county within which the | 4566 |
incentive district is or will be located a notice that states its | 4567 |
intent to adopt a resolution creating an incentive district. The | 4568 |
notice shall include a copy of the proposed resolution, identify | 4569 |
the parcels for which improvements are to be exempted from | 4570 |
taxation, provide an estimate of the true value in money of the | 4571 |
improvements, specify the period of time for which the | 4572 |
improvements would be exempted from taxation, specify the | 4573 |
percentage of the improvements that would be exempted from | 4574 |
taxation, and indicate the date on which the board of township | 4575 |
trustees intends to adopt the resolution. | 4576 |
(2) The board of county commissioners, by resolution adopted | 4577 |
by a majority of the board, may object to the exemption for the | 4578 |
number of years in excess of ten, may object to the exemption for | 4579 |
the percentage of the improvement to be exempted in excess of | 4580 |
seventy-five per cent, or both. If the board of county | 4581 |
commissioners objects, the board may negotiate a mutually | 4582 |
acceptable compensation agreement with the board of township | 4583 |
trustees. In no case shall the compensation provided to the board | 4584 |
of county commissioners exceed the property taxes foregone due to | 4585 |
the exemption. If the board of county commissioners objects, and | 4586 |
the board of county commissioners and board of township trustees | 4587 |
fail to negotiate a mutually acceptable compensation agreement, | 4588 |
the resolution adopted under division (C)(1) of this section shall | 4589 |
provide to the board of county commissioners compensation in the | 4590 |
eleventh and subsequent years of the exemption period equal in | 4591 |
value to not more than fifty per cent of the taxes that would be | 4592 |
payable to the county or, if the board of county commissioner's | 4593 |
objection includes an objection to an exemption percentage in | 4594 |
excess of seventy-five per cent, compensation equal in value to | 4595 |
not more than fifty per cent of the taxes that would be payable to | 4596 |
the county, on the portion of the improvement in excess of | 4597 |
seventy-five per cent, were that portion to be subject to | 4598 |
taxation. The board of county commissioners shall certify its | 4599 |
resolution to the board of township trustees not later than thirty | 4600 |
days after receipt of the notice. | 4601 |
(3) If the board of county commissioners does not object or | 4602 |
fails to certify its resolution objecting to an exemption within | 4603 |
thirty days after receipt of the notice, the board of township | 4604 |
trustees may adopt its resolution, and no compensation shall be | 4605 |
provided to the board of county commissioners. If the board of | 4606 |
county commissioners timely certifies its resolution objecting to | 4607 |
the trustees' resolution, the board of township trustees may adopt | 4608 |
its resolution at any time after a mutually acceptable | 4609 |
compensation agreement is agreed to by the board of county | 4610 |
commissioners and the board of township trustees, or, if no | 4611 |
compensation agreement is negotiated, at any time after the board | 4612 |
of township trustees agrees in the proposed resolution to provide | 4613 |
compensation to the board of county commissioners of fifty per | 4614 |
cent of the taxes that would be payable to the county in the | 4615 |
eleventh and subsequent years of the exemption period or on the | 4616 |
portion of the improvement in excess of seventy-five per cent, | 4617 |
were that portion to be subject to taxation. | 4618 |
(F) Service payments in lieu of taxes that are attributable | 4619 |
to any amount by which the effective tax rate of either a renewal | 4620 |
levy with an increase or a replacement levy exceeds the effective | 4621 |
tax rate of the levy renewed or replaced, or that are attributable | 4622 |
to an additional levy, for a levy authorized by the voters for any | 4623 |
of the following purposes on or after January 1, 2006, and which | 4624 |
are provided pursuant to a resolution creating an incentive | 4625 |
district under division (C)(1) of this section that is adopted on | 4626 |
or after January 1, 2006, shall be distributed to the appropriate | 4627 |
taxing authority as required under division (C) of section 5709.74 | 4628 |
of the Revised Code in an amount equal to the amount of taxes from | 4629 |
that additional levy or from the increase in the effective tax | 4630 |
rate of such renewal or replacement levy that would have been | 4631 |
payable to that taxing authority from the following levies were it | 4632 |
not for the exemption authorized under division (C) of this | 4633 |
section: | 4634 |
(1) A tax levied under division (L) of section 5705.19 or | 4635 |
section 5705.191 of the Revised Code for community mental | 4636 |
retardation and developmental disabilities programs and services | 4637 |
pursuant to Chapter 5126. of the Revised Code; | 4638 |
(2) A tax levied under division (Y) of section 5705.19 of the | 4639 |
Revised Code for providing or maintaining senior citizens services | 4640 |
or facilities; | 4641 |
(3) A tax levied under section 5705.22 of the Revised Code | 4642 |
for county hospitals; | 4643 |
(4) A tax levied by a joint-county district or by a county | 4644 |
under section 5705.19, 5705.191, or 5705.221 of the Revised Code | 4645 |
for alcohol, drug addiction, and mental health services or | 4646 |
families; | 4647 |
(5) A tax levied under section 5705.23 of the Revised Code | 4648 |
for library purposes; | 4649 |
(6) A tax levied under section 5705.24 of the Revised Code | 4650 |
for the support of children services and the placement and care of | 4651 |
children; | 4652 |
(7) A tax levied under division (Z) of section 5705.19 of the | 4653 |
Revised Code for the provision and maintenance of zoological park | 4654 |
services and facilities under section 307.76 of the Revised Code; | 4655 |
(8) A tax levied under section 511.27 or division (H) of | 4656 |
section 5705.19 of the Revised Code for the support of township | 4657 |
park districts; | 4658 |
(9) A tax levied under division (A), (F), or (H) of section | 4659 |
5705.19 of the Revised Code for parks and recreational purposes of | 4660 |
a joint recreation district organized pursuant to division (B) of | 4661 |
section 755.14 of the Revised Code; | 4662 |
(10) A tax levied under section 1545.20 or 1545.21 of the | 4663 |
Revised Code for park district purposes; | 4664 |
(11) A tax levied under section 5705.191 of the Revised Code | 4665 |
for the purpose of making appropriations for public assistance; | 4666 |
human or social services; public relief; public welfare; public | 4667 |
health and hospitalization; and support of general hospitals; | 4668 |
(12) A tax levied under section 3709.29 of the Revised Code | 4669 |
for a general health district program. | 4670 |
(G) An exemption from taxation granted under this section | 4671 |
commences with the tax year specified in the resolution so long as | 4672 |
the year specified in the resolution commences after the effective | 4673 |
date of the resolution. If the resolution specifies a year | 4674 |
commencing before the effective date of the resolution or | 4675 |
specifies no year whatsoever, the exemption commences with the tax | 4676 |
year in which an exempted improvement first appears on the tax | 4677 |
list and duplicate of real and public utility property and that | 4678 |
commences after the effective date of the resolution. Except as | 4679 |
otherwise provided in this division, the exemption ends on the | 4680 |
date specified in the resolution as the date the improvement | 4681 |
ceases to be a public purpose or the incentive district expires, | 4682 |
or ends on the date on which the public infrastructure | 4683 |
improvements and housing renovations are paid in full from the | 4684 |
township public improvement tax increment equivalent fund | 4685 |
established under section 5709.75 of the Revised Code, whichever | 4686 |
occurs first. The exemption of an improvement with respect to a | 4687 |
parcel or within an incentive district may end on a later date, as | 4688 |
specified in the resolution, if the board of township trustees and | 4689 |
the board of education of the city, local, or exempted village | 4690 |
school district within which the parcel or district is located | 4691 |
have entered into a compensation agreement under section 5709.82 | 4692 |
of the Revised Code with respect to the improvement and the board | 4693 |
of education has approved the term of the exemption under division | 4694 |
(D) of this section, but in no case shall the improvement be | 4695 |
exempted from taxation for more than thirty years. The board of | 4696 |
township trustees may, by majority vote, adopt a resolution | 4697 |
permitting the township to enter into such agreements as the board | 4698 |
finds necessary or appropriate to provide for the construction or | 4699 |
undertaking of public infrastructure improvements and housing | 4700 |
renovations. Any exemption shall be claimed and allowed in the | 4701 |
same or a similar manner as in the case of other real property | 4702 |
exemptions. If an exemption status changes during a tax year, the | 4703 |
procedure for the apportionment of the taxes for that year is the | 4704 |
same as in the case of other changes in tax exemption status | 4705 |
during the year. | 4706 |
(H) The board of township trustees may issue the notes of the | 4707 |
township to finance all costs pertaining to the construction or | 4708 |
undertaking of public infrastructure improvements and housing | 4709 |
renovations made pursuant to this section. The notes shall be | 4710 |
signed by the board and attested by the signature of the township | 4711 |
fiscal officer, shall bear interest not to exceed the rate | 4712 |
provided in section 9.95 of the Revised Code, and are not subject | 4713 |
to Chapter 133. of the Revised Code. The resolution authorizing | 4714 |
the issuance of the notes shall pledge the funds of the township | 4715 |
public improvement tax increment equivalent fund established | 4716 |
pursuant to section 5709.75 of the Revised Code to pay the | 4717 |
interest on and principal of the notes. The notes, which may | 4718 |
contain a clause permitting prepayment at the option of the board, | 4719 |
shall be offered for sale on the open market or given to the | 4720 |
vendor or contractor if no sale is made. | 4721 |
(I) The township, not later than fifteen days after the | 4722 |
adoption of a resolution under this section, shall submit to the | 4723 |
director of development a copy of the resolution. On or before the | 4724 |
thirty-first day of March of each year, the township shall submit | 4725 |
a status report to the director of development. The report shall | 4726 |
indicate, in the manner prescribed by the director, the progress | 4727 |
of the project during each year that the exemption remains in | 4728 |
effect, including a summary of the receipts from service payments | 4729 |
in lieu of taxes; expenditures of money from the fund created | 4730 |
under section 5709.75 of the Revised Code; a description of the | 4731 |
public infrastructure improvements and housing renovations | 4732 |
financed with the expenditures; and a quantitative summary of | 4733 |
changes in private investment resulting from each project. | 4734 |
(J) Nothing in this section shall be construed to prohibit a | 4735 |
board of township trustees from declaring to be a public purpose | 4736 |
improvements with respect to more than one parcel. | 4737 |
If a parcel is located in a new community district in which | 4738 |
the new community authority imposes a community development charge | 4739 |
on the basis of rentals received from leases of real property as | 4740 |
described in division (L)(2) of section 349.01 of the Revised | 4741 |
Code, the parcel may not be exempted from taxation under this | 4742 |
section. | 4743 |
(K) A board of township trustees that adopted a resolution | 4744 |
under this section prior to July 21, 1994, may amend that | 4745 |
resolution to include any additional public infrastructure | 4746 |
improvement. A board of township trustees that seeks by the | 4747 |
amendment to utilize money from its township public improvement | 4748 |
tax increment equivalent fund for land acquisition in aid of | 4749 |
industry, commerce, distribution, or research, demolition on | 4750 |
private property, or stormwater and flood remediation projects may | 4751 |
do so provided that the board currently is a party to a | 4752 |
hold-harmless agreement with the board of education of the city, | 4753 |
local, or exempted village school district within the territory of | 4754 |
which are located the parcels that are subject to an exemption. | 4755 |
For the purposes of this division, a "hold-harmless agreement" | 4756 |
means an agreement under which the board of township trustees | 4757 |
agrees to compensate the school district for one hundred per cent | 4758 |
of the tax revenue that the school district would have received | 4759 |
from further improvements to parcels designated in the resolution | 4760 |
were it not for the exemption granted by the resolution. | 4761 |
Sec. 5709.77. As used in sections 5709.77 to 5709.81 of the | 4762 |
Revised Code: | 4763 |
(A) "Business day" means a day of the week excluding | 4764 |
Saturday, Sunday, and a legal holiday as defined in section 1.14 | 4765 |
of the Revised Code. | 4766 |
(B) "Fund" means to provide for the payment of the debt | 4767 |
service on and the expenses relating to an outstanding obligation | 4768 |
of the county. | 4769 |
(C) "Housing renovation" means a project carried out for | 4770 |
residential purposes. | 4771 |
(D) "Improvement" means the increase in the assessed value of | 4772 |
real property | 4773 |
the property as it appears on the most recent tax list and | 4774 |
duplicate of real and public utility property | 4775 |
before the effective date of a resolution adopted under section | 4776 |
5709.78 of the Revised Code | 4777 |
4778 | |
5709.78 of the Revised Code, "improvement" does not include any | 4779 |
property used or to be used for residential purposes. For this | 4780 |
purpose, "property that is used or to be used for residential | 4781 |
purposes" means property that, as improved, is used or to be used | 4782 |
for purposes that would cause the tax commissioner to classify the | 4783 |
property as residential property in accordance with rules adopted | 4784 |
by the commissioner under section 5713.041 of the Revised Code. | 4785 |
(E) "Incentive district" has the same meaning as in section | 4786 |
5709.40 of the Revised Code, except that a blighted area is in the | 4787 |
unincorporated territory of a county. | 4788 |
(F) "Refund" means to fund and retire an outstanding | 4789 |
obligation of the county. | 4790 |
(G) "Project" and "public infrastructure improvement" have | 4791 |
the same meanings as in section 5709.40 of the Revised Code. | 4792 |
Sec. 5913.11. (A) There is hereby created the Ohio military | 4793 |
medal of distinction. The adjutant general shall design the medal | 4794 |
and coordinate an eligibility establishment program. An individual | 4795 |
is eligible for the medal if the individual was killed | 4796 |
4797 | |
following: | 4798 |
(1) Engaging in an action against an enemy of the United | 4799 |
States; | 4800 |
(2) Engaging in military operations involving conflict with | 4801 |
an opposing foreign force; | 4802 |
(3) Serving with friendly foreign forces engaged in an armed | 4803 |
conflict against an opposing armed force in which the United | 4804 |
States is not a belligerent party; or | 4805 |
(4) Serving in a combat zone designated by presidential | 4806 |
order. | 4807 |
(B) To receive the Ohio military medal of distinction, an | 4808 |
individual shall be at least one of the following at the time the | 4809 |
member was killed | 4810 |
(1) | 4811 |
state; | 4812 |
(2) An Ohio national guard member; | 4813 |
(3) A United States military reserves member who is a | 4814 |
resident of this state; | 4815 |
| 4816 |
resident of this state | 4817 |
4818 |
(C) (1) At least once per year, | 4819 |
4820 | |
eligible medal recipients | 4821 |
of veterans services | 4822 |
governor. The adjutant general shall prepare a medal for each | 4823 |
eligible medal recipient. The medal shall be presented to the | 4824 |
recipient's primary next of kin, as designated by the recipient. | 4825 |
If the recipient has not designated a primary next of kin or if | 4826 |
the designated primary next of kin is deceased, the primary next | 4827 |
of kin shall be determined under the rules of the United States | 4828 |
department of defense. | 4829 |
(2) The governor and the general assembly annually shall hold | 4830 |
a joint ceremony to recognize the medal recipients for the prior | 4831 |
year and to present each medal to the recipient's primary next of | 4832 |
kin, as determined under division (C)(1) of this section. | 4833 |
Beginning in 2013, in any year in which the governor holds a | 4834 |
wreath-laying ceremony to honor the deceased veterans of the | 4835 |
state, the ceremony to recognize the medal recipients shall be | 4836 |
held on the same day as the wreath-laying ceremony. | 4837 |
(D)(1) If a parent of the medal recipient is the primary next | 4838 |
of kin, as determined under division (C)(1) of this section, and | 4839 |
the medal recipient's parents are not married to each other or are | 4840 |
legally separated from each other, the medal recipient's other | 4841 |
living parent may request a duplicate medal at no cost. | 4842 |
If neither of the medal recipient's parents is the primary | 4843 |
next of kin, as determined under division (C)(1) of this section, | 4844 |
the living parents of the medal recipient jointly may request a | 4845 |
duplicate medal at no cost, except that if the parents of the | 4846 |
medal recipient are not married to each other or are legally | 4847 |
separated from each other, each living parent may request a | 4848 |
duplicate medal at no cost. | 4849 |
If the medal recipient's spouse is not the primary next of | 4850 |
kin, the spouse may request a duplicate medal at no cost. | 4851 |
The adjutant general shall prescribe a form by which a parent | 4852 |
or spouse may request a duplicate medal under division (D) (1) of | 4853 |
this section. | 4854 |
(2) A surviving spouse, a natural or adopted child who is at | 4855 |
least eighteen years of age, a parent, a brother or sister, | 4856 |
whether of the whole or the half blood, who is at least eighteen | 4857 |
years of age, an aunt or uncle who is at least eighteen years of | 4858 |
age, or a grandparent of a medal recipient may apply to the | 4859 |
adjutant general, on a form prescribed by the adjutant general, to | 4860 |
receive a duplicate medal. The applicant shall include with the | 4861 |
application a fee in an amount to be determined by the adjutant | 4862 |
general. The adjutant general shall set the fee at an amount no | 4863 |
greater than the cost of producing the duplicate medal. | 4864 |
(E) There is in the state treasury the military medal of | 4865 |
distinction fund. The fund shall consist of all fees collected | 4866 |
from applicants for duplicate medals as well as appropriations | 4867 |
made by the general assembly for purposes of the Ohio military | 4868 |
medal of distinction program. The fund shall be used to pay for | 4869 |
the production of medals. Investment earnings of the fund shall be | 4870 |
credited to the fund. | 4871 |
Section 2. That existing sections 307.05, 307.051, 307.055, | 4872 |
505.37, 505.375, 505.44, 505.72, 3354.121, 4503.49, 4513.263, | 4873 |
4743.05, 4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07, | 4874 |
4765.08, 4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111, | 4875 |
4765.112, 4765.113, 4765.114, 4765.115, 4765.116, 4765.12, | 4876 |
4765.15, 4765.16, 4765.17, 4765.18, 4765.22, 4765.23, 4765.28, | 4877 |
4765.29, 4765.30, 4765.31, 4765.32, 4765.33, 4765.37, 4765.38, | 4878 |
4765.39, 4765.40, 4765.42, 4765.48, 4765.49, 4765.55, 4765.56, | 4879 |
4766.01, 4766.03, 4766.04, 4766.05, 4766.07, 4766.08, 4766.09, | 4880 |
4766.10, 4766.11, 4766.12, 4766.13, 4766.15, 4766.22, 5502.01, | 4881 |
5709.40, 5709.73, 5709.77, and 5913.11 and sections 4766.02 and | 4882 |
4766.20 of the Revised Code are hereby repealed. | 4883 |
Section 3. On the effective date of the amendments made to | 4884 |
section 4765.02 of the Revised Code by this act, the member of the | 4885 |
renamed State Board of Emergency Medical, Fire, and Transportation | 4886 |
Services who is an administrator of an adult or pediatric trauma | 4887 |
center shall cease to be a member of the Board. On the effective | 4888 |
date of the amendments made to section 4765.02 of the Revised Code | 4889 |
by this act, the member of the renamed State Board of Emergency | 4890 |
Medical, Fire, and Transportation Services who is a member of the | 4891 |
Ohio Ambulance Association shall cease to be a member of the | 4892 |
Board. On the effective date of the amendments made to section | 4893 |
4765.02 of the Revised Code by this act, the member of the renamed | 4894 |
State Board of Emergency Medical, Fire, and Transportation | 4895 |
Services who is a physician certified by the American board of | 4896 |
surgery, American board of osteopathic surgery, American | 4897 |
osteopathic board of emergency medicine, or American board of | 4898 |
emergency medicine, is chief medical officer of an air medical | 4899 |
agency, and is currently active in providing emergency medical | 4900 |
services shall cease to be a member of the Board. On the effective | 4901 |
date of the amendments made to section 4765.02 of the Revised Code | 4902 |
by this act, of the members of the renamed State Board of | 4903 |
Emergency Medical, Fire, and Transportation Services who were | 4904 |
EMTs, advanced EMTs, or paramedics and were appointed to the Board | 4905 |
in that capacity, only the members who are designated by the | 4906 |
Governor to continue to be members of the Board shall continue to | 4907 |
be so; the other persons shall cease to be members of the Board. | 4908 |
On the effective date of the amendments made to section 4765.02 of | 4909 |
the Revised Code by this act, the member of the renamed State | 4910 |
Board of Emergency Medical, Fire, and Transportation Services who | 4911 |
is a registered nurse and is in the active practice of emergency | 4912 |
nursing shall cease to be a member of the Board. Not later than | 4913 |
sixty days after the effective date of those amendments, the | 4914 |
Governor shall appoint to the renamed State Board of Emergency | 4915 |
Medical, Fire, and Transportation Services a registered nurse with | 4916 |
EMS certification who performs mobile intensive care or air | 4917 |
medical transport. The Governor shall appoint this member from | 4918 |
among three persons nominated by the Ohio Nurses Association, | 4919 |
three persons nominated by the Ohio Association of Critical Care | 4920 |
Transport, and three persons nominated by the Ohio State Council | 4921 |
of the Emergency Nurses Association. | 4922 |
On the effective date of the amendments made to section | 4923 |
4765.02 of the Revised Code by this act, all members of the former | 4924 |
State Board of Emergency Medical Services who do not cease to be | 4925 |
members of the renamed State Board of Emergency Medical, Fire, and | 4926 |
Transportation Services by the terms of this act shall continue to | 4927 |
be members of the renamed State Board of Emergency Medical, Fire, | 4928 |
and Transportation Services, and the dates on which the terms of | 4929 |
the continuing members expire shall be the dates on which their | 4930 |
terms as members of the former State Board of Emergency Medical | 4931 |
Services expired. On the effective date of the amendments made to | 4932 |
section 4765.02 of the Revised Code by this act, the following | 4933 |
members of the former Ohio Medical Transportation Board shall | 4934 |
become members of the State Board of Emergency Medical, Fire, and | 4935 |
Transportation Services, and the dates on which those members' | 4936 |
terms on the State Board of Emergency Medical, Fire, and | 4937 |
Transportation Services expire shall be as follows: | 4938 |
(A) The person who owns or operates a private emergency | 4939 |
medical service organization operating in this state, as | 4940 |
designated by the Governor, term ends November 12, 2013; | 4941 |
(B) The person who owns or operates a nonemergency medical | 4942 |
service organization that provides only ambulette services, term | 4943 |
ends November 12, 2013; | 4944 |
(C) The person who is a member of the Ohio Association of | 4945 |
Critical Care Transport and represents air-based services, term | 4946 |
ends November 12, 2014. | 4947 |
(D) The person who is a member of the Ohio Association of | 4948 |
Critical Care Transport and represents a ground-based mobile | 4949 |
intensive care unit organization, term ends November 12, 2014. | 4950 |
All subsequent terms of office for these four positions on | 4951 |
the State Board of Emergency Medical, Fire, and Transportation | 4952 |
Services shall be for three years as provided in section 4765.02 | 4953 |
of the Revised Code. | 4954 |
Section 4. On April 1, 2013, the Medical Transportation Board | 4955 |
and all of its functions are transferred to the Department of | 4956 |
Public Safety. As of such date, the Medical Transportation Board | 4957 |
shall operate under the Department of Public Safety, which shall | 4958 |
assume all of the Board's functions. All assets, liabilities, any | 4959 |
capital spending authority related thereto, and equipment and | 4960 |
records, regardless of form or medium, related to the Medical | 4961 |
Transportation Board's functions are transferred to the Department | 4962 |
of Public Safety on April 1, 2013. | 4963 |
No validation, cure, right, privilege, remedy, obligation, or | 4964 |
liability is lost or impaired by reason of the transfer. All of | 4965 |
the Medical Transportation Board's rules, orders, and | 4966 |
determinations continue in effect as rules, orders, and | 4967 |
determinations of the Department of Public Safety until modified | 4968 |
or rescinded by the Department of Public Safety. | 4969 |
No action or proceeding pending on April 1, 2013, is affected | 4970 |
by the transfer and any action or proceeding pending on April 1, | 4971 |
2013, shall be prosecuted or defended in the name of the | 4972 |
Department of Public Safety or its director. In all such actions | 4973 |
and proceedings, the Department of Public Safety or its director, | 4974 |
upon application to the court, shall be substituted as a party. | 4975 |
On or after April 1, 2013, notwithstanding any provision of | 4976 |
law to the contrary, the Director of Budget and Management shall | 4977 |
take any action with respect to budget changes made necessary by | 4978 |
the transfer. The Director may transfer cash balances between | 4979 |
funds. The Director may cancel encumbrances and reestablish | 4980 |
encumbrances or parts of encumbrances as needed in the fiscal year | 4981 |
in the appropriate fund and appropriation item for the same | 4982 |
purpose and to the same vendor. As determined by the Director, | 4983 |
encumbrances reestablished in the fiscal year in a different fund | 4984 |
or appropriation item used by an agency or between agencies are | 4985 |
appropriated. The Director shall reduce each year's appropriation | 4986 |
balances by the amount of the encumbrance canceled in their | 4987 |
respective funds and appropriation item. Any unencumbered or | 4988 |
unallocated appropriation balances from the previous fiscal year | 4989 |
may be transferred to the appropriate appropriation item to be | 4990 |
used for the same purposes, as determined by the Director. Any | 4991 |
such transfers are hereby appropriated. | 4992 |
Section 5. That Section 205.10 of Am. Sub. H.B. 114 of the | 4993 |
129th General Assembly, as most recently amended by Am. Sub. H.B. | 4994 |
487 of the 129th General Assembly, be amended to read as follows: | 4995 |
Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY | 4996 |
State Highway Safety Fund Group | 4997 |
4W40 | 762321 | Operating Expense - BMV | $ | 80,003,146 | $ | 82,003,240 | 4998 | ||||
4W40 | 762410 | Registrations Supplement | $ | 28,945,176 | $ | 29,813,532 | 4999 | ||||
5V10 | 762682 | License Plate Contributions | $ | 2,100,000 | $ | 2,100,000 | 5000 | ||||
7036 | 761321 | Operating Expense - Information and Education | $ | 7,124,366 | $ | 6,988,097 | 5001 | ||||
7036 | 761401 | Lease Rental Payments | $ | 9,978,300 | $ | 2,315,700 | 5002 | ||||
7036 | 764033 | Minor Capital Projects | $ | 1,250,000 | $ | 1,250,000 | 5003 | ||||
7036 | 764321 | Operating Expense - Highway Patrol | $ | 260,744,934 | $ | 258,365,903 | 5004 | ||||
7036 | 764605 | Motor Carrier Enforcement Expenses | $ | 2,860,000 | $ | 2,860,000 | 5005 | ||||
8300 | 761603 | Salvage and Exchange - Administration | $ | 19,469 | $ | 20,053 | 5006 | ||||
8310 | 761610 | Information and Education - Federal | $ | 422,084 | $ | 409,746 | 5007 | ||||
8310 | 764610 | Patrol - Federal | $ | 2,209,936 | $ | 2,276,234 | 5008 | ||||
8310 | 764659 | Transportation Enforcement - Federal | $ | 5,519,333 | $ | 5,684,913 | 5009 | ||||
8310 | 765610 | EMS - Federal | $ | 532,007 | $ | 532,007 | 5010 | ||||
8310 | 769610 | Investigative Unit Federal Reimbursement | $ | 1,546,319 | $ | 1,546,319 | 5011 | ||||
8310 | 769631 | Homeland Security - Federal | $ | 2,184,000 | $ | 2,184,000 | 5012 | ||||
8320 | 761612 | Traffic Safety - Federal | $ | 16,577,565 | $ | 16,577,565 | 5013 | ||||
8350 | 762616 | Financial Responsibility Compliance | $ | 5,457,240 | $ | 5,274,068 | 5014 | ||||
8370 | 764602 | Turnpike Policing | $ | 11,553,959 | $ | 11,553,959 | 5015 | ||||
8380 | 764606 | Patrol Reimbursement | $ | 50,000 | $ | 50,000 | 5016 | ||||
83C0 | 764630 | Contraband, Forfeiture, Other | $ | 622,894 | $ | 622,894 | 5017 | ||||
83F0 | 764657 | Law Enforcement Automated Data System | $ | 9,053,266 | $ | 9,053,266 | 5018 | ||||
83G0 | 764633 | OMVI Enforcement/Education | $ | 623,230 | $ | 641,927 | 5019 | ||||
83J0 | 764693 | Highway Patrol Justice Contraband | $ | 2,100,000 | $ | 2,100,000 | 5020 | ||||
83M0 | 765624 | Operating Expense - Trauma and EMS | $ | 2,632,106 | $ | 5021 | |||||
83M0 | 765640 | EMS - Grants | $ | 0 | $ | 4,229,819 | 5022 | ||||
83N0 | 761611 | Elementary School Seat Belt Program | $ | 305,600 | $ | 0 | 5023 | ||||
83P0 | 765637 | EMS Grants | $ | 4,106,621 | $ | 0 | 5024 | ||||
83R0 | 762639 | Local Immobilization Reimbursement | $ | 450,000 | $ | 450,000 | 5025 | ||||
83T0 | 764694 | Highway Patrol Treasury Contraband | $ | 21,000 | $ | 21,000 | 5026 | ||||
8400 | 764607 | State Fair Security | $ | 1,256,655 | $ | 1,294,354 | 5027 | ||||
8400 | 764617 | Security and Investigations | $ | 6,432,686 | $ | 6,432,686 | 5028 | ||||
8400 | 764626 | State Fairgrounds Police Force | $ | 849,883 | $ | 849,883 | 5029 | ||||
8400 | 769632 | Homeland Security - Operating | $ | 737,791 | $ | 737,791 | 5030 | ||||
8410 | 764603 | Salvage and Exchange - Highway Patrol | $ | 1,339,399 | $ | 1,339,399 | 5031 | ||||
8460 | 761625 | Motorcycle Safety Education | $ | 3,185,013 | $ | 3,280,563 | 5032 | ||||
8490 | 762627 | Automated Title Processing Board | $ | 17,316,755 | $ | 14,335,513 | 5033 | ||||
TOTAL HSF State Highway Safety Fund Group | $ | 490,110,733 | $ | |
5034 |
General Services Fund Group | 5035 |
4P60 | 768601 | Justice Program Services | $ | 998,104 | $ | 1,028,047 | 5036 | ||||
4S30 | 766661 | Hilltop Utility Reimbursement | $ | 540,800 | $ | 540,800 | 5037 | ||||
5ET0 | 768625 | Drug Law Enforcement | $ | 3,780,000 | $ | 3,893,400 | 5038 | ||||
5Y10 | 764695 | Highway Patrol Continuing Professional Training | $ | 170,000 | $ | 170,000 | 5039 | ||||
5Y10 | 767696 | Investigative Unit Continuing Professional Training | $ | 15,000 | $ | 15,000 | 5040 | ||||
TOTAL GSF General Services Fund Group | $ | 5,503,904 | $ | 5,647,247 | 5041 |
Federal Special Revenue Fund Group | 5042 |
3290 | 763645 | Federal Mitigation Program | $ | 10,110,332 | $ | 10,413,642 | 5043 | ||||
3370 | 763609 | Federal Disaster Relief | $ | 27,707,636 | $ | 27,707,636 | 5044 | ||||
3390 | 763647 | Emergency Management Assistance and Training | $ | 75,664,821 | $ | 77,934,765 | 5045 | ||||
3CB0 | 768691 | Federal Justice Grants - FFY06 | $ | 200,000 | $ | 50,000 | 5046 | ||||
3CC0 | 768609 | Justice Assistance Grants - FFY07 | $ | 583,222 | $ | 310,000 | 5047 | ||||
3CD0 | 768610 | Justice Assistance Grants – FFY08 | $ | 310,000 | $ | 150,000 | 5048 | ||||
3CE0 | 768611 | Justice Assistance Grants – FFY09 | $ | 865,000 | $ | 1,200,000 | 5049 | ||||
3CV0 | 768697 | Justice Assistance Grants Supplement – FFY08 | $ | 2,000 | $ | 0 | 5050 | ||||
3DE0 | 768612 | Federal Stimulus - Justice Assistance Grants | $ | 1,015,000 | $ | 1,015,000 | 5051 | ||||
3DH0 | 768613 | Federal Stimulus - Justice Programs | $ | 150,000 | $ | 150,000 | 5052 | ||||
3DU0 | 762628 | BMV Grants | $ | 1,525,000 | $ | 1,480,000 | 5053 | ||||
3EU0 | 768614 | Justice Assistance Grants – FFY10 | $ | 650,000 | $ | 920,000 | 5054 | ||||
3L50 | 768604 | Justice Program | $ | 11,400,000 | $ | 11,400,000 | 5055 | ||||
3N50 | 763644 | U.S. Department of Energy Agreement | $ | 31,672 | $ | 31,672 | 5056 | ||||
TOTAL FED Federal Special Revenue Fund Group | $ | 130,214,683 | $ | 132,762,715 | 5057 |
State Special Revenue Fund Group | 5058 |
4V30 | 763662 | EMA Service and Reimbursement | $ | 4,368,369 | $ | 4,499,420 | 5059 | ||||
5390 | 762614 | Motor Vehicle Dealers Board | $ | 180,000 | $ | 185,400 | 5060 | ||||
5B90 | 766632 | Private Investigator and Security Guard Provider | $ | 1,562,637 | $ | 1,562,637 | 5061 | ||||
5BK0 | 768687 | Criminal Justice Services - Operating | $ | 400,000 | $ | 400,000 | 5062 | ||||
5BK0 | 768689 | Family Violence Shelter Programs | $ | 750,000 | $ | 750,000 | 5063 | ||||
5CM0 | 767691 | Investigative Unit Federal Equitable Sharing - Treasury | $ | 300,000 | $ | 300,000 | 5064 | ||||
5DS0 | 769630 | Homeland Security | $ | 1,414,384 | $ | 1,414,384 | 5065 | ||||
5FF0 | 762621 | Indigent Interlock and Alcohol Monitoring | $ | 2,000,000 | $ | 2,000,000 | 5066 | ||||
5FL0 | 769634 | Investigations | $ | 899,300 | $ | 899,300 | 5067 | ||||
5LM0 | 768698 | Criminal Justice Services Law Enforcement Support | $ | 33,991 | $ | 816,955 | 5068 | ||||
6220 | 767615 | Investigative Contraband and Forfeiture | $ | 375,000 | $ | 375,000 | 5069 | ||||
6570 | 763652 | Utility Radiological Safety | $ | 1,415,945 | $ | 1,415,945 | 5070 | ||||
6810 | 763653 | SARA Title III HAZMAT Planning | $ | 262,438 | $ | 262,438 | 5071 | ||||
8500 | 767628 | Investigative Unit Salvage | $ | 90,000 | $ | 92,700 | 5072 | ||||
TOTAL SSR State Special Revenue Fund Group | $ | 14,052,064 | $ | 14,974,179 | 5073 |
Liquor Control Fund Group | 5074 |
7043 | 767321 | Liquor Enforcement - Operating | $ | 11,000,000 | $ | 11,000,000 | 5075 | ||||
TOTAL LCF Liquor Control Fund Group | $ | 11,000,000 | $ | 11,000,000 | 5076 |
Agency Fund Group | 5077 |
5J90 | 761678 | Federal Salvage/GSA | $ | 1,500,000 | $ | 1,500,000 | 5078 | ||||
TOTAL AGY Agency Fund Group | $ | 1,500,000 | $ | 1,500,000 | 5079 |
Holding Account Redistribution Fund Group | 5080 |
R024 | 762619 | Unidentified Motor Vehicle Receipts | $ | 1,885,000 | $ | 1,885,000 | 5081 | ||||
R052 | 762623 | Security Deposits | $ | 350,000 | $ | 350,000 | 5082 | ||||
TOTAL 090 Holding Account Redistribution Fund Group | $ | 2,235,000 | $ | 2,235,000 | 5083 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 654,616,384 | $ | |
5084 |
MOTOR VEHICLE REGISTRATION | 5085 |
The Registrar of Motor Vehicles may deposit revenues to meet | 5086 |
the cash needs of the State Bureau of Motor Vehicles Fund (Fund | 5087 |
4W40) established in section 4501.25 of the Revised Code, obtained | 5088 |
under sections 4503.02 and 4504.02 of the Revised Code, less all | 5089 |
other available cash. Revenue deposited pursuant to this paragraph | 5090 |
shall support, in part, appropriations for operating expenses and | 5091 |
defray the cost of manufacturing and distributing license plates | 5092 |
and license plate stickers and enforcing the law relative to the | 5093 |
operation and registration of motor vehicles. Notwithstanding | 5094 |
section 4501.03 of the Revised Code, the revenues shall be paid | 5095 |
into Fund 4W40 before any revenues obtained pursuant to sections | 5096 |
4503.02 and 4504.02 of the Revised Code are paid into any other | 5097 |
fund. The deposit of revenues to meet the aforementioned cash | 5098 |
needs shall be in approximately equal amounts on a monthly basis | 5099 |
or as otherwise determined by the Director of Budget and | 5100 |
Management pursuant to a plan submitted by the Registrar of Motor | 5101 |
Vehicles. | 5102 |
CAPITAL PROJECTS | 5103 |
The Registrar of Motor Vehicles may transfer cash from the | 5104 |
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State | 5105 |
Highway Safety Fund (Fund 7036) to meet its obligations for | 5106 |
capital projects CIR-047, Department of Public Safety Office | 5107 |
Building and CIR-049, Warehouse Facility. | 5108 |
OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS | 5109 |
The foregoing appropriation item 761401, Lease Rental | 5110 |
Payments, shall be used for payments to the Ohio Building | 5111 |
Authority for the period July 1, 2011, to June 30, 2013, under the | 5112 |
primary leases and agreements for public safety related buildings | 5113 |
financed by obligations issued under Chapter 152. of the Revised | 5114 |
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio | 5115 |
Building Authority may, with approval of the Director of Budget | 5116 |
and Management, lease capital facilities to the Department of | 5117 |
Public Safety. | 5118 |
HILLTOP TRANSFER | 5119 |
The Director of Public Safety shall determine, per an | 5120 |
agreement with the Director of Transportation, the share of each | 5121 |
debt service payment made out of appropriation item 761401, Lease | 5122 |
Rental Payments, that relates to the Department of | 5123 |
Transportation's portion of the Hilltop Building Project, and | 5124 |
shall certify to the Director of Budget and Management the amounts | 5125 |
of this share. The Director of Budget and Management shall | 5126 |
transfer the amounts of such shares from the Highway Operating | 5127 |
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036). | 5128 |
CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND | 5129 |
On July 1, 2011, or as soon as possible thereafter, the | 5130 |
Director of Budget and Management shall transfer the unexpended | 5131 |
and unencumbered cash balance in the Seat Belt Education Fund | 5132 |
(Fund 8440) to the Trauma and Emergency Medical Services Fund | 5133 |
(Fund 83M0). Upon completion of the transfer, Fund 8440 is | 5134 |
abolished. The Director shall cancel any existing encumbrances | 5135 |
against appropriation item 761613, Seat Belt Education Program, | 5136 |
and reestablish them against appropriation item 765624, Operating | 5137 |
Expense - Trauma and EMS. The reestablished encumbrance amounts | 5138 |
are hereby appropriated. | 5139 |
CASH TRANSFERS BETWEEN FUNDS | 5140 |
Notwithstanding any provision of law to the contrary, the | 5141 |
Director of Budget and Management, upon the written request of the | 5142 |
Director of Public Safety, may approve the transfer of cash | 5143 |
between the following six funds: the Trauma and Emergency Medical | 5144 |
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0), | 5145 |
the Investigations Fund (Fund 5FL0), the Emergency Management | 5146 |
Agency Service and Reimbursement Fund (Fund 4V30), the Justice | 5147 |
Program Services Fund (Fund 4P60), and the State Bureau of Motor | 5148 |
Vehicles Fund (Fund 4W40). | 5149 |
CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND | 5150 |
Notwithstanding any provision of law to the contrary, the | 5151 |
Director of Budget and Management, upon the written request of the | 5152 |
Director of Public Safety, may approve the transfer of cash from | 5153 |
the Continuing Professional Training Fund (Fund 5Y10), the State | 5154 |
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0), | 5155 |
the Trauma and Emergency Medical Services Fund (Fund 83M0), and | 5156 |
the Highway Safety Salvage and Exchange Highway Patrol Fund (Fund | 5157 |
8410) to the Security, Investigations, and Policing Fund (Fund | 5158 |
8400). | 5159 |
CASH TRANSFERS OF SEAT BELT FINE REVENUES | 5160 |
Notwithstanding any provision of law to the contrary, the | 5161 |
Controlling Board, upon request of the Director of Public Safety, | 5162 |
may approve the transfer of cash between the following three funds | 5163 |
that receive fine revenues from enforcement of the mandatory seat | 5164 |
belt law: the Trauma and Emergency Medical Services Fund (Fund | 5165 |
83M0), the Elementary School Program Fund (Fund 83N0), and the | 5166 |
Trauma and Emergency Medical Services Grants Fund (Fund 83P0). | 5167 |
STATE DISASTER RELIEF | 5168 |
The State Disaster Relief Fund (Fund 5330) may accept | 5169 |
transfers of cash and appropriations from Controlling Board | 5170 |
appropriation items for Ohio Emergency Management Agency disaster | 5171 |
response costs and disaster program management costs, and may also | 5172 |
be used for the following purposes: | 5173 |
(A) To accept transfers of cash and appropriations from | 5174 |
Controlling Board appropriation items for Ohio Emergency | 5175 |
Management Agency public assistance and mitigation program match | 5176 |
costs to reimburse eligible local governments and private | 5177 |
nonprofit organizations for costs related to disasters; | 5178 |
(B) To accept and transfer cash to reimburse the costs | 5179 |
associated with Emergency Management Assistance Compact (EMAC) | 5180 |
deployments; | 5181 |
(C) To accept disaster related reimbursement from federal, | 5182 |
state, and local governments. The Director of Budget and | 5183 |
Management may transfer cash from reimbursements received by this | 5184 |
fund to other funds of the state from which transfers were | 5185 |
originally approved by the Controlling Board. | 5186 |
(D) To accept transfers of cash and appropriations from | 5187 |
Controlling Board appropriation items to fund the State Disaster | 5188 |
Relief Program, for disasters that have been declared by the | 5189 |
Governor, and the State Individual Assistance Program for | 5190 |
disasters that have been declared by the Governor and the federal | 5191 |
Small Business Administration. The Ohio Emergency Management | 5192 |
Agency shall publish and make available application packets | 5193 |
outlining procedures for the State Disaster Relief Program and the | 5194 |
State Individual Assistance Program. | 5195 |
JUSTICE ASSISTANCE GRANT FUND | 5196 |
The federal payments made to the state for the Byrne Justice | 5197 |
Assistance Grants Program under Title II of Division A of the | 5198 |
American Recovery and Reinvestment Act of 2009 shall be deposited | 5199 |
to the credit of the Justice Assistance Grant Fund (Fund 3DE0), | 5200 |
which is hereby created in the state treasury. All investment | 5201 |
earnings of the fund shall be credited to the fund. | 5202 |
FEDERAL STIMULUS – JUSTICE PROGRAMS | 5203 |
The federal payments made to the state for the Violence | 5204 |
Against Women Formula Grant under Title II of Division A of the | 5205 |
American Recovery and Reinvestment Act of 2009 shall be deposited | 5206 |
to the credit of the Federal Stimulus – Justice Programs Fund | 5207 |
(Fund 3DH0). | 5208 |
TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT | 5209 |
AGENCY SERVICE AND REIMBURSEMENT FUND | 5210 |
On July 1 of each fiscal year, or as soon as possible | 5211 |
thereafter, the Director of Budget and Management shall transfer | 5212 |
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to | 5213 |
the Emergency Management Agency Service and Reimbursement Fund | 5214 |
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban | 5215 |
Search and Rescue Unit and other urban search and rescue programs | 5216 |
around the state. | 5217 |
FAMILY VIOLENCE PREVENTION FUND | 5218 |
Notwithstanding any provision of law to the contrary, in each | 5219 |
of fiscal years 2012 and 2013, the first $750,000 received to the | 5220 |
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be | 5221 |
appropriated to appropriation item 768689, Family Violence Shelter | 5222 |
Programs, and the next $400,000 received to the credit of Fund | 5223 |
5BK0 in each of those fiscal years shall be appropriated to | 5224 |
appropriation item 768687, Criminal Justice Services - Operating. | 5225 |
Any moneys received to the credit of Fund 5BK0 in excess of the | 5226 |
aforementioned appropriated amounts in each fiscal year shall, | 5227 |
upon the approval of the Controlling Board, be used to provide | 5228 |
grants to family violence shelters in Ohio. | 5229 |
SARA TITLE III HAZMAT PLANNING | 5230 |
The SARA Title III HAZMAT Planning Fund (Fund 6810) is | 5231 |
entitled to receive grant funds from the Emergency Response | 5232 |
Commission to implement the Emergency Management Agency's | 5233 |
responsibilities under Chapter 3750. of the Revised Code. | 5234 |
COLLECTIVE BARGAINING INCREASES | 5235 |
Notwithstanding division (D) of section 127.14 and division | 5236 |
(B) of section 131.35 of the Revised Code, except for the General | 5237 |
Revenue Fund, the Controlling Board may, upon the request of | 5238 |
either the Director of Budget and Management, or the Department of | 5239 |
Public Safety with the approval of the Director of Budget and | 5240 |
Management, increase appropriations for any fund, as necessary for | 5241 |
the Department of Public Safety, to assist in paying the costs of | 5242 |
increases in employee compensation that have occurred pursuant to | 5243 |
collective bargaining agreements under Chapter 4117. of the | 5244 |
Revised Code and, for exempt employees, under section 124.152 of | 5245 |
the Revised Code. | 5246 |
CASH BALANCE FUND REVIEW | 5247 |
Not later than the first day of April in each fiscal year of | 5248 |
the biennium, the Director of Budget and Management shall review | 5249 |
the cash balances for each fund, except the State Highway Safety | 5250 |
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund | 5251 |
4W40), in the State Highway Safety Fund Group, and shall recommend | 5252 |
to the Controlling Board an amount to be transferred to the credit | 5253 |
of Fund 7036 or Fund 4W40, as appropriate. | 5254 |
Section 6. That existing Section 205.10 of Am. Sub. H.B. 114 | 5255 |
of the 129th General Assembly, as most recently amended by Am. | 5256 |
Sub. H.B. 487 of the 129th General Assembly, is hereby repealed. | 5257 |
Section 7. That Section 335.10 of Am. Sub. H.B. 153 of the | 5258 |
129th General Assembly be amended to read as follows: | 5259 |
Sec. 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD | 5260 |
General Services Fund Group | 5261 |
4K90 | 915604 | Operating Expenses | $ | 493,641 | $ | 5262 | |||||
TOTAL GSF General Services | 5263 | ||||||||||
Fund Group | $ | 493,641 | $ | 5264 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 493,641 | $ | 5265 |
Section 8. That existing Section 335.10 of Am. Sub. H.B. 153 | 5267 |
of the 129th General Assembly is hereby repealed. | 5268 |
Section 9. All items in this section are hereby appropriated | 5269 |
as designated out of any moneys in the state treasury to the | 5270 |
credit of the State Special Revenue Fund Group. For all | 5271 |
appropriations made in this act, those in the first column are for | 5272 |
fiscal year 2012 and those in the second column are for fiscal | 5273 |
year 2013. The appropriations made in this act are in addition to | 5274 |
any other appropriations made for the FY 2012-FY 2013 biennium. | 5275 |
Appropriations |
5276 | |
State Special Revenue Fund Group | 5277 |
5LY0 | 745626 | Military Medal of Distinction | $ | 0 | $ | 2,500 | 5278 | ||||
TOTAL SSR State Special Revenue Fund Group | $ | 0 | $ | 2,500 | 5279 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 2,500 | 5280 |
MILITARY MEDAL OF DISTINCTION | 5281 |
On the effective date of this act, or as soon as possible | 5282 |
thereafter, the Director of Budget and Management shall transfer | 5283 |
$2,500 cash from the General Revenue Fund to the Military Medal of | 5284 |
Distinction Fund (Fund 5LY0). The amount transferred shall be used | 5285 |
by the Adjutant General for the purposes described in section | 5286 |
5913.11 of the Revised Code. | 5287 |
Section 10. Within the limits set forth in this act, the | 5288 |
Director of Budget and Management shall establish accounts | 5289 |
indicating the source and amount of funds for each appropriation | 5290 |
made in this act, and shall determine the form and manner in which | 5291 |
appropriation accounts shall be maintained. Expenditures from | 5292 |
appropriations contained in this act shall be accounted for as | 5293 |
though made in Am. Sub. H.B. 153 of the 129th General Assembly. | 5294 |
The appropriations made in this act are subject to all | 5295 |
provisions of Am. Sub. H.B. 153 of the 129th General Assembly that | 5296 |
are generally applicable to such appropriations. | 5297 |
Section 11. That Section 707.10 of Am. Sub. H.B. 487 of the | 5298 |
129th General Assembly be amended to read as follows: | 5299 |
Sec. 707.10. For fiscal years 2013 and 2014, the legislative | 5300 |
authority of a municipal corporation in a county, with a | 5301 |
population between three hundred seventy-five thousand and four | 5302 |
hundred thousand according to the most recent federal decennial | 5303 |
census, may conduct a pilot program whereby the legislative | 5304 |
authority may use up to five per cent of the aggregate amount of | 5305 |
money deposited in the municipal corporation's sewer fund and up | 5306 |
to five per cent of the aggregate amount of money deposited in a | 5307 |
fund created by the municipal corporation for water-works for the | 5308 |
purpose of extending the municipal corporation's water or sewerage | 5309 |
system, as applicable, if both of the following apply: | 5310 |
(A) The water or sewerage system is being extended to areas | 5311 |
for economic development purposes. | 5312 |
(B) The areas into which the water or sewerage system is | 5313 |
being extended are | 5314 |
(1) The subject of a cooperative economic development | 5315 |
agreement entered into by the municipal corporation under section | 5316 |
701.07 of the Revised Code; | 5317 |
(2) Within a joint economic development district created | 5318 |
under sections 715.72 to 715.81 of the Revised Code for which the | 5319 |
municipal corporation is a contracting party; | 5320 |
(3) Within the boundaries of the municipal corporation. | 5321 |
With regard to either fund, the legislative authority shall | 5322 |
not exceed the five per cent limit established in this section. | 5323 |
Section 12. That existing Section 707.10 of Am. Sub. H.B. 487 | 5324 |
of the 129th General Assembly is hereby repealed. | 5325 |
Section 13. The amendment by this act of sections 5709.40, | 5326 |
5709.73, and 5709.77 of the Revised Code applies to the tax years | 5327 |
at issue in any application for exemption from taxation pending | 5328 |
before the Tax Commissioner, the Board of Tax Appeals, any Court | 5329 |
of Appeals, or the Supreme Court on the effective date of this act | 5330 |
and to the property that is the subject of any such application. | 5331 |
Section 14. Sections 5709.40 and 5709.73 of the Revised Code | 5332 |
are presented in this act as composites of those sections as | 5333 |
amended by both Am. Sub. H.B. 508 and Am. Sub. H.B. 509 of the | 5334 |
129th General Assembly. The General Assembly, applying the | 5335 |
principle stated in division (B) of section 1.52 of the Revised | 5336 |
Code that amendments are to be harmonized if reasonably capable of | 5337 |
simultaneous operation, finds that the composites are the | 5338 |
resulting versions of the sections in effect prior to the | 5339 |
effective date of the sections as presented in this act. | 5340 |