The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 30 |
SENATORS DIX-DRAKE-GILLMOR-WHITE-RAY-GARDNER
A BILL
To amend sections 9.60, 307.05, 307.051, 307.055, 505.37, 505.375, 505.44,
505.72, 2909.01, 4503.49, 4765.09, 4765.10, 4765.37, 4765.56, 4766.01,
4766.03, 4766.04,
4766.07, 4766.08, 4766.09, 4766.10, 4766.11, 4766.12, and 4931.40 and to enact
section 4766.13 of the Revised Code to make changes in the laws
regarding ambulances and the duties of the Ohio Ambulance Licensing
Board and to make corrections in the laws regarding emergency medical
services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.60, 307.05, 307.051, 307.055, 505.37, 505.375,
505.44, 505.72, 2909.01, 4503.49, 4765.09, 4765.10, 4765.37, 4765.56, 4766.01,
4766.03, 4766.04, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11, 4766.12, and
4931.40 be amended and section 4766.13 of the Revised Code be enacted to read
as follows:
Sec. 9.60. (A) As used in this section:
(1) "Firefighting agency" means a municipal corporation,
township, township fire district, joint ambulance district, JOINT EMERGENCY
MEDICAL SERVICES DISTRICT, or
joint fire district.
(2) "Private fire company" means any nonprofit group or
organization owning and operating firefighting equipment not
controlled by any firefighting agency.
(3) "Governing board" means the board of county
commissioners in the case of a county; the legislative authority
in the case of a municipal corporation; the board of trustees of
a joint ambulance district in the case of a joint ambulance
district; THE BOARD OF TRUSTEES OF A JOINT EMERGENCY MEDICAL SERVICES
DISTRICT IN THE CASE OF A JOINT EMERGENCY MEDICAL SERVICES
DISTRICT; the board of township trustees in the case of a
township or township fire district; the board of fire district
trustees in the case of a joint fire district; and the board of
trustees in the case of a private fire company.
(4) "Fire protection" includes the provision of ambulance,
emergency medical, and rescue service by the fire department of a
firefighting agency or by a private fire company and the
extension of the use of firefighting apparatus or firefighting
equipment.
(B) Any firefighting agency or private fire company may
contract with any state agency or instrumentality, county, or
political subdivision of this state or with a governmental entity
of an adjoining state to provide fire protection, whether on a
regular basis or only in times of emergency, upon the approval of
the governing boards of the counties, firefighting agencies,
political subdivisions, or private fire companies or the
administrative heads of the state agencies or instrumentalities
that are parties to the contract.
(C) Any county, political subdivision, or state agency or
instrumentality may contract with a firefighting agency of this
state, a private fire company, or a governmental entity of an
adjoining state to obtain fire protection, whether on a regular
basis or only in times of emergency, upon the authorization of
the governing boards of the counties, firefighting agencies,
political subdivisions, or private fire companies or
administrative heads of the state agencies or instrumentalities
that are parties to the contract.
(D) Any firefighting agency of this state or any private
fire company may provide fire protection to any state agency or
instrumentality, county, or political subdivision of this state,
or to a governmental entity of an adjoining state, without a
contract to provide fire protection, upon the approval of the
governing board of the firefighting agency or private fire
company and upon authorization of an officer or employee of the
firefighting agency providing the fire protection designated by
title of their office or position pursuant to the authorization
of the governing board of the firefighting agency.
(E) Chapter 2744. of the Revised Code, insofar as it is
applicable to the operation of fire departments, applies to the
firefighting agencies and fire department members when such
members are rendering service outside the boundaries of the
firefighting agency pursuant to this section.
Fire department members acting outside the boundaries of
the firefighting agency by which they are employed may
participate in any pension or indemnity fund established by their
employer to the same extent as while acting within the boundaries
of the firefighting agency, and are entitled to all the rights
and benefits of Chapter 4123. of the Revised Code, to the same
extent as while performing service within the boundaries of the
firefighting agency.
Sec. 307.05. As used in this section, "emergency medical
service organization" has the same meaning as in section 4765.01
of the Revised Code.
A board of county commissioners may operate an ambulance
service organization or emergency medical service organization,
or, in counties with a population of forty thousand or less, may
operate a nonemergency patient transport
service organization, or may enter
into a contract with one or more counties, townships, municipal
corporations, nonprofit corporations, joint emergency medical
services districts, fire and ambulance districts, or private ambulance
owners, regardless of whether such counties, townships, municipal
corporations, nonprofit corporations, joint emergency medical
services districts, fire and ambulance districts, or private ambulance owners
are located within or without the state, in order to furnish or
obtain the services of ambulance service organizations, to
furnish or obtain additional services from ambulance service
organizations in times of emergency, to furnish or obtain the
services of emergency medical service organizations, or, in
counties with a population of forty thousand or less, to furnish
or obtain services of nonemergency patient transport
service organizations, or may enter
into a contract with any such entity to furnish or obtain the
interchange of services from ambulance or emergency medical
service organizations, or, within counties with a population of
forty thousand or less, to furnish or obtain the interchange of
services from nonemergency patient transport
service organizations, within the territories
of the contracting subdivisions. Such contracts shall not be
entered into with a public agency or nonprofit corporation that
receives more than half of its operating funds from governmental
entities with the intention of directly competing with the
operation of other ambulance service organizations, nonemergency
patient transport service organizations, or emergency medical
service organizations in the county unless the public agency or
nonprofit
corporation
is awarded the contract after submitting the lowest and best bid
to the board of county commissioners. Any county wishing to
commence operation of a nonemergency patient
transport service organization or wishing to enter into a
contract for the
first time to furnish or obtain services from a nonemergency
patient transport
service organization on or after March 1, 1993,
including a county in which a
private provider has been providing the service, shall
demonstrate the need for public funding for the service to, and
obtain approval from, the Ohio STATE BOARD OF emergency medical
services board
or its immediate successor board prior to operating or
funding the organization.
When such an organization is operated by the board, the
organization may be administered by the board, by the county
sheriff, or by another county officer or employee designated by
the board. All rules, including the determining of reasonable
rates, necessary for the establishment, operation, and
maintenance of such an organization shall be adopted by the
board.
A contract for services of an ambulance service, nonemergency patient
transport service, or emergency
medical service organization shall include the terms, conditions,
and stipulations as agreed to by the parties to the contract. It
may provide for a fixed annual charge to be paid at the times
agreed upon and stipulated in the contract, or for compensation
based upon a stipulated price for each run, call, or emergency or
the number of persons or pieces of apparatus employed, or the
elapsed time of service required in such run, call, or emergency,
or any combination thereof.
Sec. 307.051. As used in this section, "emergency medical service
organization" has the same meaning as in section 4766.01 of the Revised Code.
A board of county commissioners, by adoption of an appropriate resolution, may
choose to have the Ohio ambulance licensing board license any emergency
medical service organization it operates. If a board adopts such a
resolution, CHAPTER 4766. of the Revised Code, EXCEPT FOR sections 4766.01
to 4766.05 4766.06 and 4766.07 to 4766.12 4766.99
of the Revised
Code and all rules adopted under those sections are applicable,
APPLIES to the county
emergency medical service organization. ALL RULES ADOPTED UNDER THE
APPLICABLE SECTIONS OF THAT CHAPTER ALSO APPLY TO THE ORGANIZATION.
A board, by adoption of an
appropriate resolution, may remove its emergency medical service organization
from the jurisdiction of the Ohio ambulance licensing board.
Sec. 307.055. (A) Subject to the terms and conditions of
the joint resolution creating it, each joint emergency medical
services district may furnish ambulance services and emergency
medical services by one of the following methods:
(1) By operating an emergency medical service organization
as defined in section 4765.01 of the Revised Code;
(2) By contracting for the operation of one or more
facilities pursuant to division (C) or (D) of this section;
(3) By providing necessary services and equipment to the
district either directly or under a contract entered into
pursuant to division (B) of this section;
(4) By providing service through any combination of
methods described in divisions (A)(1) to (3) of this section.
(B) In order to obtain ambulance service, to obtain
additional ambulance service in times of emergency, or to obtain
emergency medical services, a joint emergency medical services
district may enter into a contract, for a period not to exceed
three years, with one or more counties, townships, municipal
corporations, joint fire districts, other governmental units that
provide ambulance service or emergency medical services,
nonprofit corporations, or private ambulance owners, regardless
of whether the entities contracted with are located within or
outside the THIS state, upon such terms as are agreed to, to
furnish
or receive ambulance services or the interchange of ambulance
services or emergency medical services within the several
territories of the contracting subdivisions, if the contract is
first authorized by all boards of trustees and legislative
authorities in the territories to be served.
Such a contract may provide for a fixed annual charge to be
paid at the times agreed upon and stipulated in the contract; or
for compensation based on a stipulated price for each run, call,
or emergency or based on the elapsed time of service required for
each run, call, or emergency, or based on any combination of
these.
Expenditures of a district for ambulance service or
emergency medical service, whether pursuant to contract or
otherwise, are lawful expenditures, regardless of whether the
district or the party with which it contracts charges an
additional fee to users of the service.
(C) The board of trustees may enter into a contract with
any person, municipal corporation, township, or other political
subdivision, and any political subdivision may contract with the
board, for the operation and maintenance of emergency medical
services facilities regardless of whether the facilities used are
owned or leased by the district, by another political
subdivision, or by the contractor.
(D) The district may purchase, lease, and maintain all
materials, buildings, land, and equipment, including vehicles,
the board considers necessary for the district.
When the board finds, by resolution, that the district has personal property
that is not needed for public use, or is obsolete or unfit for the use for
which it was acquired, the board may dispose of the property in the same manner
as provided in section 307.12 of the Revised Code.
(E) Any contract entered into by a joint emergency medical
services district shall conform to the same bidding requirements
as THAT apply to county contracts under sections 307.86 to
307.92 of
the Revised Code.
(F) A county participating in a joint district may
contribute any of its rights or interests in real or personal
property, including money, and may contribute services to the
district. Any such contributions shall be made by a written
agreement between the contributing county and the district,
specifying the contribution as well as the rights of the
participating counties in the contributed property. Written
agreements shall also be prepared specifying the rights of
participating counties in property acquired by the district other
than by contribution of a participating county. Written
agreements required by this division may be amended only by
written agreement of all parties to the original agreement.
(G) A DISTRICT'S BOARD OF TRUSTEES, BY ADOPTION OF AN APPROPRIATE
RESOLUTION, MAY CHOOSE TO HAVE THE OHIO AMBULANCE LICENSING BOARD
LICENSE ANY EMERGENCY
MEDICAL SERVICE ORGANIZATION THE DISTRICT OPERATES. IF A BOARD ADOPTS SUCH A
RESOLUTION, CHAPTER 4766. of the Revised Code, EXCEPT FOR SECTIONS 4766.06 AND
4766.99 of the Revised Code, APPLIES
TO THE DISTRICT EMERGENCY
MEDICAL SERVICE ORGANIZATION. ALL RULES ADOPTED UNDER THE APPLICABLE SECTIONS
OF THAT CHAPTER ALSO APPLY TO THE ORGANIZATION.
A BOARD,
BY ADOPTION OF AN
APPROPRIATE RESOLUTION, MAY REMOVE THE DISTRICT EMERGENCY MEDICAL SERVICE
ORGANIZATION FROM THE JURISDICTION OF THE OHIO AMBULANCE LICENSING
BOARD.
Sec. 505.37. (A) The board of township trustees may
establish all necessary rules to guard against the occurrence of
fires and to protect the property and lives of the citizens
against damage and accidents, and may, with the approval of the
specifications by the prosecuting attorney, purchase or otherwise
provide any fire apparatus, mechanical resuscitators, or other
equipment, appliances, materials, fire hydrants, and water supply
for fire-fighting purposes that seems advisable to the board.
The board shall provide for the care and maintenance of fire
equipment, and, for such purposes, may purchase, lease, or
construct and maintain necessary buildings, and it may establish
and maintain lines of fire-alarm communications within the limits
of the township. The board may employ one or more persons to
maintain and operate fire-fighting equipment, or it may enter
into an agreement with a volunteer fire company for the use and
operation of fire-fighting equipment. The board may compensate
the members of a volunteer fire company on any basis and in any
amount that it considers equitable.
(B) The boards of township trustees of any two or more
townships, or the legislative authorities of any two or more
political subdivisions, or any combination thereof, may, through
joint action, unite in the joint purchase, maintenance, use, and
operation of fire-fighting equipment, or for any other purpose
designated in sections 505.37 to 505.42 of the Revised Code, and
may prorate the expense of the joint action on any terms that are
mutually agreed upon.
(C) The board of township trustees of any township may, by
resolution, whenever it is expedient and necessary to guard
against the occurrence of fires or to protect the property and
lives of the citizens against damages resulting from their
occurrence, create a fire district of any portions of the
township that it considers necessary. The board may purchase or
otherwise provide any fire apparatus, appliances, materials, fire
hydrants, and water supply for fire-fighting purposes, or may
contract for the fire protection for the fire district as
provided in section 9.60 of the Revised Code. The fire district
so created shall be given a separate name by which it shall be
known.
Additional unincorporated territory of the township may be
added to a fire district upon the board's adoption of a
resolution authorizing the addition. A municipal corporation
that is within or adjoining the township may be added to a fire
district upon the board's adoption of a resolution authorizing
the addition and the municipal legislative authority's adoption
of a resolution or ordinance requesting the addition of the
municipal corporation to the fire district.
If the township fire district imposes a tax, additional
unincorporated territory of the township or a municipal
corporation that is within or adjoining the township shall become
part of the fire district only after all of the following have
occurred:
(1) Adoption by the board of township trustees of a
resolution approving the expansion of the territorial limits of
the district and, if the resolution proposes to add a municipal
corporation, adoption by the municipal legislative authority of a
resolution or ordinance requesting the addition of the municipal
corporation to the district;
(2) Adoption by the board of township trustees of a
resolution recommending the extension of the tax to the
additional territory;
(3) Approval of the tax by the electors of the territory
proposed for addition to the district.
Each resolution of the board adopted under division (C)(2)
of this section shall state the name of the fire district, a
description of the territory to be added, and the rate and
termination date of the tax, which shall be the rate and
termination date of the tax currently in effect in the fire
district.
The board of trustees shall certify each resolution adopted
under division (C)(2) of this section to the board of elections
in accordance with section 5705.19 of the Revised Code. The
election required under division (C)(3) of this section shall be
held, canvassed, and certified in the manner provided for the
submission of tax levies under section 5705.25 of the Revised
Code, except that the question appearing on the ballot shall
read:
"Shall the territory within ........................
(description of the proposed territory to be added)
be added to ..................................... fire district,
(name)
and a property tax at a rate of taxation not exceeding ......
(here insert tax rate) be in effect for .......... (here insert
the number of years the tax is to be in effect or "a continuing
period of time," as applicable)?"
If the question is approved by at least a majority of the
electors voting on it, the joinder shall be effective as of the
first day of July of the year following approval, and on that
date, the township fire district tax shall be extended to the
taxable property within the territory that has been added. If
the territory that has been added is a municipal corporation and
if it had adopted a tax levy for fire purposes, the levy is
terminated on the effective date of the joinder.
Any municipal corporation may withdraw from a township fire
district created under division (C) of this section by the
adoption by the municipal legislative authority of a resolution
or ordinance ordering withdrawal. On the first day of July of
the year following the adoption of the resolution or ordinance of
withdrawal, the municipal corporation withdrawing ceases to be a
part of such district and the power of the fire district to levy
a tax upon taxable property in the withdrawing municipal
corporation terminates, except that the fire district shall
continue to levy and collect taxes for the payment of
indebtedness within the territory of the fire district as it was
composed at the time the indebtedness was incurred.
Upon the withdrawal of any municipal corporation from a
township fire district created under division (C) of this
section, the county auditor shall ascertain, apportion, and order
a division of the funds on hand, moneys and taxes in the process
of collection except for taxes levied for the payment of
indebtedness, credits, and real and personal property, either in
money or in kind, on the basis of the valuation of the respective
tax duplicates of the withdrawing municipal corporation and the
remaining territory of the fire district.
A board of township trustees may remove unincorporated
territory of the township from the fire district upon the
adoption of a resolution authorizing the removal. On the first
day of July of the year following the adoption of such a
resolution, the unincorporated township territory described in
the resolution ceases to be a part of such district and the power
of the fire district to levy a tax upon taxable property in that
territory terminates, except that the fire district shall
continue to levy and collect taxes for the payment of
indebtedness within the territory of the fire district as it was
composed at the time the indebtedness was incurred.
(D) The board of township trustees of any township, the
board of fire district trustees of a fire district created under
section 505.371 of the Revised Code, or the legislative authority
of any municipal corporation may purchase the necessary
fire-fighting equipment, buildings, and sites for the township,
fire district, or municipal corporation and pay for it over a
period of nine years. The board of township trustees, board of
fire district trustees, or legislative authority may also
construct any buildings necessary to house fire-fighting
equipment and pay for the buildings over a period of nine years.
The board of township trustees, board of fire district trustees,
or legislative authority may issue the notes of the township,
fire district, or municipal corporation, signed by the board or
designated officer of the municipal corporation and attested by
the signature of the township, fire district, or municipal clerk,
covering such deferred payments and payable at the times
provided, which notes shall bear interest not to exceed the rate
determined as provided in section 9.95 of the Revised Code, and
shall not be subject to Chapter 133. of the Revised Code. The
legislation authorizing the issuance of the notes shall provide
for levying and collecting annually by taxation, amounts
sufficient to pay the interest on and principal of the notes. At
least one-ninth of the purchase price or construction cost shall
be paid in cash at the time of purchase as provided in the
contract and the remainder of the purchase price or construction
cost shall be paid in not more than eight equal annual
installments. Each installment shall be not less than one-eighth
of the deferred portion of the purchase price or construction
cost and shall be secured by a note which may contain a clause
permitting prepayment at the option of the board or legislative
authority. The notes shall be offered for sale on the open
market or given to the vendor or contractor if no sale is made.
(E) A board of township trustees of any township or a
board of fire district trustees of a fire district created under
section 505.371 of the Revised Code may purchase a policy or
policies of liability insurance for the officers, employees, and
appointees of the fire department, fire district, or joint fire
district governed by the board that includes personal injury
liability coverage as to the civil liability of such officers,
employees, and appointees for false arrest, detention, or
imprisonment, malicious prosecution, libel, slander, defamation
or other violation of the right of privacy, wrongful entry or
eviction, or other invasion of the right of private occupancy,
arising out of the performance of their duties.
When a board of township trustees cannot, by deed of gift
or by purchase and upon terms it considers reasonable, procure
land for a township fire station that is needed in order to
respond in reasonable time to a fire or medical emergency, the
board may appropriate such land for that purpose under sections
163.01 to 163.22 of the Revised Code. If it is necessary to
acquire additional adjacent land for enlarging or improving the
fire station, the board may purchase, appropriate, or accept a
deed of gift for the land for these purposes.
(F) As used in this division, "emergency medical service
organization" has the same meaning as in section 4766.01 of the
Revised Code.
A board of township trustees, by adoption of an appropriate
resolution, may choose to have the Ohio ambulance licensing board
license any emergency medical service it operates. If the board
adopts such a resolution, CHAPTER 4766. of the Revised Code, EXCEPT FOR
sections 4766.01 to 4766.05 4766.06 and 4766.07
to 4766.12 4766.99 of the Revised Code and all rules adopted
under those
sections are applicable, APPLIES to the organization.
ALL RULES ADOPTED UNDER THE APPLICABLE SECTIONS OF THAT CHAPTER ALSO APPLY
TO THE ORGANIZATION. A board of township
trustees, by adoption of an appropriate resolution, may remove
its emergency medical service organization from the jurisdiction
of the Ohio ambulance licensing board.
Sec. 505.375. (A) The board of a joint
ambulance district created under section 505.71 of the
Revised Code
and the board of a joint fire district created under section 505.371 of the
Revised Code
may negotiate in accordance with this section to combine their two joint
districts into a single district, called a fire and ambulance
district, for the delivery of both fire and ambulance services, if the
geographic area covered by the combining joint districts is exactly the same.
Both boards shall adopt a joint resolution ratifying the
agreement and setting a date on which the fire and ambulance district shall
come into being. On that date, the joint fire district and the joint
ambulance district shall cease to exist and the power of each to levy a tax
upon taxable property shall terminate, except that any levy of a tax
for the payment of indebtedness within the territory of the joint fire or
joint ambulance district as it
was composed at the time the indebtedness was incurred shall continue to be
collected by the successor fire and ambulance district if the
indebtedness remains unpaid.
All funds and other property of the joint districts that combined into
the fire and ambulance district shall become the property of the fire
and ambulance district, unless otherwise provided in the negotiated
agreement. The agreement shall provide for the settlement of all debts and
obligations of the joint districts.
(B) The governing body of the fire and
ambulance district shall be a board of trustees of
at least three but no more than nine members, appointed as
provided in the agreement creating the district. Members of the board of
trustees may be compensated at a rate not to exceed thirty dollars per meeting
for not more than fifteen meetings per year, and may be reimbursed for all
necessary expenses incurred as provided in the agreement creating the
district.
The board shall employ a clerk and such other employees as it considers
best, including a fire chief or fire prevention officers,
and shall fix their compensation. Before entering upon the duties of
office, the clerk shall execute a bond, in the amount and with surety to be
approved
by the board, payable to the state, conditioned for the faithful
performance of all of the clerk's official duties. The clerk shall deposit
the bond with the presiding officer of the board, who shall file a copy of it,
certified by the presiding officer, with the county auditor of the county
containing the most territory in the district.
The board shall also provide for the appointment of a fiscal officer for
the district. The board may also enter into agreements with volunteer fire
companies for the use and operation of fire-fighting equipment. Volunteer
fire fighters FIREFIGHTERS acting under such an agreement are
subject to the requirements
for volunteer fire fighters FIREFIGHTERS set forth in division
(A) of section 505.38 of the Revised Code.
Employees of the district shall not be removed from office except as
provided by sections 733.35 to 733.39 of the
Revised Code, except that to initiate removal proceedings,
the board shall designate a private citizen,
or if the employee is employed as a fire fighter FIREFIGHTER the
board may designate the fire chief to investigate, conduct the proceedings,
and prepare the necessary
charges in conformity with sections 733.35 to 733.39 of the
Revised Code, and except that the board shall perform the
functions and duties specified for the municipal legislative authority under
those sections. The board may pay reasonable compensation to any private
citizen hired for
services rendered in the matter.
No person shall be appointed as a permanent full-time paid member of the
district whose duties include fire fighting, or be appointed as a
volunteer fire fighter FIREFIGHTER, unless that person has
received a certificate issued
under former section 3303.07 or section 4765.55 of the Revised Code
evidencing satisfactory completion of a fire fighter FIREFIGHTER
training program. The
board may send its officers and fire fighters FIREFIGHTERS to
schools of instruction
designed to promote the efficiency of fire fighters
FIREFIGHTERS, and, if authorized in
advance, may pay their necessary expenses from the funds used for the
maintenance and operation of the district.
The board may choose, by adoption of an appropriate resolution, to have the
Ohio ambulance licensing
board license any emergency medical service organization it operates. If the
board adopts such a resolution, CHAPTER 4766. of the Revised Code, EXCEPT FOR
sections 4766.01 to 4766.05 4766.06 and 4766.07 to
4766.12 4766.99 of the Revised Code and all rules adopted
under those
sections are applicable, APPLIES to the organization.
ALL RULES ADOPTED UNDER THE APPLICABLE SECTIONS OF THAT CHAPTER ALSO APPLY
TO THE ORGANIZATION. The board may likewise, by
resolution, remove its emergency medical service organization from the
jurisdiction of the Ohio ambulance licensing
board.
(C) The board may exercise the following powers:
(1) Purchase or otherwise provide any fire apparatus, mechanical
resuscitators, or other fire or ambulance equipment, appliances, or materials;
fire hydrants; and water supply for fire-fighting purposes that seems
advisable to the board;
(2) Provide for the care and maintenance of equipment and, for that
purpose, purchase, lease, or construct and maintain necessary buildings;
(3) Establish and maintain lines of fire-alarm communications within the
limits of the district;
(4) Appropriate land for a fire station or medical emergency unit needed
in order to respond in reasonable time to a fire or medical emergency, in
accordance with Chapter 163. of the Revised Code;
(5) Purchase, appropriate, or accept a deed or gift of land to enlarge
or improve a fire station or medical emergency unit;
(6) Purchase, lease, maintain, and use all materials, equipment,
vehicles, buildings, and land necessary to perform its duties;
(7) Contract for a period not to exceed three years with one or more
townships, municipal corporations, counties, joint fire districts,
governmental
agencies, nonprofit corporations, or private ambulance owners located either
within or outside the state, to furnish or receive
ambulance services or emergency medical services within the several
territories
of the contracting parties, if the contract is first authorized by all boards
of trustees and legislative authorities concerned;
(8) Establish all necessary rules to guard against the occurrence of
fires and to protect property and lives against damage and
accidents;
(9) Adopt a standard code pertaining to fire, fire hazards, and fire
prevention prepared and promulgated by the state or by a public or private
organization that publishes a model or standard code;
(10) Provide for charges for false alarms at commercial establishments
in the same manner as joint fire districts are authorized to do under section
505.391 of the Revised Code;
(11) Issue bonds and other evidences of indebtedness, subject to
Chapter 133. of the Revised Code, but only after approval by a vote of the
electors of the district as provided by section 133.18 of the Revised Code;
(12) To provide the services and equipment it considers necessary, levy
a sufficient tax, subject to Chapter 5705. of
the Revised Code, on all the taxable property in the district.
(D) Any municipal corporation or
township may join an existing fire and ambulance district by its legislative
authority's adoption
of a resolution
requesting such membership and upon approval of the board of the district.
Any municipal corporation or township may withdraw from a district by its
legislative authority's adoption
of a resolution ordering withdrawal. Upon its withdrawal, the municipal
corporation or township
ceases to be a part of the district and the district's power to levy a tax on
taxable property in the withdrawing township or municipal
corporation terminates, except that the district shall continue to levy and
collect taxes for the payment of indebtedness within the territory of the
district as it was composed at the time the indebtedness was incurred.
Upon the withdrawal of any township or municipal corporation from a
district, the county auditor of the county containing the most territory in
the district shall ascertain, apportion, and order a division of the funds on
hand, moneys and taxes in the process of collection except for taxes levied
for the
payment of indebtedness, credits, and real and personal property on the basis
of the valuation of the respective tax duplicates of the withdrawing municipal
corporation or township and the remaining territory of the district.
(E) As used in this section:
(1) "Governmental agency" includes all departments, boards, offices,
commissions, agencies, colleges, universities, institutions, and other
instrumentalities of this or another state.
(2) "Emergency medical service organization" has the same meaning as in
section 4766.01 of the Revised
Code.
Sec. 505.44. As used in this section:
(A) "Emergency medical service organization" has the same
meaning as in section 4765.01 of the Revised Code.
(B) "State agency" means all departments, boards, offices,
commissions, agencies, colleges, universities, institutions, and
other instrumentalities of this or another state.
In order to obtain the services of ambulance service
organizations, to obtain additional services from ambulance
service organizations in times of emergency, to obtain the
services of emergency medical service organizations, or, if the
township is located in a county with a population of forty
thousand or less, to obtain the services of nonemergency patient
transport service organizations, a township may
enter into a contract with one or more
state agencies, townships, municipal corporations, counties,
nonprofit corporations, joint emergency medical services
districts, fire and ambulance districts, or private
ambulance owners, regardless
of whether such state agencies, townships, municipal
corporations, counties, nonprofit corporations, joint emergency
medical services districts, fire and ambulance districts, or private
ambulance owners are located within or outside the state, upon
such terms as are agreed to by them, to furnish or receive
services from ambulance or emergency medical service
organizations or, if the township is located in a county with a
population of forty thousand or less, to furnish or receive
services from nonemergency patient transport
service organizations, or may enter into a
contract for the interchange of services from ambulance or
emergency medical
service organizations or, if the township is
located in a county with a population of forty thousand or less,
the interchange of services from nonemergency patient transport
service organizations, within the several
territories of the contracting parties, if the
contract is first authorized by the respective boards of township
trustees, the other legislative bodies, or the officer or body
authorized to contract on behalf of the state agency. Such
contracts shall not be entered into with a state agency or
nonprofit corporation that receives more than half of its
operating funds from governmental entities with the intention of
directly competing with the operation of other ambulance,
emergency medical,
or nonemergency patient transport service organizations
in the township unless
the state agency or nonprofit corporation is awarded the contract
after submitting the lowest and best bid to the board of township
trustees.
The contract may provide for a fixed annual charge to be
paid at the times agreed upon and stipulated in the contract, or
for compensation based upon a stipulated price for each run,
call, or emergency, or the elapsed time of service required in
such run, call, or emergency, or any combination thereof.
Any township wishing to commence providing or wishing to
enter into a contract for the first time to furnish or obtain
services from nonemergency patient transport
service organizations on or after March 1,
1993, including a township in which a private provider has been
providing the service, shall demonstrate the need for public
funding for the service to, and obtain approval from, the Ohio STATE
BOARD OF
emergency medical services board or its immediate successor board
prior to the establishment of a township-operated or
township-funded service.
Sec. 505.72. (A) The board of trustees of a joint
ambulance district shall provide for the employment of such
employees as it considers best, and shall fix their compensation.
Such employees shall continue in office until removed as provided
by sections 733.35 to 733.39 of the Revised Code. To initiate
removal proceedings, and for such purpose, the board shall
designate a private citizen to investigate the conduct and
prepare the necessary charges in conformity with sections 733.35
to 733.39 of the Revised Code. The board may pay reasonable
compensation to such person for his THE PERSON'S services.
In case of the removal of an employee of the district, an
appeal may be had from the decision of the board to the court of
common pleas of the county in which such district, or part of it,
is situated, to determine the sufficiency of the cause of
removal. Such appeal from the findings of the board shall be
taken within ten days.
(B) As used in this division, "emergency medical service
organization" has the same meaning as in section 4765.01 of the
Revised Code.
(1) In order to obtain the services of ambulance service
organizations, to obtain additional services from ambulance
service organizations in times of emergency, or to obtain the
services of emergency medical service organizations, a district
may enter into a contract, for a period not to exceed three
years, with one or more townships, municipal corporations, joint
fire districts, nonprofit corporations, any other governmental
unit that provides ambulance services or emergency medical
services, or with private ambulance owners, regardless of whether
such townships, municipal corporations, joint fire districts,
nonprofit corporations, governmental unit, or private ambulance
owners are located within or without the THIS state, upon such
terms
as are agreed to, to furnish or receive services from ambulance
or emergency medical service organizations or the interchange of
services from ambulance or emergency medical service
organizations within the several territories of the contracting
subdivisions, if such contract is first authorized by all boards
of trustees and legislative authorities concerned.
The contract may provide for a fixed annual charge to be
paid at the times agreed upon and stipulated in the contract, or
for compensation based upon a stipulated price for each run,
call, or emergency, or the elapsed time of service required in
such run, call, or emergency, or any combination thereof.
(2) Expenditures of a district for the services of ambulance
service organizations or emergency medical service organizations,
whether pursuant to contract or otherwise, are lawful
expenditures, regardless of whether the district or the party
with which it contracts charges additional fees to users of the
services.
(3) A DISTRICT'S BOARD OF TRUSTEES, BY ADOPTION OF AN APPROPRIATE
RESOLUTION, MAY CHOOSE TO HAVE THE OHIO AMBULANCE LICENSING BOARD
LICENSE ANY EMERGENCY
MEDICAL SERVICE ORGANIZATION THE DISTRICT OPERATES. IF A BOARD ADOPTS SUCH A
RESOLUTION, CHAPTER 4766. of the Revised Code, EXCEPT FOR SECTIONS 4766.06 AND
4766.99 of the Revised Code, APPLIES
TO THE DISTRICT EMERGENCY
MEDICAL SERVICE ORGANIZATION. ALL RULES ADOPTED UNDER THE APPLICABLE SECTIONS
OF THAT CHAPTER ALSO APPLY TO THE ORGANIZATION. A BOARD, BY ADOPTION OF AN
APPROPRIATE RESOLUTION, MAY REMOVE THE DISTRICT EMERGENCY MEDICAL SERVICE
ORGANIZATION FROM THE JURISDICTION OF THE OHIO AMBULANCE LICENSING
BOARD.
(C) Ambulance services or emergency medical services rendered
for a joint ambulance district under this section and section
505.71 of the Revised Code shall be deemed services of the
district. These sections do not authorize suits against a
district or any township or municipal corporation providing or
receiving, or contracting to provide or receive, such services
under these sections for damages for injury or loss to persons or
property or for wrongful death caused by persons providing such
services.
Sec. 2909.01. As used in sections 2909.01 to 2909.07 of
the Revised Code:
(A) To "create a substantial risk of serious physical harm
to any person" includes the creation of a substantial risk of
serious physical harm to any emergency personnel.
(B) "Emergency personnel" means any of the following
persons:
(1) A peace officer, as defined in section 2935.01 of the
Revised Code;
(2) A member of a fire department or other firefighting
agency of a municipal corporation, township, township fire
district, joint fire district, other political subdivision, or
combination of political subdivisions;
(3) A member of a private fire company, as defined in
section 9.60 of the Revised Code, or a volunteer firefighter;
(4) A member of a joint ambulance district OR JOINT EMERGENCY MEDICAL
SERVICES DISTRICT;
(5) An emergency medical technician-basic, emergency medical
technician-intermediate, emergency medical technician-paramedic, ambulance
operator, or other member of an emergency medical service that is owned or
operated by a political subdivision or a private entity;
(6) The state fire marshal, an assistant state marshal, or
an arson investigator of the office of the state fire marshal;
(7) A fire prevention officer of a political subdivision
or an arson investigator or similar inspector of a political
subdivision.
(C) "Occupied structure" means any house, building,
outbuilding, watercraft, aircraft, railroad car, truck, trailer,
tent, or other structure, vehicle, or shelter, or any portion
thereof, to which any of the following applies:
(1) It is maintained as a permanent or temporary dwelling,
even though it is temporarily unoccupied and whether or not any
person is actually present.
(2) At the time, it is occupied as the permanent or
temporary habitation of any person, whether or not any person is
actually present.
(3) At the time, it is specially adapted for the overnight
accommodation of any person, whether or not any person is
actually present.
(4) At the time, any person is present or likely to be
present in it.
(D) "Political subdivision" and "state" have the same
meanings as in section 2744.01 of the Revised Code.
Sec. 4503.49. (A) Any
AS USED IN THIS SECTION, "AMBULANCE," "EMERGENCY MEDICAL SERVICE
ORGANIZATION," AND "NONTRANSPORT VEHICLE" HAVE THE SAME MEANINGS AS IN SECTION
4766.01 of the Revised Code.
(B) EACH private emergency medical service
organization as defined in section 4766.01 of the Revised Code
may SHALL apply to the registrar of motor vehicles for the registration
of any ambulance or nontransport vehicle it owns OR LEASES. The
application shall be accompanied by A COPY OF the vehicle permit or
temporary permit CERTIFICATE OF LICENSURE issued TO THE
ORGANIZATION by the Ohio ambulance licensing board to
the service for the vehicle.
(B) Upon receipt of an application for the registration of
a vehicle under this section and the vehicle permit or temporary
permit, the registrar shall issue to the service appropriate
vehicle registration and a set of license plates and a validation
sticker, or a validation sticker alone when required by section
4503.191 of the Revised Code. In addition to the letters and
numbers ordinarily inscribed thereon, the license plates shall be
inscribed with the words "EMS VEHICLE." The license plates and
validation sticker shall be issued upon payment of AND the FOLLOWING
FEES:
(1) THE regular
license fees TAX as prescribed under section 4503.04 of the Revised
Code and any;
(2) ANY local license tax levied under Chapter 4504. of the
Revised Code, and upon the payment of an;
(3) AN additional fee of seven
dollars and fifty cents for issuance under this section. The
ADDITIONAL fee
shall be for the purpose of compensating the bureau of motor
vehicles for additional services required in the issuing of such
licenses TO BE PERFORMED UNDER THIS SECTION and shall be
transmitted by the registrar to the
treasurer of state for deposit in the state bureau of motor vehicles fund
created
by section 4501.25 of the Revised Code.
(C) ON RECEIPT OF A COMPLETE APPLICATION, THE REGISTRAR SHALL
ISSUE TO THE APPLICANT THE APPROPRIATE CERTIFICATE OF REGISTRATION FOR THE
VEHICLE AND DO ONE OF THE FOLLOWING:
(1) ISSUE A SET OF LICENSE PLATES WITH A VALIDATION STICKER AND A SET OF
STICKERS TO BE ATTACHED TO THE PLATES AS AN IDENTIFICATION OF THE VEHICLE'S
CLASSIFICATION AS AN AMBULANCE OR NONTRANSPORT VEHICLE;
(2) ISSUE A VALIDATION STICKER ALONE WHEN SO REQUIRED BY SECTION 4503.191
of the Revised Code.
Sec. 4765.09. The state board of emergency medical
services shall prepare recommendations for the operation of
ambulance service organizations and emergency medical service
organizations. Within thirty days following each meeting of the
board, the board shall notify any THE board of county
commissioners OF ANY COUNTY,
THE board of township trustees OF ANY TOWNSHIP, or
THE board of trustees of a ANY joint
ambulance district, OR THE BOARD OF TRUSTEES OF ANY JOINT EMERGENCY
MEDICAL SERVICES DISTRICT in which there exist ambulance service
organizations or emergency medical service organizations of any
board recommendations for the operation of such organizations.
The recommendations shall include, but not be limited to:
(A) The definition and classification of ambulances;
(B) The design, equipment, and supplies for ambulances;
(C) The minimum number and type of personnel for the
operation of ambulances;
(D) The communication systems necessary for the operation
of ambulances;
(E) Reports to be made by persons holding certificates of
accreditation or approval issued under section 4765.17 of the
Revised Code and certificates to practice issued under section
4765.30 of the Revised Code to ascertain compliance with this
chapter and the rules and recommendations adopted thereunder and
to ascertain the quantity and quality of ambulance service
organizations and emergency medical service organizations
throughout the state.
Sec. 4765.10. (A) The state board of emergency medical
services shall do all of the following:
(1) Administer and enforce the provisions of this chapter
and the rules adopted under it;
(2) Approve, in accordance with procedures established in
rules adopted under section 4765.11 of the Revised Code,
examinations that demonstrate competence to have a certificate to
practice renewed without completing a continuing education
program;
(3) Advise applicants for state or federal emergency
medical services funds, review and comment on applications for
these funds, and approve the use of all state and federal funds
designated solely for emergency medical service programs unless
federal law requires another state agency to approve the use of
all such federal funds;
(4) Serve as a statewide clearinghouse for discussion,
inquiry, and complaints concerning emergency medical services;
(5) Make recommendations to the general assembly on
legislation to improve the delivery of emergency medical
services;
(6) Maintain a toll-free long distance telephone number
through which it shall respond to questions about emergency
medical services;
(7) Work with the office of state fire marshal MARSHAL'S
OFFICE in
coordinating the training of fire fighters FIREFIGHTERS and
emergency medical
services personnel when possible. The office of state fire
marshal shall cooperate with the board to achieve this goal.
(8) Provide a liaison to the state emergency operation
center during those periods when a disaster, as defined in section 5502.21 of
the Revised Code, has occurred in this state and the governor has declared an
emergency as defined in that section;.
(B) The board may do any of the following:
(1) Investigate complaints concerning emergency medical
services and emergency medical service organizations as it
determines necessary;
(2) Enter into reciprocal agreements with other states
that have standards for accreditation of emergency medical
services training programs and for certification of EMT-As
first responders, EMTs-basic, EMTs-I,
or paramedics, FIREFIGHTERS, OR FIRE SAFETY INSPECTORS
that are substantially
similar to those established under this chapter and the rules adopted under
it;
(3) Establish a statewide public information system and
public education programs regarding emergency medical services;
(4) Establish an injury prevention program.
(C) In accordance with rules adopted under section 4765.11
of the Revised Code, the board shall maintain the confidentiality
of any information it collects or receives under this chapter
that would identify a specific patient or recipient of emergency
medical services or trauma care, except as otherwise provided in
section 149.43 of the Revised Code. In any report prepared by
the board, information regarding patients or recipients of
emergency medical services or trauma care shall be presented only
in aggregate statistical form.
Sec. 4765.37. (A) An emergency medical
technician-basic shall perform the
emergency medical services
described in this section in accordance with this chapter and any
rules adopted under it BY THE STATE BOARD OF EMERGENCY MEDICAL
SERVICES.
(B) An emergency medical
technician-basic may operate,
or be responsible for operation of, an ambulance and may provide
emergency medical services to patients. In an emergency, an
EMT-basic may determine the nature and
extent of illness or injury
and establish priority for required emergency medical services.
An EMT-basic may render emergency
medical services such as opening
and maintaining an airway, giving positive pressure ventilation,
cardiac resuscitation, electrical interventions with automated
defibrillators to support or correct the cardiac function and
other methods determined by the board, controlling of hemorrhage,
treatment of shock, immobilization of fractures, bandaging,
assisting in childbirth, management of mentally disturbed
patients, and initial care of poison and burn patients. Where
patients must in an emergency be extricated from entrapment, an
EMT-basic may assess the extent of
injury and render all possible
emergency medical services and protection to the entrapped
patient; provide light rescue services if an ambulance has not
been accompanied by a specialized unit; and after extrication,
provide additional care in sorting of the injured in accordance
with standard emergency procedures.
(C) An EMT-basic may perform any other
emergency medical
services approved pursuant to rules adopted under section 4765.11
of the Revised Code. The board shall determine whether the
nature of any such service requires that an
EMT-basic receive
authorization prior to performing the service.
(D)(1) Except as provided in division (D)(2) of this
section, if the board determines under division (C) of this
section that a service requires prior authorization, the service
shall be performed only pursuant to the written or verbal
authorization of a physician or of the cooperating physician
advisory board, or pursuant to an authorization transmitted
through a direct communication device by a physician or
registered nurse designated by a physician.
(2) If communications fail during an emergency situation
or the required response time prohibits communication, an
EMT-basic
may perform services subject to this division, if, in the
judgment of the EMT-basic, the life of the patient is in
immediate danger. Services performed under these circumstances shall be
performed
in accordance with the written protocols established under
section 4765.40 of the Revised Code by the emergency medical
service organization with which the
EMT-basic is affiliated.
Sec. 4765.56. On receipt of a notice pursuant to section
2301.373 of the Revised Code, the STATE BOARD OF emergency medical
services board shall
comply with that section with respect to a certificate to practice issued
pursuant to this chapter.
Sec. 4766.01. As used in this chapter:
(A) "Advanced life support" means treatment described in
section 4765.39 of the Revised Code that a paramedic is certified
to perform.
(B) "Ambulance" means any privately owned or leased motor
vehicle that is specifically designed, constructed, or modified
and equipped and is intended to be used for the transportation
upon the streets or highways of this state of persons who are
seriously ill, injured, wounded, or otherwise incapacitated or
helpless. "Ambulance" does not include a vehicle designed and
used solely for the transportation of nonstretcher-bound,
hospitalized, or handicapped persons, whether HOSPITALIZED OR
HANDICAPPED OR WHETHER ambulatory or
confined to a wheelchair.
(C) "Basic life support" means treatment described in
section 4765.37 of the Revised Code that an
EMT-basic is certified to
perform.
(D) "Disaster situation" means any condition or situation
described by rule of the Ohio ambulance licensing board as a mass
casualty, major emergency, natural disaster, or national
emergency.
(E) "Emergency medical service organization" means an
organization that uses EMTs-basic,
EMTs-I, or
paramedics, or a
combination thereof, to provide medical care to victims of
illness or injury. An emergency medical service organization
includes, but is not limited to, a commercial ambulance service
organization, a hospital, and a funeral home. It does not
include any private, nonprofit organization when fifty per cent
or more of its total personnel are volunteer personnel, as
defined in division (M) of this section, or a volunteer fire
department, volunteer rescue squad, or volunteer life squad.
(F) "EMT-basic," "EMT-I," and "paramedic" have the same
meanings as in section 4765.01 of the Revised Code.
(G) "Intermediate life support" means treatment described
in section 4765.38 of the Revised Code that an EMT-I is
certified to perform.
(H) "Major emergency" means any emergency event that
cannot be resolved through the use of locally available emergency
resources.
(I) "Mass casualty" means an emergency event that results
in ten or more persons being injured, incapacitated, made ill, or
killed.
(J) "Medical emergency" means an unforeseen event
affecting an individual in such a manner that a need for
immediate care is created.
(K) "Mobile intensive care unit" means an
ambulance used only for
maintaining specialized or intensive care treatment and used primarily for
interhospital transports.
(L) "Nontransport vehicle" means a motor vehicle, other
than a motor vehicle titled in the name of a volunteer rescue
service organization as defined in section 4503.172 of the
Revised Code, owned or leased and operated to provide advanced,
intermediate, or basic life support services in conjunction with
any motor vehicle, that is not for the transportation of persons
who are seriously ill, injured, wounded, or otherwise
incapacitated or helpless, operating under the authority of a
person licensed under this chapter OPERATED BY A LICENSED EMERGENCY
MEDICAL
SERVICE ORGANIZATION NOT AS AN AMBULANCE, BUT AS A VEHICLE FOR PROVIDING
SERVICES IN CONJUNCTION WITH THE AMBULANCES OPERATED BY THE ORGANIZATION OR
OTHER EMERGENCY MEDICAL SERVICE ORGANIZATIONS.
(M) "Patient" means any individual who as a result of
illness or injury needs medical attention, whose physical or
mental condition is such that there is imminent danger of
loss of
life or significant health impairment, or who may be otherwise
incapacitated or helpless as a result of a physical or mental
condition.
(N) "Volunteer personnel" means persons who provide
services without expectation of remuneration and who do not
receive payment for services rendered other than reimbursement
for expenses.
Sec. 4766.03. (A) The Ohio ambulance licensing board
shall adopt rules, pursuant to IN ACCORDANCE WITH Chapter 119.
of the Revised Code,
implementing the requirements of this chapter. The rules shall
include, but not be limited to, provisions relating to THE
FOLLOWING:
(1) Ambulances, equipment, REQUIREMENTS FOR AN EMERGENCY MEDICAL
SERVICE ORGANIZATION TO RECEIVE A PERMIT FOR AN
AMBULANCE OR nontransport vehicles,
personnel, and communications equipment requirements for
licensees VEHICLE;
(2) Licensure requirements for REQUIREMENTS FOR AN EMERGENCY
MEDICAL SERVICE ORGANIZATION TO RECEIVE A LICENSE AS
A basic life-support,
intermediate life-support, and OR advanced life-support
service
organizations ORGANIZATION;
(3) Forms for applications and renewals of licenses and
permits;
(4) Requirements for record keeping of service responses
made by licensees and permit holders LICENSED EMERGENCY MEDICAL
SERVICE ORGANIZATIONS;
(5) Fee amounts for licenses and permits, and renewals
thereof;
(6) Inspection requirements for licensees' vehicles,
records, and physical facilities;
(7) Fee amounts for inspections of ambulances and
nontransport vehicles;
(8) REQUIREMENTS FOR AMBULANCES AND NONTRANSPORT VEHICLES USED BY LICENSED
EMERGENCY MEDICAL SERVICE ORGANIZATIONS THAT SPECIFY FOR EACH TYPE OF VEHICLE
THE TYPES OF EQUIPMENT THAT MUST BE CARRIED, THE COMMUNICATION SYSTEMS THAT
MUST BE MAINTAINED, AND THE PERSONNEL WHO MUST STAFF THE VEHICLE;
(9) THE LEVEL OF CARE EACH TYPE OF EMERGENCY MEDICAL SERVICE
ORGANIZATION IS AUTHORIZED TO PROVIDE;
(10) Any other rules that the board determines necessary
for the implementation and enforcement of this chapter.
(B) All rules adopted pursuant to this section shall, at a
minimum, comply with the requirements specified in the
"GAC
Service Specifications and Technical Handbook," OH-1822,
as
amended. The board shall adopt rules that require each existing
vehicle ordered, delivered, or in use prior to July 2, 1990, to
meet the requirements specified in the "GAC Service
Specifications and Technical Handbook," OH-1822, as
amended, that
was in effect at the time of the vehicle's manufacture. Any
rules adopted under this section that pertain to vehicle
standards specified in the handbook shall not take effect until
July 2, 1995 IN THE RULES FOR AMBULANCES AND NONTRANSPORT VEHICLES
ADOPTED UNDER DIVISION (A)(8) OF THIS SECTION, THE BOARD MAY
ESTABLISH REQUIREMENTS THAT VARY ACCORDING TO WHETHER THE EMERGENCY MEDICAL
SERVICE ORGANIZATION USING THE VEHICLES IS LICENSED AS A BASIC, INTERMEDIATE,
OR ADVANCED LIFE-SUPPORT ORGANIZATION.
(C) A mobile intensive care unit that meets the
requirements of the rules adopted under this section is not required to carry
immobilization equipment, including board
splint kits, traction splints, backboards, backboard straps,
cervical immobilization devices, cervical collars, stairchairs,
folding cots, or other types of immobilization equipment
determined by the board to be unnecessary for mobile intensive care units.
A mobile intensive care unit is exempt from the
emergency medical technician staffing requirements of division (B) of
section 4765.43 of the Revised Code when it is staffed
by at least one physician or registered nurse and another person,
designated by a physician, who holds a valid license or
certificate to practice in a health care profession, and when at
least one of the persons staffing the mobile intensive care unit
is a registered nurse whose training meets or exceeds the
training required for a paramedic.
Sec. 4766.04. (A) Except as otherwise provided in this
chapter, no person shall furnish, operate, conduct, maintain,
advertise, engage in, or propose or profess to engage in the
business or service of transporting persons who are seriously
ill, injured, or otherwise incapacitated in this state unless he THE
PERSON
is licensed pursuant to this section.
(B) To qualify for a license as a basic life-support,
intermediate life-support, or advanced life-support service
organization, a person AN EMERGENCY MEDICAL SERVICE ORGANIZATION shall
do all of the following:
(1) Apply for a permit for each ambulance and nontransport
vehicle owned or leased as provided in
section 4766.07 of the
Revised Code;
(2) Meet all requirements of the ESTABLISHED IN rules of
ADOPTED BY the Ohio
ambulance licensing board regarding ambulances, equipment, AND
nontransport vehicles, personnel INCLUDING REQUIREMENTS PERTAINING
TO EQUIPMENT, communications systems,
STAFFING, and medical treatments LEVEL OF CARE the
particular organization is permitted to render;
(3) Maintain the appropriate type and amount of insurance
or self-insurance as specified in section 4766.06 of the Revised
Code;
(4) Meet all other requirements set ESTABLISHED UNDER RULES ADOPTED by
the board, by rule,
for the particular license.
(C) To apply for a license as a basic life-support,
intermediate life-support, or advanced life-support service
organization, a person AN EMERGENCY MEDICAL SERVICE ORGANIZATION shall
submit a completed application to
the board, on a form provided by the board for each particular
license, together with the appropriate fees established under
section 4766.05 of the Revised Code. The application form shall
include all of the following:
(1) The name and business address of the operator of the
organization for which licensure is sought;
(2) The name under which the applicant will operate the
organization;
(3) A list of the names and addresses of all officers and
directors of the organization;
(4) A description of each vehicle to be used, including
the make, model, year of manufacture, mileage, vehicle
identification number, and the color scheme, insignia, name,
monogram, or other distinguishing characteristics to be used to
designate the applicant's vehicle;
(5) The location and description of each place from which
the organization will operate;
(6) A description of the geographic area to be served by
the applicant;
(7) Any other information the board, by rule, determines
necessary.
(D) Within sixty days after receiving a completed
application for licensure as a basic life-support, intermediate
life-support, or advanced life-support service organization, the
board shall approve or deny the application. The board shall
deny an application if it determines that the applicant does not
meet the requirements of this chapter or any rules adopted
pursuant thereto UNDER IT. The board shall send NOTICE OF the denial
of an
application by certified mail to the applicant. The applicant
may request a hearing within ten days after receipt of the
certified mail NOTICE. If the board receives a timely request, it
shall
hold a hearing in accordance with Chapter 119. of the Revised
Code.
(E) If an applicant or licensee operates or plans to
operate an organization in more than one location under the same
or different identities, the applicant or licensee shall apply
for and meet all requirements for licensure or renewal of a
license, other than payment of a license fee or renewal fee, for
operating the organization at each separate location. An
applicant or licensee that operates or plans to operate under the
same organization identity in separate locations shall pay only a
single license fee.
(F) Each license issued under this section and each permit
issued under section 4766.07 of the Revised Code expires two
years after the date of issue, but each licensee and permit
holder may apply to the board for the extension of his license
and permit under AND MAY BE RENEWED IN ACCORDANCE WITH the standard
renewal procedures of Chapter 4745.
of the Revised Code, provided that the licensee or permit holder
meets the requirements for licensure. In addition, each permit
holder AN APPLICATION FOR RENEWAL SHALL INCLUDE THE LICENSE OR PERMIT
RENEWAL FEE ESTABLISHED UNDER SECTION 4766.05 of the Revised Code. AN APPLICANT FOR RENEWAL
OF A PERMIT ALSO shall submit to the board proof of an annual inspection
of
each THE vehicle for which a permit has been issued
RENEWAL IS SOUGHT. The licensee
and permit holder shall send the renewal fee established under
section 4766.05 of the Revised Code with his application for
renewal THE BOARD SHALL RENEW A LICENSE IF THE APPLICANT MEETS THE
REQUIREMENTS FOR LICENSURE AND SHALL RENEW A PERMIT IF THE APPLICANT AND
VEHICLE MEET THE REQUIREMENTS TO MAINTAIN A PERMIT FOR THAT VEHICLE.
(G) Each licensee shall maintain accurate records of all
service responses conducted,. THE RECORDS SHALL BE MAINTAINED
on forms PRESCRIBED BY THE BOARD and containing SHALL CONTAIN
information
as specified by rule by the board.
Sec. 4766.07. (A) Every licensee EACH EMERGENCY MEDICAL SERVICE
ORGANIZATION SUBJECT TO LICENSURE under this chapter shall
possess a valid permit for each ambulance and nontransport
vehicle it owns or leases that
is or will be used by the licensee
to perform the services permitted by the license. Each licensee
and license applicant shall submit the appropriate fee and an
application for A PERMIT FOR each ambulance and nontransport vehicle to
the
Ohio ambulance licensing board on forms provided by the board.
The application shall include documentation that each THE vehicle
meets the appropriate standards set by the board for the
particular license for which the vehicle is used or intended to
be used, that the vehicle has been inspected pursuant to division
(C) of this section, that the permit applicant maintains
insurance or self-insurance as provided in divisions (B) and (C)
of section 4766.06 of the Revised Code, and that the vehicle and
permit applicant meet any other requirements set, by rule, ESTABLISHED
UNDER RULES ADOPTED by the
board.
(B)(1) Within sixty days after receiving a completed
application for a permit, the board shall issue or deny the
permit. The board shall deny an application if it determines
that the permit applicant OR VEHICLE does not meet the requirements of
this
chapter and the rules adopted pursuant thereto UNDER IT that apply to
permits for ambulances and nontransport vehicles.
The board
shall send NOTICE OF the denial of an application by certified mail to the
permit applicant. The permit applicant may request a hearing
within ten days after receipt of the certified mail NOTICE. If the
board receives a timely request, it shall hold a hearing in
accordance with Chapter 119. of the Revised Code.
(2) If the board issues the vehicle permit, it also shall
issue a decal, in a form prescribed by rule, to be displayed on
the rear window of the vehicle. The board shall not issue a
decal until all of the requirements for licensure and permit
issuance have been met.
(C) In addition to any other requirements that the board
establishes by rule, a licensee or license applicant applying for
an initial vehicle permit under division (A) of this section
shall submit to the state highway patrol and the board each THE
vehicle for which he seeks a THE permit IS SOUGHT. Thereafter, a
licensee
shall annually submit to the state highway patrol and the board
each vehicle for which a permit has been issued.
(1) The state highway patrol shall conduct a physical
inspection of AN AMBULANCE OR nontransport vehicles and
ambulances VEHICLE to determine ITS
roadworthiness and compliance with standard motor vehicle
requirements.
(2) The board shall conduct a physical inspection of the
medical equipment, communication equipment SYSTEM, and interior of
the AN
ambulance
to determine the
operational condition and safety of
the equipment and the vehicle AMBULANCE'S interior and to
determine WHETHER THE AMBULANCE IS IN
compliance with the "GAC Service Specifications and Technical
Handbook," OH-1822, as amended, FEDERAL REQUIREMENTS FOR AMBULANCE
CONSTRUCTION that
was WERE in effect at the time
the ambulance was manufactured. The board shall adopt rules
pertaining to inspections conducted under division (C)(2) of this
section to determine compliance with vehicle standards specified
in the handbook. The rules shall not take effect until July 2,
1995.,
AS SPECIFIED BY
THE GENERAL SERVICES ADMINISTRATION IN THE VARIOUS
VERSIONS OF ITS PUBLICATION TITLED "FEDERAL
SPECIFICATION FOR THE STAR-OF-LIFE AMBULANCE,
KKK-A-1822."
(3) The board and state highway patrol shall issue a
certificate to the licensee or license applicant for each vehicle
that passes the inspection and may assess a fee for each
inspection, as established by the board.
(4) The board, in consultation with the state highway
patrol, shall adopt rules regarding the implementation and
coordination of the state highway patrol and board inspections.
The rules may permit the board to contract with a third party to
conduct the inspections required of the board under this section.
(D) If an emergency medical service organization that has
made timely application to the board for a vehicle permit has
reasonable cause to believe that the state highway patrol will
not be able to conduct the required inspection before the date by
which the organization is required to renew the registration of
the ambulance or nontransport vehicle
with the bureau of motor
vehicles, the organization may apply to the board for a temporary
vehicle permit. Such a permit shall be valid for a period of no
more than thirty days from the date of issuance, and shall be
accepted by the registrar of motor vehicles when the organization
applies for license plates and a validation sticker, or a
validation sticker alone, pursuant to REGISTRATION OF THE VEHICLE
UNDER section 4503.49 of the
Revised Code.
Sec. 4766.08. (A) The Ohio ambulance licensing board may,
pursuant to an adjudication conducted in accordance with Chapter
119. of the Revised Code, suspend or revoke any license or permit
or renewal thereof issued under this chapter for any one or
combination of the following causes:
(1) Violation of this chapter or any rule adopted
thereunder;
(2) Refusal to permit the board to inspect a vehicle used
under the terms of a permit or to inspect the records or physical
facilities of a licensee;
(3) Failure to meet the ambulance and nontransport vehicle
requirements specified in this chapter or the rules adopted
thereunder;
(4) VIOLATION OF AN ORDER ISSUED BY THE BOARD;
(5) FAILURE TO COMPLY WITH ANY OF THE TERMS OF AN AGREEMENT ENTERED INTO
WITH THE BOARD REGARDING THE SUSPENSION OR REVOCATION OF A LICENSE OR PERMIT
OR THE IMPOSITION OF A PENALTY UNDER THIS SECTION.
(B) If the board determines that the records,
recordkeeping procedures, or physical facilities of a licensee,
or an ambulance or nontransport vehicle for which a valid permit
has been issued, do not meet the standards specified in this
chapter and the rules adopted thereunder, the board shall notify
the licensee of any deficiencies within thirty days of finding
the deficiencies. If the board determines that the deficiencies
exist and they remain uncorrected after thirty days, the board
may suspend the license or vehicle permit. The licensee,
notwithstanding the suspension under this division, may operate
until all appeals have been exhausted.
(C) At the discretion of the board, a licensee whose
license has been suspended or revoked under this section may be
ineligible to be licensed under this chapter for a period of not
more than three years from the date of the violation, provided
that the board shall make no determination on a period of
ineligibility until all the licensee's appeals relating to the
suspension or revocation have been exhausted.
(D) The board may, in addition to any other action taken
under this section and after a hearing conducted pursuant to
Chapter 119. of the Revised Code, impose a penalty of not more
than fifteen hundred dollars for any violation of SPECIFIED IN
this section.
The attorney general shall institute a civil action for the
collection of any such penalty imposed.
Sec. 4766.09. Except as otherwise provided in sections
307.051 and 505.37 of the Revised Code, this THIS chapter does not
apply to any of the following:
(A) A person rendering services with an ambulance in the
event of a disaster situation when licensees' vehicles based in
the locality of the disaster situation are incapacitated or
insufficient in number to render the services needed;
(B) Any person operating an ambulance outside this state
unless receiving a person within this state for transport to a
location within this state;
(C) Any
A PUBLICLY OWNED OR OPERATED EMERGENCY MEDICAL SERVICE
ORGANIZATION AND THE VEHICLES IT OWNS OR LEASES AND OPERATES,
EXCEPT AS PROVIDED IN SECTION 307.051, DIVISION (G) OF SECTION
307.055, DIVISION (F) OF SECTION 505.37, DIVISION (B) OF
SECTION 505.375, AND DIVISION (B)(3)
OF SECTION 505.72 of the Revised Code;
(D) AN ambulance OR NONTRANSPORT VEHICLE
owned OR LEASED and operated by the federal government;
(D)(E) A publicly owned and operated fire department vehicle;
(E)(F) Emergency vehicles owned by a corporation and
operating only on the corporation's premises, for the sole use by
that corporation;
(F) Any (G) AN ambulance, NONTRANSPORT VEHICLE,
OR OTHER emergency medical service organization
vehicle, or nontransport vehicle owned and operated by a
municipal corporation;
(G) Any other (H) A MOTOR VEHICLE TITLED IN THE NAME OF A
VOLUNTEER RESCUE
SERVICE ORGANIZATION, AS DEFINED IN SECTION 4503.172 OF THE
REVISED
CODE;
(I) A
public emergency medical service
organization;
(J) A FIRE DEPARTMENT,
RESCUE SQUAD, OR LIFE SQUAD COMPRISED OF
VOLUNTEERS WHO PROVIDE
SERVICES WITHOUT EXPECTATION OF REMUNERATION AND DO NOT RECEIVE
PAYMENT FOR SERVICES OTHER THAN REIMBURSEMENT FOR EXPENSES;
(K) A PRIVATE,
NONPROFIT EMERGENCY MEDICAL SERVICE ORGANIZATION WHEN FIFTY PER
CENT OR MORE OF ITS PERSONNEL ARE
VOLUNTEERS, AS DEFINED IN SECTION 4765.01 of the Revised Code.
Sec. 4766.10. (A) This chapter does not invalidate any
municipal ordinance or resolution ADOPTED BY A MUNICIPAL CORPORATION
that establishes standards for
the licensure of EMERGENCY MEDICAL SERVICE ORGANIZATIONS AS basic
life-support, intermediate life-support,
or advanced life-support service organizations that
HAVE THEIR PRINCIPAL PLACES OF BUSINESS LOCATED WITHIN THE
LIMITS OF THE MUNICIPAL CORPORATION, AS LONG AS THE LICENSURE
STANDARDS
meet or
exceed the standards established in this chapter and any THE rules
adopted thereunder.
(B) Service EMERGENCY MEDICAL SERVICE organizations operating
within LICENSED BY a municipal
corporation that has adopted an ordinance or resolution described
in division (A) of this section are subject to the jurisdiction
of the OHIO AMBULANCE LICENSING board, but the fees they pay to the
board for licenses,
permits, and renewals thereof shall not exceed fifty per cent of
the fee amounts established by the board pursuant to section
4766.03 of the Revised Code. The board may choose to waive the
vehicle inspection requirements and inspection fees, but not the
permit fees, for THE vehicles of those organizations that are
subject
to a municipal ordinance or resolution described in division (A)
of this section LICENSED BY A MUNICIPAL CORPORATION.
Sec. 4766.11. In THE OHIO AMBULANCE
LICENSING BOARD MAY INVESTIGATE ALLEGED VIOLATIONS OF THIS
CHAPTER OR THE RULES ADOPTED UNDER IT AND MAY INVESTIGATE ANY
COMPLAINTS RECEIVED REGARDING ALLEGED VIOLATIONS.
IN addition to the ANY OTHER remedies provided AVAILABLE and
irrespective REGARDLESS of
whether or not there exists an adequate remedy at law EXISTS, the
Ohio ambulance
licensing board may apply to the court of common pleas in the county where
a
violation of any provision of this chapter or any rule adopted pursuant
thereto is occurring for a temporary or permanent injunction restraining
any A
person from CONTINUING TO COMMIT that violation.
ON A SHOWING THAT A PERSON HAS COMMITTED A VIOLATION, THE
COURT SHALL GRANT THE INJUNCTION.
IN CONDUCTING AN INVESTIGATION UNDER THIS SECTION, THE
BOARD MAY ISSUE SUBPOENAS COMPELLING THE ATTENDANCE AND
TESTIMONY OF WITNESSES AND THE PRODUCTION OF BOOKS, RECORDS, AND
OTHER DOCUMENTS PERTAINING TO THE INVESTIGATION. IF A PERSON
FAILS TO OBEY A SUBPOENA FROM THE BOARD, THE BOARD MAY APPLY TO
THE COURT OF COMMON PLEAS IN THE COUNTY WHERE THE INVESTIGATION
IS BEING CONDUCTED FOR AN ORDER COMPELLING THE PERSON TO COMPLY
WITH THE SUBPOENA. ON APPLICATION BY THE BOARD, THE COURT SHALL
COMPEL OBEDIENCE BY ATTACHMENT PROCEEDINGS FOR CONTEMPT, AS IN
THE CASE OF DISOBEDIENCE OF THE REQUIREMENTS OF A SUBPOENA FROM
THE COURT OR A REFUSAL TO TESTIFY THEREIN.
Sec. 4766.12. If a county or, township, JOINT
AMBULANCE DISTRICT, OR JOINT EMERGENCY MEDICAL SERVICES DISTRICT chooses
to have the Ohio ambulance
licensing board license its emergency medical service organizations and issue
permits for its vehicles pursuant to this chapter, except as may be otherwise
provided, all provisions of these sections THIS CHAPTER and all
rules adopted by the board
thereunder are fully applicable. However, a county or,
township, JOINT AMBULANCE DISTRICT, OR JOINT EMERGENCY MEDICAL
SERVICES DISTRICT is not required to obtain any type of permit from the
board for any of its nontransport vehicles.
Sec. 4766.13. THE OHIO AMBULANCE LICENSING BOARD, BY
ENDORSEMENT, MAY LICENSE AND ISSUE VEHICLE PERMITS TO AN EMERGENCY MEDICAL
SERVICE ORGANIZATION THAT IS REGULATED BY ANOTHER STATE. TO QUALIFY FOR A
LICENSE AND VEHICLE PERMITS BY ENDORSEMENT, AN ORGANIZATION MUST SUBMIT
EVIDENCE SATISFACTORY TO THE BOARD THAT IT HAS MET STANDARDS IN ANOTHER STATE
THAT ARE EQUAL TO OR MORE STRINGENT THAN THE STANDARDS ESTABLISHED BY THIS
CHAPTER AND THE RULES ADOPTED UNDER IT.
Sec. 4931.40. As used in sections 4931.40 to 4931.53 of
the Revised Code:
(A) "9-1-1 system" means a system through which
individuals can request emergency service using the telephone
number 9-1-1.
(B) "Basic 9-1-1" means a 9-1-1 system in which a caller
provides information on the nature of and the location of an
emergency, and the personnel receiving the call must determine
the appropriate emergency service provider to respond at that
location.
(C) "Enhanced 9-1-1" means a 9-1-1 system in which the
telephone network system automatically provides to personnel
receiving the call, immediately on answering the 9-1-1 call,
information on the location and the telephone number from which
the call is being made, and routes the call to emergency service
providers that serve the location from which the call is made.
(D) "Subdivision" means a county, municipal corporation,
township, township fire district, joint fire district, township
police district, or joint ambulance district, OR JOINT
EMERGENCY MEDICAL SERVICES DISTRICT that provides
emergency service within its territory, or that contracts with
another municipal corporation, township, or district or with a
private entity to provide such service; and a state college or
university, port authority, or park district of any kind that
employs law enforcement officers that act as the primary police
force on the grounds of the college or university or port
authority or in the parks operated by the district.
(E) "Emergency service" means emergency police,
firefighting, ambulance, rescue, and medical service.
(F) "Emergency service provider" means the state highway
patrol and an emergency service department or unit of a
subdivision or that operates in a subdivision under contract with
the subdivision.
(G) "Public safety answering point" means a facility to
which 9-1-1 system calls for a specific territory are initially
routed for response and where subdivision personnel respond to
specific requests for emergency service by directly dispatching
the appropriate emergency service provider, relaying a message to
the appropriate provider, or transferring the call to the
appropriate provider.
(H) "Customer premises equipment" means telecommunications
equipment, including telephone instruments, on the premises of a
public safety answering point that is used in answering and
responding to 9-1-1 system calls.
(I) "Municipal corporation in the county" includes any
municipal corporation that is wholly contained in the county and
each municipal corporation located in more than one county that
has a greater proportion of its territory in the county to which
the term refers than in any other county.
(J) "Board of county commissioners" includes the
legislative authority of a county established under Section 3 of
Article X, Ohio Constitution, or Chapter 302. of the Revised
Code.
(K) "Final plan" means a final plan adopted under division
(B) of section 4931.44 of the Revised Code and, except as
otherwise expressly provided, an amended final plan adopted under
section 4931.45 of the Revised Code.
(L) "Subdivision served by a public safety answering
point" means a subdivision that provides emergency service for
any part of its territory that is located within the territory of
a public safety answering point whether the subdivision provides
the emergency service with its own employees or pursuant to a
contract.
(M) A township's population includes only population of
the unincorporated portion of the township.
(N) "Telephone Company COMPANY" means a company engaged in the
business of providing
local
exchange telephone service by making available or furnishing access and a dial
tone to persons within a local calling area for use in originating and
receiving voice grade communications over a switched network operated by the
provider of the service within the area and gaining access to other
telecommunications services.
Section 2. That existing sections 9.60, 307.05, 307.051, 307.055, 505.37,
505.375, 505.44, 505.72, 2909.01, 4503.49, 4765.09, 4765.10, 4765.37, 4765.56,
4766.01, 4766.03,
4766.04, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11, 4766.12, and 4931.40 of
the Revised Code are hereby repealed.
Section 3. Sections 307.05 and 505.44 of the Revised Code are presented in
this act
as composites of those sections as amended by both
Am. H.B. 192 and Am. Sub. S.B. 150 of the 121st General Assembly, with the new
language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
|