To amend sections 9.60, 125.04, 125.13, 733.40, 1547.79, 2929.18, 2949.092, 2949.111, 3375.50, 3375.51, 3375.52, 3702.11, 3729.17, 3737.66, 4501.02, 4501.11, 4513.263, 4513.99, 4765.01, 4765.02, 4765.03, 4765.05, 4765.06, 4765.07, 4765.09, 4765.10, 4765.11, 4765.15, 4765.16, 4765.30, 4765.32, 4765.35, 4765.37, 4765.38, 4765.39, 4765.40, 4765.50, 4765.55, 4766.02, 4767.08, 5502.01, and 5739.02 and to enact sections 2949.093, 3702.161, 4765.04, 4765.12, 4765.41, and 4765.57 of the Revised Code to provide quality assurance for trauma care and to make other changes in the laws regarding emergency medical services and fire services.

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

Sec. 9.60. (A) As used in this section:

(1) "EMERGENCY MEDICAL SERVICE" AND "EMERGENCY MEDICAL SERVICE ORGANIZATION" HAVE THE SAME MEANINGS AS IN SECTION 4765.01 of the Revised Code;

(2) "FIRE PROTECTION" MEANS THE USE OF FIREFIGHTING EQUIPMENT BY THE FIRE DEPARTMENT OF A FIREFIGHTING AGENCY OR A PRIVATE FIRE COMPANY, AND INCLUDES THE PROVISION OF AMBULANCE, EMERGENCY MEDICAL, AND RESCUE SERVICES BY THOSE ENTITIES.

(3) "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 PRIVATE FIRE COMPANY" MEANS A NONPROFIT GROUP OR ORGANIZATION OWNING AND OPERATING FIREFIGHTING EQUIPMENT NOT CONTROLLED BY A FIREFIGHTING AGENCY.

(B) Any firefighting agency or, private fire company, OR PUBLIC OR PRIVATE EMERGENCY MEDICAL SERVICE ORGANIZATION may contract with any state agency or instrumentality, county, or political subdivision of this state or with a governmental entity of an adjoining state IN THIS STATE OR ANOTHER JURISDICTION to provide fire protection OR EMERGENCY MEDICAL SERVICES, AS APPROPRIATE, 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 ENTITIES that are parties to the contract.

(C) Any county, political subdivision, or state agency or instrumentality GOVERNMENTAL ENTITY IN THIS STATE may contract with a ANY firefighting agency of this state, a private fire company, or a governmental entity of an adjoining state PUBLIC OR PRIVATE EMERGENCY MEDICAL SERVICE ORGANIZATION OF THIS STATE OR ANOTHER JURISDICTION to obtain fire protection OR EMERGENCY MEDICAL SERVICES, AS APPROPRIATE, whether on a regular basis or only in times of emergency, upon the authorization APPROVAL of the governing boards of the counties, firefighting agencies, political subdivisions, or private fire companies or administrative heads of the state agencies or instrumentalities ENTITIES that are parties to the contract.

(D) Any firefighting agency of this state or any, private fire company, OR PUBLIC OR PRIVATE EMERGENCY MEDICAL SERVICE ORGANIZATION may provide fire protection OR EMERGENCY MEDICAL SERVICES, AS APPROPRIATE, to any state agency or instrumentality, county, or political subdivision of this state, or to a governmental entity of an adjoining state IN THIS STATE OR ANOTHER JURISDICTION, without a contract to provide fire protection OR EMERGENCY MEDICAL SERVICES, upon the approval of the governing board of the firefighting agency or private fire, company, OR ORGANIZATION and upon authorization of BY an officer or employee of the firefighting agency providing the fire protection, COMPANY, OR ORGANIZATION designated by THAT INDIVIDUAL'S title of their, office, or position pursuant to the authorization of the governing board of the firefighting agency, COMPANY, OR ORGANIZATION.

(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 OR EMERGENCY MEDICAL SERVICE ORGANIZATIONS, APPLIES TO A POLITICAL SUBDIVISION THAT IS OPERATING A FIRE DEPARTMENT OR EMERGENCY MEDICAL SERVICE ORGANIZATION, AND TO THE MEMBERS OF THE FIRE DEPARTMENT OR EMERGENCY MEDICAL SERVICE ORGANIZATION, WHEN THE MEMBERS ARE RENDERING SERVICE PURSUANT TO THIS SECTION OUTSIDE THE BOUNDARIES OF THE POLITICAL SUBDIVISION.

MEMBERS ACTING OUTSIDE THE BOUNDARIES OF THE POLITICAL SUBDIVISION THAT IS OPERATING THE FIRE DEPARTMENT OR EMERGENCY MEDICAL SERVICE ORGANIZATION may participate in any pension or indemnity fund established by their employer THE POLITICAL SUBDIVISION to the same extent as while acting within the boundaries of the firefighting agency POLITICAL SUBDIVISION, 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 POLITICAL SUBDIVISION.

(F) A PRIVATE FIRE COMPANY OR PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE ORGANIZATION PROVIDING SERVICE PURSUANT TO THIS SECTION TO A GOVERNMENTAL ENTITY IN THIS STATE OR ANOTHER JURISDICTION HAS THE SAME IMMUNITIES AND DEFENSES IN A CIVIL ACTION THAT A POLITICAL SUBDIVISION HAS UNDER SECTION 2744.02 of the Revised Code. THE EMPLOYEES OF SUCH A FIRE COMPANY OR EMERGENCY MEDICAL SERVICE ORGANIZATION HAVE THE SAME IMMUNITIES AND DEFENSES IN A CIVIL ACTION THAT EMPLOYEES OF A POLITICAL SUBDIVISION HAVE UNDER SECTION 2744.03 of the Revised Code.

Sec. 125.04. (A) Except as provided in division (C) of this section, the department of administrative services shall determine what supplies and services are purchased by or for state agencies. Whenever the department of administrative services makes any change or addition to the lists of supplies and services that it determines to purchase for state agencies, it shall provide a list to the agencies of the changes or additions and indicate when the department will be prepared to furnish each item listed. Except for the requirements of division (B) of section 125.11 of the Revised Code, sections 125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not apply to or affect the educational institutions of the state. The department shall not include the bureau of workers' compensation in the lists of supplies, equipment, and services purchased and furnished by the department.

Nothing in this division precludes the bureau from entering into a contract with the department for the department to perform services relative to supplies, equipment, and services contained in this division for the bureau.

(B)(1) As used in this division, "political:

(a) "EMERGENCY MEDICAL SERVICE ORGANIZATION" HAS THE SAME MEANING AS IN SECTION 4765.01 of the Revised Code.

(b) "POLITICAL subdivision" means any county, township, municipal corporation, school district, conservancy district, township park district, park district created under Chapter 1545. of the Revised Code, regional transit authority, regional airport authority, regional water and sewer district, or port authority. "Political subdivision" also includes any other political subdivision described in the Revised Code that has been approved by the department to participate in the department's contracts under this division.

(c) "PRIVATE FIRE COMPANY" HAS THE SAME MEANING AS IN SECTION 9.60 of the Revised Code.

(2) The department of administrative services may permit a political subdivision, PRIVATE FIRE COMPANY, OR PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE ORGANIZATION to participate in contracts into which the department has entered for the purchase of supplies and services. Any THE DEPARTMENT MAY CHARGE THE ENTITY A REASONABLE FEE TO COVER THE ADMINISTRATIVE COSTS THE DEPARTMENT INCURS AS A RESULT OF PARTICIPATION BY THE ENTITY IN SUCH A PURCHASE CONTRACT.

A political subdivision desiring to participate in such purchase contracts shall file with the department a certified copy of an ordinance or resolution of the legislative authority or governing board of the political subdivision. The resolution or ordinance shall request that the political subdivision be authorized to participate in such contracts and shall agree that the political subdivision will be bound by such terms and conditions as the department prescribes and that it will directly pay the vendor under each purchase contract. The department may charge a political subdivision a reasonable fee to cover the administrative costs the department incurs as a result of the subdivision's participation in the purchase contract. Purchases made by a political subdivision under this division are exempt from any competitive selection procedures otherwise required by law. No political subdivision shall make any purchase under this division when bids have been received for such purchase by the subdivision, unless such purchase can be made upon the same terms, conditions, and specifications at a lower price under this division A PRIVATE FIRE COMPANY OR PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE ORGANIZATION DESIRING TO PARTICIPATE IN SUCH PURCHASE CONTRACTS SHALL FILE WITH THE DEPARTMENT A WRITTEN REQUEST FOR INCLUSION IN THE PROGRAM SIGNED BY THE CHIEF OFFICER OF THE COMPANY OR ORGANIZATION. THE REQUEST SHALL INCLUDE AN AGREEMENT TO BE BOUND BY SUCH TERMS AND CONDITIONS AS THE DEPARTMENT PRESCRIBES AND TO MAKE DIRECT PAYMENTS TO THE VENDOR UNDER EACH PURCHASE CONTRACT.

The department shall include in its annual report an estimate of the cost it incurs by permitting political subdivisions, PRIVATE FIRE COMPANIES, AND PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE ORGANIZATIONS to participate in contracts pursuant to this division. The department may require political subdivisions participating in contracts pursuant to this division SUCH ENTITIES to file a report with the department, as often as it finds necessary, stating how many such contracts the political subdivisions participate ENTITIES PARTICIPATED in within a specified period of time, and any other information the department requires.

(3) PURCHASES MADE BY A POLITICAL SUBDIVISION UNDER THIS DIVISION ARE EXEMPT FROM ANY COMPETITIVE SELECTION PROCEDURES OTHERWISE REQUIRED BY LAW. NO POLITICAL SUBDIVISION SHALL MAKE ANY PURCHASE UNDER THIS DIVISION WHEN BIDS HAVE BEEN RECEIVED FOR SUCH PURCHASE BY THE SUBDIVISION, UNLESS SUCH PURCHASE CAN BE MADE UPON THE SAME TERMS, CONDITIONS, AND SPECIFICATIONS AT A LOWER PRICE UNDER THIS DIVISION.

(C) This section does not apply to supplies or services required by the legislative or judicial branches, boards of elections, the capitol square review and advisory board, the adjutant general, to supplies or services purchased by a state agency directly as provided in division (A) or (E) of section 125.05 of the Revised Code, to purchases of supplies or services for the emergency management agency as provided in section 125.023 of the Revised Code, or to purchases of supplies or services for the department of rehabilitation and correction in its operation of the program for the employment of prisoners established under section 5145.16 of the Revised Code that shall be made pursuant to rules adopted by the director of administrative services and the director of rehabilitation and correction in accordance with Chapter 119. of the Revised Code. The rules may provide for the exemption of the program for the employment of prisoners from the requirements of division (A) of this section.

Sec. 125.13. (A) AS USED IN THIS SECTION:

(1) "EMERGENCY MEDICAL SERVICE ORGANIZATION" HAS THE SAME MEANING AS IN SECTION 4765.01 of the Revised Code.

(2) "PRIVATE FIRE COMPANY" HAS THE SAME MEANING AS IN SECTION 9.60 of the Revised Code.

(B) Except as otherwise provided in section 5193.03 5139.03 of the Revised Code, whenever a state agency determines that it has excess or surplus supplies, it shall notify the director of administrative services. Upon request by the director and on forms provided by the director, the state agency shall furnish to the director a list of all such excess and surplus supplies and an appraisal of their value.

(B)(C) The director of administrative services shall take immediate possession of a state agency's excess and surplus supplies, except for those that have a value below the minimum value the director establishes for excess and surplus supplies under division (D)(E) of this section. The director shall inventory excess and surplus supplies in the director's possession and may have the supplies repaired.

(C)(D) The director may do either of the following:

(1) Dispose of declared surplus or excess supplies in the director's possession by sale, lease, or transfer. If the director does so, the director shall dispose of such supplies in the following order of priority:

(a) To state agencies;

(b) To state-supported or state-assisted institutions of higher education;

(c) To tax-supported agencies, municipal corporations, or other political subdivisions of this state, PRIVATE FIRE COMPANIES, OR PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE ORGANIZATIONS;

(d) To the general public by auction, sealed bid, or negotiation.

(2) If the director has attempted to dispose of any declared surplus or excess motor vehicle that does not exceed four thousand five hundred dollars in value pursuant to divisions (C)(D)(1)(a) to (c) of this section, donate the motor vehicle to a nonprofit organization exempt from federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of meeting the transportation needs of participants in the Ohio works first program established under Chapter 5107. of the Revised Code and participants in the prevention, retention, and contingency program established under Chapter 5108. of the Revised Code, the. THE director may not donate a motor vehicle furnished to the state highway patrol to a nonprofit organization pursuant to this division.

(D)(E) The director may adopt rules governing the sale, lease, or transfer of surplus and excess supplies in the director's possession by public auction, sealed bid, or negotiation, except that no employee of the disposing agency shall be allowed to purchase, lease, or receive any such supplies. The director may dispose of declared surplus or excess supplies, including motor vehicles, in the director's possession as the director determines proper if such supplies cannot be disposed of pursuant to division (C)(D) of this section. The director shall by rule establish a minimum value for excess and surplus supplies and prescribe procedures for a state agency to follow in disposing of excess and surplus supplies in its possession that have a value below the minimum value established by the director.

(E)(F) No state-supported or state-assisted institution of higher education, tax-supported agency, municipal corporation, or other political subdivision of this state, PRIVATE FIRE COMPANY, OR PRIVATE, NONPROFIT EMERGENCY MEDICAL SERVICE ORGANIZATION shall sell, lease, or transfer excess or surplus supplies acquired under this section to private entities or the general public at a price greater than the price it originally paid for such supplies.

Sec. 733.40. Except as otherwise provided in section 4511.193 of the Revised Code, all fines, forfeitures, and costs in ordinance cases and all fees collected by the mayor, or which in any manner come into his THE MAYOR'S hands, or which are due such mayor or a marshal, chief of police, or other officer of the municipal corporation, any other fees and expenses which have been advanced out of the treasury of the municipal corporation, and all money received by such mayor for the use of such municipal corporation, shall be paid by him THE MAYOR into such treasury on the first Monday of each month. At the first regular meeting of the legislative authority each month, the mayor shall submit a full statement of all money received, from whom and for what purposes received, and when paid into the treasury. Except as otherwise provided by sections 3375.50 to 3375.52 or 4511.99 of the Revised Code, all fines, and forfeitures collected by the mayor in state cases, together with all fees and expenses collected which have been advanced out of the county treasury, shall be paid by him THE MAYOR to the county treasury on the first business day of each month. Except as otherwise provided by sections 3375.50 to 3375.52 or 4511.99 of the Revised Code, all court costs and fees collected by the mayor in state cases shall be paid by him THE MAYOR into the municipal treasury on the first business day of each month.

This section does not apply to fines collected by a mayor's court for violations of division (B) of section 4513.263 of the Revised Code, or for violations of any municipal ordinance that is substantively comparable to that division, all of which shall be forwarded to the treasurer of state as provided in division (E) of section 4513.263 of the Revised Code.

THIS SECTION DOES NOT APPLY TO ADDITIONAL COSTS COLLECTED PURSUANT TO SECTION 2949.093 of the Revised Code, WHICH SHALL BE ADMINISTERED AS PROVIDED IN THAT SECTION.

Sec. 1547.79. All fines, forfeitures, and penalties arising from prosecutions, convictions, confiscations, or other actions commenced by department of natural resources law enforcement officers, including, but not limited to, wildlife officers, park officers, and state watercraft officers under this chapter or Chapter 1548. of the Revised Code, or commenced by state watercraft officers under any law prohibiting the dumping of refuse, trash, or litter into the waters in this state, shall be paid to the director of natural resources and by him THE DIRECTOR paid into the waterways safety fund established in section 1547.75 of the Revised Code for the purposes provided in sections 1547.55, 1547.67, 1547.71, and 1547.72 of the Revised Code.

THIS SECTION DOES NOT APPLY TO ADDITIONAL COSTS COLLECTED PURSUANT TO SECTION 2949.093 of the Revised Code, WHICH SHALL BE ADMINISTERED AS PROVIDED IN THAT SECTION.

Sec. 2929.18. (A) Except as otherwise provided in this division and in addition to imposing court costs pursuant to section SECTIONS 2947.23 AND 2949.093 of the Revised Code, the court imposing a sentence upon an offender for a felony may sentence the offender to any financial sanction or combination of financial sanctions authorized under this section or, in the circumstances specified in section 2929.25 of the Revised Code, may impose upon the offender a fine in accordance with that section. If the offender is sentenced to a sanction of confinement pursuant to section 2929.14 or 2929.16 of the Revised Code that is to be served in a facility operated by a board of county commissioners, a legislative authority of a municipal corporation, or another governmental entity, the court imposing sentence upon an offender for a felony shall comply with division (A)(4)(b) of this section in determining whether to sentence the offender to a financial sanction described in division (A)(4)(a) of this section. Financial sanctions that may be imposed pursuant to this section include, but are not limited to, the following:

(1) Restitution by the offender to the victim of the offender's crime or any survivor of the victim, in an amount based on the victim's economic loss. The court shall order that the restitution be made to the adult probation department that serves the county on behalf of the victim, to the clerk of courts, or to another agency designated by the court, except that it may include a requirement that reimbursement be made to third parties for amounts paid to or on behalf of the victim or any survivor of the victim for economic loss resulting from the offense. If reimbursement to third parties is required, the reimbursement shall be made to any governmental agency to repay any amounts paid by the agency to or on behalf of the victim or any survivor of the victim for economic loss resulting from the offense before any reimbursement is made to any person other than a governmental agency. If no governmental agency incurred expenses for economic loss of the victim or any survivor of the victim resulting from the offense, the reimbursement shall be made to any person other than a governmental agency to repay amounts paid by that person to or on behalf of the victim or any survivor of the victim for economic loss of the victim resulting from the offense. The court shall not require an offender to repay an insurance company for any amounts the company paid on behalf of the offender pursuant to a policy of insurance. At sentencing, the court shall determine the amount of restitution to be made by the offender. All restitution payments shall be credited against any recovery of economic loss in a civil action brought by the victim or any survivor of the victim against the offender.

(2) Except as provided in division (B)(1), (3), or (4) of this section, a fine payable by the offender to the state, to a political subdivision, or as described in division (B)(2) of this section to one or more law enforcement agencies, with the amount of the fine based on a standard percentage of the offender's daily income over a period of time determined by the court and based upon the seriousness of the offense. A fine ordered under this division shall not exceed the statutory fine amount authorized for the level of the offense under division (A)(3) of this section.

(3) Except as provided in division (B)(1), (3), or (4) of this section, a fine payable by the offender to the state, to a political subdivision when appropriate for a felony, or as described in division (B)(2) of this section to one or more law enforcement agencies, in the following amount:

(a) For a felony of the first degree, not more than twenty thousand dollars;

(b) For a felony of the second degree, not more than fifteen thousand dollars;

(c) For a felony of the third degree, not more than ten thousand dollars;

(d) For a felony of the fourth degree, not more than five thousand dollars;

(e) For a felony of the fifth degree, not more than two thousand five hundred dollars.

(4)(a) Subject to division (A)(4)(b) of this section, reimbursement by the offender of any or all of the costs of sanctions incurred by the government, including the following:

(i) All or part of the costs of implementing any community control sanction;

(ii) All or part of the costs of confinement under a sanction imposed pursuant to section 2929.14 or 2929.16 of the Revised Code, provided that the amount of reimbursement ordered under this division shall not exceed ten thousand dollars or the total amount of reimbursement the offender is able to pay as determined at a hearing, whichever amount is greater;.

(b) If the offender is sentenced to a sanction of confinement pursuant to section 2929.14 or 2929.16 of the Revised Code that is to be served in a facility operated by a board of county commissioners, a legislative authority of a municipal corporation, or another local governmental entity, one of the following applies:

(i) If, pursuant to section 307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code, the board, legislative authority, or other local governmental entity requires prisoners convicted of an offense other than a minor misdemeanor to reimburse the county, municipal corporation, or other entity for its expenses incurred by reason of the prisoner's confinement, the court shall impose a financial sanction under division (A)(4)(a) of this section that requires the offender to reimburse the county, municipal corporation, or other local governmental entity for the cost of the confinement. In addition, the court may impose any other financial sanction under this section.

(ii) If, pursuant to any section identified in division (A)(4)(b)(i) of this section, the board, legislative authority, or other local governmental entity has adopted a resolution or ordinance specifying that prisoners convicted of felonies are not required to reimburse the county, municipal corporation, or other local governmental entity for its expenses incurred by reason of the prisoner's confinement, the court shall not impose a financial sanction under division (A)(4)(a) of this section that requires the offender to reimburse the county, municipal corporation, or other local governmental entity for the cost of the confinement, but the court may impose any other financial sanction under this section.

(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) of this section applies, the court may impose, but is not required to impose, any financial sanction under this section.

(c) Reimbursement by the offender for costs pursuant to section 2929.28 of the Revised Code.

(B)(1) For a first, second, or third degree felony violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code, the sentencing court shall impose upon the offender a mandatory fine of at least one-half of, but not more than, the maximum statutory fine amount authorized for the level of the offense pursuant to division (A)(3) of this section. If an offender alleges in an affidavit filed with the court prior to sentencing that the offender is indigent and unable to pay the mandatory fine and if the court determines the offender is an indigent person and is unable to pay the mandatory fine described in this division, the court shall not impose the mandatory fine upon the offender.

(2) Any mandatory fine imposed upon an offender under division (B)(1) of this section and any fine imposed upon an offender under division (A)(2) or (3) of this section for any fourth or fifth degree felony violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code shall be paid to law enforcement agencies pursuant to division (F) of section 2925.03 of the Revised Code.

(3) For a fourth degree felony OMVI offense, the sentencing court shall impose upon the offender a mandatory fine in the amount specified in division (A)(4) of section 4511.99 of the Revised Code. The mandatory fine so imposed shall be disbursed as provided in division (A)(4) of section 4511.99 of the Revised Code.

(4) Notwithstanding any fine otherwise authorized or required to be imposed under division (A)(2) or (3) or (B)(1) of this section or section 2929.31 of the Revised Code for a violation of section 2925.03 or 2925.07 of the Revised Code, in addition to any penalty or sanction imposed for that offense under section 2925.03 or 2925.07 or sections 2929.11 to 2929.18 of the Revised Code and in addition to the forfeiture of property in connection with the offense as prescribed in sections 2925.42 to 2925.45 of the Revised Code, the court that sentences an offender for a violation of section 2925.03 or 2925.07 of the Revised Code may impose upon the offender a fine in addition to any fine imposed under division (A)(2) or (3) of this section and in addition to any mandatory fine imposed under division (B)(1) of this section. The fine imposed under division (B)(4) of this section shall be used as provided in division (H) of section 2925.03 of the Revised Code. A fine imposed under division (B)(4) of this section shall not exceed whichever of the following is applicable:

(a) The total value of any personal or real property in which the offender has an interest and that was used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of section 2925.03 or 2925.07 of the Revised Code, including any property that constitutes proceeds derived from that offense;

(b) If the offender has no interest in any property of the type described in division (B)(4)(a) of this section or if it is not possible to ascertain whether the offender has an interest in any property of that type in which the offender may have an interest, the amount of the mandatory fine for the offense imposed under division (B)(1) of this section or, if no mandatory fine is imposed under division (B)(1) of this section, the amount of the fine authorized for the level of the offense imposed under division (A)(3) of this section.

(5) Prior to imposing a fine under division (B)(4) of this section, the court shall determine whether the offender has an interest in any property of the type described in division (B)(4)(a) of this section. Except as provided in division (B)(6) or (7) of this section, a fine that is authorized and imposed under division (B)(4) of this section does not limit or affect the imposition of the penalties and sanctions for a violation of section 2925.03 or 2925.07 of the Revised Code prescribed under those sections or sections 2929.11 to 2929.18 of the Revised Code and does not limit or affect a forfeiture of property in connection with the offense as prescribed in sections 2925.42 to 2925.45 of the Revised Code.

(6) If the sum total of a mandatory fine amount imposed for a first, second, or third degree felony violation of section 2925.03 or a third degree felony violation of section 2925.07 of the Revised Code under division (B)(1) of this section plus the amount of any fine imposed under division (B)(4) of this section does not exceed the maximum statutory fine amount authorized for the level of the offense under division (A)(3) of this section or section 2929.31 of the Revised Code, the court may impose a fine for the offense in addition to the mandatory fine and the fine imposed under division (B)(4) of this section. The sum total of the amounts of the mandatory fine, the fine imposed under division (B)(4) of this section, and the additional fine imposed under division (B)(6) of this section shall not exceed the maximum statutory fine amount authorized for the level of the offense under division (A)(3) of this section or section 2929.31 of the Revised Code. The clerk of the court shall pay any fine that is imposed under division (B)(6) of this section to the county, township, municipal corporation, park district as created pursuant to section 511.18 or 1545.04 of the Revised Code, or state law enforcement agencies in this state that primarily were responsible for or involved in making the arrest of, and in prosecuting, the offender pursuant to division (F) of section 2925.03 of the Revised Code.

(7) If the sum total of the amount of a mandatory fine imposed for a first, second, or third degree felony violation of section 2925.03 or a third degree felony violation of section 2925.07 of the Revised Code plus the amount of any fine imposed under division (B)(4) of this section exceeds the maximum statutory fine amount authorized for the level of the offense under division (A)(3) of this section or section 2929.31 of the Revised Code, the court shall not impose a fine under division (B)(6) of this section.

(C)(1) The offender shall pay reimbursements imposed upon the offender pursuant to division (A)(4)(a) of this section to pay the costs incurred by the department of rehabilitation and correction in operating a prison or other facility used to confine offenders pursuant to sanctions imposed under section 2929.14 or 2929.16 of the Revised Code to the treasurer of state. The treasurer of state shall deposit the reimbursements in the confinement cost reimbursement fund that is hereby created in the state treasury. The department of rehabilitation and correction shall use the amounts deposited in the fund to fund the operation of facilities used to confine offenders pursuant to sections 2929.14 and 2929.16 of the Revised Code.

(2) Except as provided in section 2951.021 of the Revised Code, the offender shall pay reimbursements imposed upon the offender pursuant to division (A)(4)(a) of this section to pay the costs incurred by a county pursuant to any sanction imposed under this section or section 2929.16 or 2929.17 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed under section 2929.16 of the Revised Code to the county treasurer. The county treasurer shall deposit the reimbursements in the sanction cost reimbursement fund that each board of county commissioners shall create in its county treasury. The county shall use the amounts deposited in the fund to pay the costs incurred by the county pursuant to any sanction imposed under this section or section 2929.16 or 2929.17 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed under section 2929.16 of the Revised Code.

(3) Except as provided in section 2951.021 of the Revised Code, the offender shall pay reimbursements imposed upon the offender pursuant to division (A)(4)(a) of this section to pay the costs incurred by a municipal corporation pursuant to any sanction imposed under this section or section 2929.16 or 2929.17 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed under section 2929.16 of the Revised Code to the treasurer of the municipal corporation. The treasurer shall deposit the reimbursements in a special fund that shall be established in the treasury of each municipal corporation. The municipal corporation shall use the amounts deposited in the fund to pay the costs incurred by the municipal corporation pursuant to any sanction imposed under this section or section 2929.16 or 2929.17 of the Revised Code or in operating a facility used to confine offenders pursuant to a sanction imposed under section 2929.16 of the Revised Code.

(4) Except as provided in section 2951.021 of the Revised Code, the offender shall pay reimbursements imposed pursuant to division (A)(4)(a) of this section for the costs incurred by a private provider pursuant to a sanction imposed under this section or section 2929.16 or 2929.17 of the Revised Code to the provider.

(D) A financial sanction imposed pursuant to division (A) or (B) of this section is a judgment in favor of the state or a political subdivision in which the court that imposed the financial sanction is located, and the offender subject to the sanction is the judgment debtor, except that a financial sanction of reimbursement imposed pursuant to division (A)(4)(a)(ii) of this section upon an offender who is incarcerated in a state facility or a municipal jail is a judgment in favor of the state or the municipal corporation, a financial sanction of reimbursement imposed upon an offender pursuant to this section for costs incurred by a private provider of sanctions is a judgment in favor of the private provider, and a financial sanction of restitution imposed pursuant to this section is a judgment in favor of the victim of the offender's criminal act. Once the financial sanction is imposed as a judgment, the victim, private provider, state, or political subdivision may bring an action to do any of the following:

(1) Obtain execution of the judgment through any available procedure, including:

(a) An execution against the property of the judgment debtor under Chapter 2329. of the Revised Code;

(b) An execution against the person of the judgment debtor under Chapter 2331. of the Revised Code;

(c) A proceeding in aid of execution under Chapter 2333. of the Revised Code, including:

(i) A proceeding for the examination of the judgment debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27 of the Revised Code;

(ii) A proceeding for attachment of the person of the judgment debtor under section 2333.28 of the Revised Code;

(iii) A creditor's suit under section 2333.01 of the Revised Code.

(d) The attachment of the property of the judgment debtor under Chapter 2715. of the Revised Code;

(e) The garnishment of the property of the judgment debtor under Chapter 2716. of the Revised Code.

(2) Obtain an order for the assignment of wages of the judgment debtor under section 1321.33 of the Revised Code.

(E) A court that imposes a financial sanction upon an offender may hold a hearing if necessary to determine whether the offender is able to pay the sanction or is likely in the future to be able to pay it.

(F) Each court imposing a financial sanction upon an offender under this section or under section 2929.25 of the Revised Code may designate a court employee to collect, or may enter into contracts with one or more public agencies or private vendors for the collection of, amounts due under the financial sanction imposed pursuant to this section or section 2929.25 of the Revised Code. Before entering into a contract for the collection of amounts due from an offender pursuant to any financial sanction imposed pursuant to this section or section 2929.25 of the Revised Code, a court shall comply with sections 307.86 to 307.92 of the Revised Code.

(G) If a court that imposes a financial sanction under division (A) or (B) of this section finds that an offender satisfactorily has completed all other sanctions imposed upon the offender and that all restitution that has been ordered has been paid as ordered, the court may suspend any financial sanctions imposed pursuant to this section or section 2929.25 of the Revised Code that have not been paid.

(H) No financial sanction imposed under this section or section 2929.25 of the Revised Code shall preclude a victim from bringing a civil action against the offender.

Sec. 2949.092. If a person is convicted of or pleads guilty to an offense and the court specifically is required, pursuant to section 2743.70 or, 2949.091, OR 2949.093 of the Revised Code or pursuant to any other section of the Revised Code, to impose a specified sum of money as costs in the case in addition to any other costs that the court is required or permitted by law to impose in the case, the court shall not waive the payment of the specified additional court costs that the section of the Revised Code specifically requires the court to impose unless the court determines that the offender is indigent and the court waives the payment of all court costs imposed upon the offender.

Sec. 2949.093. (A)(1) IF A PERSON IS CONVICTED OF OR PLEADS GUILTY TO ANY OFFENSE SPECIFIED IN DIVISION (C) OF THIS SECTION OR IS CONVICTED OF OR PLEADS GUILTY TO A VIOLATION OF ANY MUNICIPAL ORDINANCE THAT IS SUBSTANTIVELY COMPARABLE TO AN OFFENSE SPECIFIED IN DIVISION (C) OF THIS SECTION, THE COURT SHALL IMPOSE THE COSTS SPECIFIED IN DIVISION (D) OF THIS SECTION IN ADDITION TO ANY OTHER COSTS THE COURT IS REQUIRED OR PERMITTED BY LAW TO IMPOSE ON THE OFFENDER.

(2) IF A CHILD IS FOUND TO BE A DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER FOR AN ACT WHICH, IF COMMITTED BY AN ADULT, WOULD BE AN OFFENSE THAT IS SPECIFIED IN DIVISION (C) OF THIS SECTION OR A VIOLATION OF ANY MUNICIPAL ORDINANCE THAT IS SUBSTANTIVELY COMPARABLE TO AN OFFENSE SPECIFIED IN DIVISION (C) OF THIS SECTION, THE JUVENILE COURT SHALL IMPOSE THE COSTS SPECIFIED IN DIVISION (D) OF THIS SECTION IN ADDITION TO ANY OTHER COSTS THE COURT IS REQUIRED OR PERMITTED BY LAW TO IMPOSE ON THE DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER.

(B) ALL AMOUNTS COLLECTED PURSUANT TO DIVISION (A) OF THIS SECTION SHALL BE PLACED IN AN ESCROW FUND, TRANSMITTED ON THE FIRST BUSINESS DAY OF JANUARY AND JULY BY THE CLERK OF THE COURT TO THE TREASURER OF STATE, AND DEPOSITED BY THE TREASURER OF STATE INTO THE TRAUMA AND EMERGENCY MEDICAL SERVICES GRANTS FUND CREATED BY SECTION 4513.263 OF THE REVISED CODE. INTEREST ON THE ESCROW FUND PROVIDED FOR IN THIS DIVISION MAY BE RETAINED BY THE CLERK OF THE COURT TO DEFRAY THE COST OF ADMINISTERING THIS SECTION. THE ESCROW FUND AND INTEREST ON IT ARE NOT SUBJECT TO APPROPRIATION OR REALLOCATION BY A COUNTY BUDGET COMMISSION OR THE LEGISLATIVE OR EXECUTIVE AUTHORITY OF A COUNTY OR MUNICIPAL CORPORATION.

(C) DIVISION (A) OF THIS SECTION APPLIES ONLY TO VIOLATIONS OF SECTIONS 1547.07, 1547.08, 1547.09, 1547.10, 1547.11, DIVISION (I) OF SECTION 1547.111, SECTIONS 1547.12, 1547.13, 1547.131, 1547.14, 1547.15, 1547.16, 1547.18, 1547.19, 1547.21, 1547.22, 1547.24, 1547.25, 1547.251, 1547.26, 1547.27, 1547.28, 1547.29, 1547.38, 1547.39, 1547.40, 1547.41, 1547.69, 1547.92, DIVISIONS (A)(9)(b), (c), AND (d) OF SECTION 2901.01, SECTIONS 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2907.06, SECTION 2907.12 AS REPEALED BY AMENDED SUBSTITUTE HOUSE BILL NO. 445 OF THE 121st GENERAL ASSEMBLY, SECTIONS 2909.02, 2909.03, 2909.06, 2909.07, 2909.08, 2911.01, 2911.02, 2911.11, DIVISIONS (A)(1), (2), AND (3) OF SECTION 2911.12, SECTIONS 2917.01, 2917.02, 2917.03, 2917.13, 2917.31, 2917.32, DIVISIONS (A), (B)(1), (B)(2), (B)(3), AND (C) OF SECTION 2919.22, SECTIONS 2919.25, 2921.03, 2921.04, 2921.05, DIVISIONS (A)(12) AND (B) OF SECTION 2921.13, SECTION 2921.33, DIVISION (B) OF SECTION 2921.331, SECTIONS 2921.34, 2921.35, 2921.36, 2923.12, 2923.121, 2923.122, 2923.123, 2923.13, 2923.131, 2923.15, 2923.16, 2923.161, 2923.17, 2923.19, 2923.20, 2923.21, 2923.211, 2925.02, 2925.03, 2925.04, 2925.05, 2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.33, DIVISIONS (B)(1), (2), (3), (8), (9), (10), (12), AND (14) OF SECTION 3715.52, SECTIONS 3716.02, 3716.11, 3719.05, 3719.06, 3719.07, 3719.08, 3719.13, 3719.16, 3719.161, DIVISIONS (B), (C), (D), AND (E) OF SECTION 3719.172, SECTIONS 3719.30, 3719.31, 3719.32, 3719.33, DIVISIONS (B), (C), (D), AND (E) OF SECTION 3737.51, SECTIONS 3737.61, 3737.62, DIVISION (A) OF SECTION 3737.63, SECTION 3737.64, DIVISIONS (A) and (B) OF SECTION 3737.65, SECTION 3737.66, DIVISION (D) OF SECTION 3737.73, SECTIONS 3741.07, 3743.60, 3743.61, 3743.63, 3743.64, 3743.65, 3743.66, 3749.09, 3751.04, 3761.12, 3761.16, 3767.29, 3773.05, 3773.06, 3773.07, 3773.21, 3773.211, 3791.05, 3791.06, CHAPTER 4511., CHAPTER 4513., SECTIONS 4549.01, 4549.02, 4549.021, 4561.15, 4561.24, AND DIVISIONS (A) AND (B) OF SECTION 4561.31 OF THE REVISED CODE AND TO VIOLATIONS OF MUNICIPAL ORDINANCES THAT ARE SUBSTANTIVELY COMPARABLE TO THE SECTIONS SPECIFIED IN THIS DIVISION.

(D) THE AMOUNT OF THE ADDITIONAL COSTS TO BE IMPOSED UNDER THIS SECTION ARE AS FOLLOWS:

(1) TWENTY-FIVE DOLLARS IF THE VIOLATION IS A FELONY;

(2) FIVE DOLLARS IF THE VIOLATION IS NOT A FELONY.

(E) NO PERSON SHALL BE PLACED OR HELD IN A DETENTION FACILITY FOR FAILING TO PAY THE ADDITIONAL COSTS IMPOSED UNDER THIS SECTION. WHEN A PERSON IS SUBJECT TO ADDITIONAL COSTS IMPOSED UNDER THIS SECTION, THERE ARE OTHER COSTS TO BE TAXED IN THE CASE, AND THE PERSON FAILS TO PAY THE ENTIRE AMOUNT OF THE COSTS, THE COURT, IN DETERMINING WHICH OF THE COSTS THE PAYMENT WILL BE APPLIED TO, SHALL GIVE PRIORITY TO PAYMENT OF THE COSTS IMPOSED UNDER THIS SECTION UNTIL THOSE COSTS HAVE BEEN PAID IN FULL. AS USED IN THIS DIVISION, "DETENTION FACILITY" HAS THE SAME MEANING AS IN SECTION 2921.01 OF THE REVISED CODE.

Sec. 2949.111. (A) As used in this section:

(1) "Costs" means any court costs that the court requires an offender to pay, any reimbursement for the costs of confinement that the court orders an offender to pay pursuant to section 2929.223 of the Revised Code, any fee for the costs of electronically monitored house arrest that an offender agrees to pay pursuant to section 2929.23 of the Revised Code, any reimbursement for the costs of an investigation or prosecution that the court orders an offender to pay pursuant to section 2929.28 of the Revised Code, or any other costs that the court orders an offender to pay.

(2) "Supervision fees" means any fees that a court, pursuant to section 2951.021 of the Revised Code and as a condition of probation, requires an offender who is placed on probation to pay for probation services or that a court, pursuant to section 2929.18 of the Revised Code, requires an offender who is under a community control sanction to pay for supervision services.

(3) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

(B) Unless the court, in accordance with division (C) of this section, enters in the record of the case a different method of assigning a payment toward the satisfaction of costs, restitution, a fine, or supervision fees, if a person who is charged with a misdemeanor is convicted of or pleads guilty to the offense, if the court orders the offender to pay any combination of costs, restitution, a fine, or supervision fees, and if the offender makes any payment to a clerk of court toward the satisfaction of the costs, restitution, fine, or supervision fees, the clerk of the court shall assign the offender's payment so made toward the satisfaction of the costs, restitution, fine, or supervision fees in the following manner:

(1) If the court ordered the offender to pay any costs, the offender's payment shall be assigned toward the satisfaction of the costs until the court costs have been entirely paid, WITH PRIORITY GIVEN TO THE SATISFACTION OF ANY COSTS IMPOSED UNDER SECTION 2949.093 OF THE REVISED CODE.

(2) If the court ordered the offender to pay any restitution and if all of the costs that the court ordered the offender to pay, if any, have been paid, the remainder of the offender's payment after any assignment required under division (B)(1) of this section shall be assigned toward the satisfaction of the restitution until the restitution has been entirely paid.

(3) If the court ordered the offender to pay any fine and if all of the costs and restitution that the court ordered the offender to pay, if any, have been paid, the remainder of the offender's payment after any assignments required under divisions (B)(1) and (2) of this section shall be assigned toward the satisfaction of the fine until the fine has been entirely paid.

(4) If the court ordered the offender to pay any supervision fees and if all of the costs, restitution, and fine that the court ordered the offender to pay, if any, have been paid, the remainder of the offender's payment after any assignments required under divisions (B)(1), (2), and (3) of this section shall be assigned toward the satisfaction of the supervision fees until the supervision fees have been entirely paid.

(C) If EXCEPT WITH REGARD TO COSTS IMPOSED UNDER SECTION 2949.093 OF THE REVISED CODE, IF a person who is charged with a misdemeanor is convicted of or pleads guilty to the offense and if the court orders the offender to pay any combination of costs, restitution, a fine, or supervision fees, the court, at the time it orders the offender to pay the combination of costs, restitution, a fine, or supervision fees, may prescribe a method of assigning payments that the person makes toward the satisfaction of the costs, restitution, fine, or supervision fees that differs from the method set forth in division (B) of this section. If the court prescribes a method of assigning payments under this division, the court shall enter in the record of the case the method so prescribed. Upon the entry in the record of the case of the method of assigning payments prescribed pursuant to this division, if the offender makes any payment to a clerk of court for the costs, restitution, fine, or supervision fees, the clerk of the court shall assign the payment so made toward the satisfaction of the costs, restitution, fine, or supervision fees in the manner prescribed by the court and entered in the record of the case instead of in the manner set forth in division (B) of this section.

Sec. 3375.50. All fines and penalties collected by, and moneys arising from forfeited bail in, a municipal court for offenses and misdemeanors brought for prosecution in the name of a municipal corporation under one of its penal ordinances, where there is in force a state statute under which the offense might be prosecuted, or brought for prosecution in the name of the state, except a portion of such fines, penalties, and moneys which, plus all costs collected monthly in such state cases, equal the compensation allowed by the board of county commissioners to the judges of the municipal court, its clerk, and the prosecuting attorney of such court in state cases, shall be retained by the clerk of such municipal court, and be paid by him THE CLERK forthwith, each month, to the board of trustees of the law library association in the county in which such municipal corporation is located. The sum so retained and paid by the clerk of the municipal court to the board of trustees of such law library association shall, in no month, be less than twenty-five per cent of the amount of such fines, penalties, and moneys received in that month, without deducting the amount of the allowance of the board of county commissioners to the judges, clerk, and prosecuting attorney.

The total amount paid under this section in any one calendar year by the clerks of all municipal courts in any one county to the board of trustees of such law library association shall in no event exceed the following amounts:

(A) In counties having a population of fifty thousand or less, seventy-five hundred dollars and the maximum amount paid by any of such courts shall not exceed four thousand dollars in any calendar year.

(B) In counties having a population in excess of fifty thousand but not in excess of one hundred thousand, eight thousand dollars and the maximum amount paid by any of such courts shall not exceed five thousand five hundred dollars in any calendar year.

(C) In counties having a population in excess of one hundred thousand but not in excess of one hundred fifty thousand, ten thousand dollars and the maximum amount paid by any of such courts shall not exceed seven thousand dollars in any calendar year.

(D) In counties having a population of in excess of one hundred fifty thousand, fifteen thousand dollars in any calendar year. The maximum amount to be paid by each such clerk shall be determined by the county auditor in December of each year for the next succeeding calendar year, and shall bear the same ratio to the total amount payable under this section from the clerks of all municipal courts in such county as the total fines, costs, and forfeitures received by the corresponding municipal court, bear to the total fines, costs, and forfeitures received by all the municipal courts in the county, as shown for the last complete year of actual receipts, on the latest available budgets of such municipal courts. Payments in the full amounts provided in this section shall be made monthly by each clerk in each calendar year until the maximum amount for such year has been paid. When such amount, so determined by the auditor, has been paid to the board of trustees of such law library association, then no further payments shall be required in that calendar year from the clerk of such court.

(E) This section does not apply to fines collected by a municipal court for violations of division (B) of section 4513.263 of the Revised Code, or for violations of any municipal ordinance that is substantively comparable to that division, all of which shall be forwarded to the treasurer of state as provided in division (E) of section 4513.263 of the Revised Code.

THIS SECTION DOES NOT APPLY TO ADDITIONAL COSTS COLLECTED PURSUANT TO SECTION 2949.093 of the Revised Code, WHICH SHALL BE ADMINISTERED AS PROVIDED IN THAT SECTION.

Sec. 3375.51. Fifty per cent of all moneys collected by a county court accruing from fines, penalties, and forfeited bail, unless otherwise distributed by law, shall be paid to the board of trustees of the law library association of the county by the county treasurer, upon the voucher of the county auditor within thirty days after such moneys have been paid into the county treasury by the clerk of the county court.

This section does not apply to fines collected by a county court for violations of division (B) of section 4513.263 of the Revised Code, or for violations of any municipal ordinance that is substantively comparable to that division, all of which shall be forwarded to the treasurer of state as provided in division (E) of section 4513.263 of the Revised Code.

THIS SECTION DOES NOT APPLY TO ADDITIONAL COSTS COLLECTED PURSUANT TO SECTION 2949.093 of the Revised Code, WHICH SHALL BE ADMINISTERED AS PROVIDED IN THAT SECTION.

Sec. 3375.52. In each county of the state, all fines and penalties collected by, and moneys arising from forfeited bail in the court of common pleas and the probate court of such county, for offenses and misdemeanors brought for prosecution in such courts in the name of the state, shall be retained and paid monthly by the clerk of such courts to the board of trustees of the law library association. The total sums so paid therefrom shall not exceed twelve hundred fifty dollars per annum, and when that amount has been paid to such board, in accordance with this section, then no further payments shall be required under this section in that calendar year from the clerks of such respective courts.

This section does not apply to fines collected by a court of common pleas for violations of division (B) of section 4513.263 of the Revised Code, all of which shall be forwarded to the treasurer of state as provided in division (E) of that section.

THIS SECTION DOES NOT APPLY TO ADDITIONAL COSTS COLLECTED PURSUANT TO SECTION 2949.093 of the Revised Code, WHICH SHALL BE ADMINISTERED AS PROVIDED IN THAT SECTION.

Sec. 3702.11. The director of health shall adopt rules establishing safety standards, quality-of-care standards, and quality-of-care data reporting requirements for each of the following:

(A) Solid organ and bone marrow transplantation;

(B) Stem cell harvesting and reinfusion;

(C) Cardiac catheterization;

(D) Open-heart surgery;

(E) Obstetric and newborn care;

(F) Pediatric intensive care;

(G) Operation of linear accelerators;

(H) Operation of cobalt radiation therapy units;

(I) Operation of gamma knives;

(J) TRAUMA CARE.

Sec. 3702.161. (A) AS USED IN THIS SECTION:

(1) "TRAUMA," "TRAUMA CARE," AND "TRAUMA CENTER" HAVE THE SAME MEANINGS AS IN SECTION 4765.01 OF THE REVISED CODE.

(2) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01 OF THE REVISED CODE.

(3) "STABILIZE" AND "TRANSFER" HAVE THE SAME MEANINGS AS IN SECTION 1753.28 OF THE REVISED CODE.

(B) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF HEALTH, AS REQUIRED UNDER SECTION 3702.11 OF THE REVISED CODE, SHALL ADOPT RULES FOR TRAUMA CARE. THE RULES SHALL BE DEVELOPED IN ACCORDANCE WITH DIVISION (C) OF THIS SECTION AND DO ALL OF THE FOLLOWING:

(1) ESTABLISH SAFETY AND QUALITY-OF-CARE STANDARDS FOR HOSPITALS THAT PROVIDE TRAUMA CARE THAT ARE EQUIVALENT TO THE STANDARDS USED BY THE AMERICAN COLLEGE OF SURGEONS TO VERIFY AND CATEGORIZE THE LEVEL OF TRAUMA CENTERS;

(2) PROVIDE THAT A HOSPITAL THAT DOCUMENTS IT IS VERIFIED AS A TRAUMA CENTER AT A PARTICULAR LEVEL BY THE AMERICAN COLLEGE OF SURGEONS IS DEEMED TO MEET THE SAFETY AND QUALITY-OF-CARE STANDARDS FOR TRAUMA CARE PROVIDED BY HOSPITALS AT THAT LEVEL;

(3) REQUIRE EACH HOSPITAL THAT PROVIDES TRAUMA CARE AND IS NOT VERIFIED AS A TRAUMA CENTER BY THE AMERICAN COLLEGE OF SURGEONS TO BE INSPECTED BY THE DIRECTOR OF HEALTH OR BY A CONTRACTOR OF THE DEPARTMENT OF HEALTH THAT HAS APPROPRIATE COMPETENCE AND INDEPENDENCE, AS PROVIDED IN DIVISION (B)(1) OF THIS SECTION AND SECTION 3702.15 of the Revised Code, AT LEAST ONCE EVERY THREE YEARS;

(4)(a) REQUIRE EACH HOSPITAL THAT IS VERIFIED AS A TRAUMA CENTER BY THE AMERICAN COLLEGE OF SURGEONS TO PROMPTLY NOTIFY THE DIRECTOR IF ITS VERIFICATION STATUS OR LEVEL CHANGES;

(b) REQUIRE EACH HOSPITAL THAT PROVIDES TRAUMA CARE UNDER THE RULES ADOPTED UNDER THIS SECTION AND IS NOT VERIFIED AS A TRAUMA CENTER BY THE AMERICAN COLLEGE OF SURGEONS TO PROMPTLY NOTIFY THE DIRECTOR IF THERE IS A MATERIAL CHANGE IN ITS ABILITY TO PROVIDE TRAUMA CARE AT THE LEVEL AT WHICH IT IS CATEGORIZED AS A TRAUMA CENTER.

(5) REQUIRE EACH HOSPITAL THAT PROVIDES TRAUMA CARE UNDER RULES ADOPTED UNDER THIS SECTION TO ADOPT AND FOLLOW WRITTEN PROTOCOLS FOR PEER REVIEW AND QUALITY IMPROVEMENT OF TRAUMA CARE;

(6) PROVIDE FOR ALL OF THE FOLLOWING WITH REGARD TO CERTIFICATES THAT EVIDENCE THE ELIGIBILITY OF HOSPITALS TO PROVIDE TRAUMA CARE UNDER RULES ADOPTED UNDER THIS SECTION:

(a) STANDARDS AND PROCEDURES FOR ISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES;

(b) PROCEDURES FOR APPEALS REGARDING THE ISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES;

(c) REQUIREMENTS FOR THE MAINTENANCE AND DISPLAY OR INSPECTION OF CERTIFICATES HELD BY TRAUMA CENTERS.

(C) IN DEVELOPING RULES PURSUANT TO THIS SECTION, THE DIRECTOR OF HEALTH SHALL CONSULT AND COOPERATE WITH THE STATE BOARD OF EMERGENCY MEDICAL SERVICES AND THE BOARD'S TRAUMA COMMITTEE, AND THE DIRECTOR SHALL CONSULT APPROPRIATE MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL SERVICE ORGANIZATIONS.

(D) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH HOSPITAL THAT IS NOT CATEGORIZED AS A LEVEL I OR LEVEL II TRAUMA CENTER UNDER THE RULES ADOPTED UNDER DIVISION (B) OF THIS SECTION SHALL ADOPT AND COMPLY WITH BOTH OF THE FOLLOWING:

(1) WRITTEN PROTOCOLS FOR EVALUATING, STABILIZING, AND TRANSFERRING TRAUMA PATIENTS TO HOSPITALS IN CATEGORIES OF TRAUMA CARE HIGHER THAN THAT OF THE TRANSFERRING HOSPITAL;

(2) A WRITTEN TRAUMA PATIENT TRANSFER AGREEMENT WITH ONE OR MORE HOSPITALS IN EACH CATEGORY OF TRAUMA CARE HIGHER THAN THAT OF THE TRANSFERRING HOSPITAL.

THE RULES FOR TRAUMA CARE ADOPTED BY THE DIRECTOR OF HEALTH UNDER SECTION 3702.11 OF THE REVISED CODE MAY ESTABLISH MINIMUM REQUIREMENTS FOR THE CONTENTS, MAINTENANCE, AND INSPECTION OF TRAUMA PATIENT TRANSFER AGREEMENTS. THE RULES SHALL TAKE INTO CONSIDERATION DIFFERENCES THROUGHOUT THIS STATE IN GEOGRAPHY AND THE DISTRIBUTION OF HEALTH CARE RESOURCES. THE RULES SHALL NOT REQUIRE THAT TRAUMA PATIENTS BE TRANSFERRED TO ANY PARTICULAR HOSPITAL.

(E) AFTER THE RULES DESCRIBED IN THIS SECTION ARE ADOPTED, THE FOLLOWING SHALL APPLY:

(1) NO HOSPITAL SHALL REPRESENT THAT IT CAN PROVIDE TRAUMA CARE INCONSISTENT WITH ITS LEVEL OF CATEGORIZATION AS A TRAUMA CENTER.

(2) NO HOSPITAL OR PHYSICIAN SHALL KNOWINGLY DO EITHER OF THE FOLLOWING:

(a) ADMIT TO A HOSPITAL A PATIENT WHO REQUIRES TRAUMA CARE THAT IS INCONSISTENT WITH THE HOSPITAL'S LEVEL OF CATEGORIZATION AS A TRAUMA CENTER;

(b) TRANSFER TO ANOTHER HOSPITAL A PATIENT WHO REQUIRES TRAUMA CARE THAT IS INCONSISTENT WITH THE OTHER HOSPITAL'S LEVEL OF CATEGORIZATION AS A TRAUMA CENTER.

(F) HOSPITALS THAT PROVIDE TRAUMA CARE SHALL DO BOTH OF THE FOLLOWING:

(1) COLLECT, MAINTAIN, AND REPORT TO THE STATE TRAUMA REGISTRY INFORMATION AS REQUIRED IN RULES ADOPTED UNDER SECTIONS 4765.08 AND 4765.11 OF THE REVISED CODE;

(2) COLLECT, MAINTAIN, AND REPORT TO THE OHIO HEALTH DATA CENTER, IN THE FORM AND MANNER PRESCRIBED BY THE DIRECTOR OF HEALTH, INFORMATION ON THE QUALITY OF TRAUMA CARE NEEDED BY THE DIRECTOR TO PERFORM THE QUALITY ASSURANCE FUNCTIONS REQUIRED BY THIS CHAPTER.

THE DIRECTOR OF HEALTH AND THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL CONSULT AND COOPERATE TO ELIMINATE DUPLICATIVE AND INCONSISTENT DATA COLLECTION, MAINTENANCE, AND REPORTING REQUIREMENTS FOR HOSPITALS IN RULES ADOPTED UNDER SECTIONS 3702.11 AND 4765.11 OF THE REVISED CODE.

Sec. 3729.17. (A) Except as provided in division (C) of this section, each health care provider rendering services to a patient whose care is paid in whole or in part by a public health care program shall report to the Ohio health care data center, in the form and manner prescribed by the director of health, the information listed in divisions (A)(1) and (2) of this section for each such patient included within any category listed under division (B) of this section. Any request involving quality data shall be in accordance with section 3729.36 of the Revised Code.

(1) The severity of the patient's condition;

(2) The patient's outcome and the effectiveness of the services rendered.

(B) The information specified in division (A) of this section shall be reported for the following categories of patients:

(1) Maternal and infant health patients;

(2) Intensive care unit patients;

(3) Long-term care patients;

(4) Patients with terminal illnesses;

(5) Patients with cardio-vascular disease;

(6) Patients receiving trauma care services;

(7) Patients with low back pain;

(8)(7) Any other category of patient selected by the director that is one of the one hundred high priority diagnoses and one hundred high priority medical procedures analyzed by the center under section 3729.12 of the Revised Code.

(C) A health care provider is not required to report the information required under division (A) of this section if the information is reported by a provider to another state or local governmental agency. In that case, the state or local agency shall report the information required by division (A) of this section to the data center in the form and manner prescribed by the director. A health care provider or state or local governmental agency also is not required to report the information required under division (A) of this section if reporting the information would violate a federal law or regulation or any provision of the Revised Code.

Sec. 3737.66. No (A) AS USED IN THIS SECTION, "FIREFIGHTING AGENCY" AND "PRIVATE FIRE COMPANY" HAVE THE SAME MEANINGS AS IN SECTION 9.60 of the Revised Code.

(B) NO person shall call himself, hold himself out as being, CLAIM TO THE PUBLIC TO BE or act as a fireman, volunteer fireman, fire fighter FIREFIGHTER, volunteer fire fighter FIREFIGHTER, member of a fire department, chief of a fire department, or fire prevention officer unless at least one of the following applies:

(A) He (1) THE PERSON is recognized as a fireman, volunteer fireman, fire fighter FIREFIGHTER, volunteer fire fighter FIREFIGHTER, member of a fire department, chief of a fire department, or fire prevention officer by the fire marshal or has received a certificate issued under former section 3303.07 or section 4765.55 of the Revised Code evidencing his satisfactory completion of a fire fighter FIREFIGHTER training program and has been appointed by the GOVERNING board of fire district trustees, township, or municipal corporation A FIREFIGHTING AGENCY or, in the case of a volunteer fire fighter FIREFIGHTER, receives such a certificate within one year after his appointment BY THE GOVERNING BOARD OF A FIREFIGHTING AGENCY;

(B) He (2) THE PERSON is a member of a private fire company as defined in division (A)(2) of section 9.60 of the Revised Code and that company is providing fire protection in accordance with division (B), (C), or (D) of section 9.60 of the Revised Code.

Sec. 4501.02. (A) There is hereby created in the department of public safety a bureau of motor vehicles, which shall be administered by a registrar of motor vehicles. The registrar shall be appointed by the director of public safety and shall serve at the director's pleasure.

The registrar shall administer the laws of the state relative to the registration of and certificates of title for motor vehicles, and the licensing of motor vehicle dealers, motor vehicle leasing dealers, distributors, and salespersons, and of motor vehicle salvage dealers, salvage motor vehicle auctions, and salvage motor vehicle pools. The registrar also shall, in accordance with section 4503.61 of the Revised Code, take those steps necessary to enter this state into membership in the international registration plan and carry out the registrar's other duties under that section. The registrar, with the approval of the director of public safety, may do all of the following:

(1) Adopt such forms and rules as are necessary to carry out all laws the registrar is required to administer;

(2) Appoint such number of assistants, deputies, clerks, stenographers, and other employees as are necessary to carry out such laws;

(3) Acquire or lease such facilities as are necessary to carry out the duties of the registrar's office.

The registrar shall give a bond for the faithful performance of the registrar's duties in such amount and with such security as the director approves. When in the opinion of the director it is advisable, any deputy or other employee may be required to give bond in such amount and with such security as the director approves. In the discretion of the director, the bonds authorized to be taken on deputies or other employees may be individual, schedule, or blanket bonds.

The director of public safety may investigate the activities of the bureau and have access to its records at any time, and the registrar shall make a report to the director at any time upon request.

All laws relating to the licensing of motor vehicle dealers, motor vehicle leasing dealers, distributors, and salespersons, and of motor vehicle salvage dealers, salvage motor vehicle auctions, and salvage motor vehicle pools, designating and granting power to the registrar shall be liberally construed to the end that the practice or commission of fraud in the business of selling motor vehicles and of disposing of salvage motor vehicles may be prohibited and prevented.

(B) There is hereby created in the department of public safety a division AN OFFICE of emergency medical services, which shall be administered by an executive director of emergency medical services appointed under section 4765.03 of the Revised Code.

Sec. 4501.11. (A) There is hereby created in the state treasury the security, investigations, and policing fund. Notwithstanding section 5503.04 of the Revised Code, no fines collected from or money arising from bonds or bail forfeited by persons apprehended or arrested by state highway patrol troopers shall be credited to the general revenue fund until sufficient revenue to fund appropriations for the activities described under division (B) of this section are credited to the security, investigations, and policing fund. All investment earnings of the security, investigations, and policing fund shall be credited to that fund.

This division does not apply to fines for violations of division (B) of section 4513.263 of the Revised Code, or to fines for violations of any municipal ordinance that is substantively comparable to that division, which fines shall be delivered to the treasurer of state as provided in division (E) of section 4513.263 of the Revised Code.

THIS DIVISION DOES NOT APPLY TO ADDITIONAL COSTS AND BAIL COLLECTED PURSUANT TO SECTION 2949.093 of the Revised Code, WHICH SHALL BE ADMINISTERED AS PROVIDED IN THAT SECTION.

(B) The money credited to the security, investigations, and policing fund shall be used to pay the costs of:

(1) Providing security for the governor, other officials and dignitaries, the capitol square, and other state property pursuant to division (E) of section 5503.02 of the Revised Code;

(2) Undertaking major criminal investigations that involve state property interests;

(3) Providing traffic control and security for the Ohio expositions commission on a full-time, year-round basis;

(4) Performing nonhighway-related duties of the state highway patrol at the Ohio state fair.

Sec. 4513.263. (A) As used in this section and in section 4513.99 of the Revised Code:

(1) "Automobile" means any commercial tractor, passenger car, commercial car, or truck that is required to be factory-equipped with an occupant restraining device for the operator or any passenger by regulations adopted by the United States secretary of transportation pursuant to the "National Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.

(2) "Occupant restraining device" means a seat safety belt, shoulder belt, harness, or other safety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum federal vehicle safety standards established by the United States department of transportation.

(3) "Passenger" means any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided.

(4) "Commercial tractor," "passenger car," and "commercial car" have the same meanings as in section 4501.01 of the Revised Code.

(5) "Vehicle" and "motor vehicle," as used in the definitions of the terms set forth in division (A)(4) of this section, have the same meanings as in section 4511.01 of the Revised Code.

(6) "Manufacturer" and "supplier" have the same meanings as in section 2307.71 of the Revised Code.

(7) "Tort action" means a civil action for damages for injury, death, or loss to person or property. "Tort action" includes a product liability claim but does not include a civil action for damages for a breach of contract or another agreement between persons.

(B) No person shall do any of the following:

(1) Operate an automobile on any street or highway unless that person is wearing all of the available elements of a properly adjusted occupant restraining device, or operate a school bus that has an occupant restraining device installed for use in its operator's seat unless that person is wearing all of the available elements of the device, as properly adjusted;

(2) Operate an automobile on any street or highway unless each passenger in the automobile who is subject to the requirement set forth in division (B)(3) of this section is wearing all of the available elements of a properly adjusted occupant restraining device;

(3) Occupy, as a passenger, a seating position on the front seat of an automobile being operated on any street or highway unless that person is wearing all of the available elements of a properly adjusted occupant restraining device;

(4) Operate a taxicab on any street or highway unless all factory-equipped occupant restraining devices in the taxicab are maintained in usable form.

(C) Division (B)(3) of this section does not apply to a person who is required by section 4511.81 of the Revised Code to be secured in a child restraint device. Division (B)(1) of this section does not apply to a person who is an employee of the United States postal service or of a newspaper home delivery service, during any period in which the person is engaged in the operation of an automobile to deliver mail or newspapers to addressees. Divisions (B)(1) and (3) of this section do not apply to a person who has an affidavit signed by a physician licensed to practice in this state under Chapter 4731. of the Revised Code or a chiropractor licensed to practice in this state under Chapter 4734. of the Revised Code that states that the person has a physical impairment that makes use of an occupant restraining device impossible or impractical.

(D) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of division (B) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.

(E) All fines collected for violations of division (B) of this section, or for violations of any ordinance or resolution of a political subdivision that is substantively comparable to that division, shall be forwarded to the treasurer of state for deposit as follows:

(1) Ten EIGHT per cent shall be deposited into the seat belt education fund, which is hereby created in the state treasury, and shall be used by the department of public safety to establish a seat belt education program.

(2) Ten EIGHT per cent shall be deposited into the elementary school program fund, which is hereby created in the state treasury, and shall be used by the department of public safety to establish and administer elementary school programs that encourage seat safety belt use.

(3) Until July 1, 1999, one per cent, and on and after July 1, 1999, two TWO per cent shall be deposited into the Ohio ambulance licensing trust fund created by section 4766.05 of the Revised Code.

(4) Twenty-eight per cent shall be deposited into the TRAUMA AND emergency medical services fund, which is hereby created in the state treasury, and shall be used by the department of public safety for the administration of the division of emergency medical services and THE state board of emergency medical services.

(5) Until July 1, 1999, fifty-one per cent, and on and after July 1, 1999, fifty FIFTY-FOUR per cent shall be deposited into the TRAUMA AND emergency medical services grants fund, which is hereby created in the state treasury, and shall be used by the state board of emergency medical services to make grants, in accordance with section 4765.07 of the Revised Code and the rules that the board adopts under section 4765.11 of the Revised Code, to emergency medical service organizations for the training of their personnel, for the purchase of equipment, and to improve the availability, accessibility, and quality of emergency medical services in this state.

(F) The failure of a person to wear all of the available elements of a properly adjusted occupant restraining device in violation of division (B)(1) or (3) of this section or the failure of a person to ensure that each minor who is a passenger of an automobile being operated by that person is wearing all of the available elements of a properly adjusted occupant restraining device in violation of division (B)(2) of this section shall be considered by the trier of fact in a tort action as contributory negligence or other tortious conduct or considered for any other relevant purpose if the failure contributed to the harm alleged in the tort action and may diminish pursuant to section 2315.19 or 2315.20 of the Revised Code a recovery of compensatory damages in a tort action; shall not be used as a basis for a criminal prosecution of the person other than a prosecution for a violation of this section; and shall not be admissible as evidence in a criminal action involving the person other than a prosecution for a violation of this section.

Sec. 4513.99. (A) Whoever violates division (C), (D), (E), or (F) of section 4513.241, section 4513.261, 4513.262, or 4513.36, or division (B)(3) of section 4513.60 of the Revised Code is guilty of a minor misdemeanor.

(B) Whoever violates section 4513.02 or 4513.021, or division (B)(4) of section 4513.263, or division (F) of section 4513.60 of the Revised Code is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense such person is guilty of a misdemeanor of the third degree.

(C) Whoever violates sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of the Revised Code, for which violation no penalty is otherwise provided, is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the third degree.

(D) Whoever violates section 4513.64 of the Revised Code is guilty of a minor misdemeanor, and shall also be assessed any costs incurred by the county, township, or municipal corporation in disposing of such abandoned junk motor vehicle, less any money accruing to the county, to the township, or to the municipal corporation from such disposal.

(E) Whoever violates section 4513.65 of the Revised Code is guilty of a minor misdemeanor on a first offense; on a second offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense, such person is guilty of a misdemeanor of the third degree.

(F) Whoever violates division (B)(1) of section 4513.263 of the Revised Code shall be fined twenty-five THIRTY dollars.

(G) Whoever violates division (B)(3) of section 4513.263 of the Revised Code shall be fined fifteen TWENTY dollars.

(H) Whoever violates section 4513.361 of the Revised Code is guilty of a misdemeanor of the first degree.

Sec. 4765.01. As used in this chapter:

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

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

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

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

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

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

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

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

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

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

(K) "Volunteer" means a person who provides emergency medical services either for no compensation or for compensation that does not exceed the actual expenses of service and training for INCURRED IN providing such THE services part time OR IN TRAINING TO PROVIDE THE SERVICES.

(L) "EMERGENCY MEDICAL SERVICE PERSONNEL" MEANS FIRST RESPONDERS, EMERGENCY MEDICAL SERVICE TECHNICIANS-BASIC, EMERGENCY MEDICAL SERVICE TECHNICIANS-INTERMEDIATE, EMERGENCY MEDICAL SERVICE TECHNICIANS-PARAMEDIC, AND PERSONS WHO PROVIDE MEDICAL DIRECTION TO SUCH PERSONS.

(M) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01 OF THE REVISED CODE.

(N) "TRAUMA" OR "TRAUMATIC INJURY" MEANS DAMAGE TO OR DESTRUCTION OF TISSUE THAT CREATES A RISK OF LOSS OF LIFE OR LIMB, SIGNIFICANT, PERMANENT DISFIGUREMENT, OR SIGNIFICANT, PERMANENT DISABILITY, AND IS CAUSED BY ANY OF THE FOLLOWING:

(1) BLUNT OR PENETRATING INJURY;

(2) EXPOSURE TO ELECTROMAGNETIC, CHEMICAL, OR RADIOACTIVE ENERGY;

(3) DROWNING, SUFFOCATION, OR STRANGULATION;

(4) A DEFICIT OR EXCESS OF HEAT.

(O) "TRAUMA VICTIM" OR "TRAUMA PATIENT" MEANS A PERSON WHO HAS SUSTAINED A TRAUMATIC INJURY.

(P) "TRAUMA CARE" MEANS THE ASSESSMENT, DIAGNOSIS, TRANSPORTATION, TREATMENT, OR REHABILITATION OF A TRAUMA VICTIM BY EMERGENCY MEDICAL SERVICE PERSONNEL OR BY A PHYSICIAN, NURSE, PHYSICIAN ASSISTANT, RESPIRATORY THERAPIST, PHYSICAL THERAPIST, CHIROPRACTOR, OCCUPATIONAL THERAPIST, SPEECH-LANGUAGE PATHOLOGIST, AUDIOLOGIST, OR PSYCHOLOGIST LICENSED TO PRACTICE AS SUCH IN THIS STATE OR ANOTHER JURISDICTION.

(Q) "TRAUMA CENTER" MEANS A HOSPITAL THAT IS QUALIFIED TO ADMIT PATIENTS FOR TRAUMA CARE UNDER RULES ADOPTED UNDER SECTIONS 3702.11 AND 3702.161 of the Revised Code.

(R) "PEDIATRIC" MEANS INVOLVING A PERSON WHO IS LESS THAN SIXTEEN YEARS OF AGE.

(S) "AIR MEDICAL ORGANIZATION" MEANS AN ORGANIZATION THAT PROVIDES EMERGENCY MEDICAL SERVICES, OR TRANSPORTS EMERGENCY VICTIMS, BY MEANS OF FIXED OR ROTARY WING AIRCRAFT.

Sec. 4765.02. There is hereby created the state board of emergency medical services within the division OFFICE of emergency medical services of the department of public safety. The board shall consist of eighteen members who are residents of this state. The governor, with the advice and consent of the senate, shall appoint seventeen THE members of the board. In making the appointments, the governor shall appoint only members with background or experience in emergency medical services or trauma care and shall attempt to include members representing urban and rural areas and the various geographical regions of the state.

One member of the board shall be a physician certified by the American board of emergency medicine or the American osteopathic board of emergency medicine who is in the active practice of emergency medicine and is actively involved with an emergency medical service organization. The governor shall appoint this member from among three persons nominated by the Ohio chapter of the American college of emergency physicians. One member shall be a physician certified by the American board of surgery or the American osteopathic board of surgery who is active in the practice of TRAUMA surgery and is actively involved with emergency medical services. The governor shall appoint this member from among three persons nominated by the Ohio chapter of the American college of surgeons. One member shall be a physician certified by the American academy of pediatricians who is active in the practice of pediatric emergency medicine and actively involved with an emergency medical service organization. The governor shall appoint this member from among three persons nominated by the Ohio chapter of the American academy of pediatricians PEDIATRICS. One member shall be the administrator of a hospital with an active emergency room. BEGINNING WITH THE HOSPITAL ADMINISTRATOR NEXT APPOINTED TO THE BOARD MORE THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, AND CONTINUING THEREAFTER, THE HOSPITAL ADMINISTRATOR SHALL BE FROM A HOSPITAL THAT ACTIVELY PROVIDES TRAUMA CARE IN ACCORDANCE WITH RULES ADOPTED UNDER SECTIONS 3702.11 AND 3702.161 of the Revised Code. The governor shall appoint this member from among three persons nominated by the Ohio hospital association. One member shall be a registered nurse who is in the active practice of emergency nursing. The governor shall appoint this member from among three persons nominated by the Ohio nurses association and three persons nominated by the Ohio state council of the emergency nurses association. One member shall be the chief of a fire department that is also an emergency medical service organization in which more than fifty per cent of the persons who provide emergency medical services are full-time paid employees. The governor shall appoint this member from among three persons nominated by the Ohio fire chiefs' association. One member shall be the chief of a fire department that is also an emergency medical service organization in which more than fifty per cent of the persons who provide emergency medical services are volunteers. The governor shall appoint this member from among three persons nominated by the Ohio fire chief's CHIEFS' association. One member shall be a person who is certified to teach under section 4765.23 of the Revised Code or, if the board has not yet certified persons to teach under that section, a person who is qualified to be certified to teach under that section. The governor shall appoint this member from among three persons nominated by the Ohio emergency medical technician instructors association and the Ohio instructor/coordinators' society. One member shall be an EMT-basic, one shall be an EMT-I, and one shall be a paramedic. The governor shall appoint these members from among three EMTs-basic, three EMTs-I, and three paramedics nominated by the Ohio association of professional fire fighters and three EMTs-basic, three EMTs-I, and three paramedics nominated by the northern Ohio fire fighters. One member shall be an EMT-basic, one shall be an EMT-I, and one shall be a paramedic whom the governor shall appoint from among three EMTs-basic, three EMTs-I, and three paramedics nominated by the Ohio state firefighter's association. One member shall be a person whom the governor shall appoint from among an EMT-basic, an EMT-I, and a paramedic nominated by the Ohio association of emergency medical services. The governor shall appoint one member who is an EMT-basic, EMT-I, or paramedic affiliated with an emergency medical services organization. One member shall be a member of the Ohio ambulance association whom the governor shall appoint from among three persons nominated by the Ohio ambulance association. ONE MEMBER SHALL BE A PHYSICIAN CERTIFIED BY THE AMERICAN BOARD OF SURGERY, AMERICAN BOARD OF OSTEOPATHIC SURGERY, OR AMERICAN COLLEGE OF EMERGENCY PHYSICIANS WHO IS THE CHIEF MEDICAL OFFICER OF AN AIR MEDICAL AGENCY AND IS CURRENTLY ACTIVE IN PROVIDING EMERGENCY MEDICAL SERVICES. THE GOVERNOR SHALL APPOINT THIS MEMBER FROM AMONG THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION OF AIR MEDICAL SERVICES.

The director of public safety shall designate an employee of the department of public safety to serve as a member of the board at the director's pleasure. This member shall serve as a liaison between the department and the division of emergency medical services in cooperation with the executive director of the board.

The governor may refuse to appoint any of the persons nominated by one or more organizations under this section. However, if the governor refuses to appoint any of the persons nominated by one or more organizations under this section, IN THAT EVENT, the organization or organizations shall continue to nominate the required number of persons to the governor until the governor does appoint APPOINTS to the board one or more of the persons nominated by the organization or organizations.

Initial appointments to the board by the governor and the director of public safety shall be made within ninety days after the effective date of this amendment NOVEMBER 12, 1992. Of the initial appointments by the governor, five shall be for terms ending one year after the effective date of this amendment NOVEMBER 12, 1992, six shall be for terms ending two years after the effective date of this amendment NOVEMBER 12, 1992, and six shall be for terms ending three years after the effective date of this amendment NOVEMBER 12, 1992. Thereafter, terms of office of all members appointed by the governor shall be for three years, each term ending on the same day of the same month as did the term it succeeds. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. A member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.

Each vacancy shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of the unexpired term.

The term of a member shall expire if the member ceases to meet any of the requirements to be appointed as that member. The governor may remove any member from office for neglect of duty, malfeasance, misfeasance, or nonfeasance, after an adjudication hearing held in accordance with Chapter 119. of the Revised Code.

The members of the board shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in carrying out their duties as board members.

The board shall organize by annually selecting a chair AND VICE-CHAIR from among its members. Ten THE BOARD MAY ADOPT BYLAWS TO REGULATE ITS AFFAIRS. A MAJORITY OF ALL members of the board shall constitute a quorum. No action shall be taken without the concurrence of ten members A MAJORITY OF ALL MEMBERS OF THE BOARD. The board shall meet at least four times annually and at the call of the chair. The chair shall call a meeting on the request of the executive director or the medical director of the board or on the written request of ten FIVE members. THE BOARD SHALL MAINTAIN WRITTEN OR ELECTRONIC RECORDS OF ITS MEETINGS.

UPON TWENTY-FOUR HOURS' NOTICE FROM A MEMBER OF THE BOARD, THE MEMBER'S EMPLOYER SHALL RELEASE THE MEMBER FROM THE MEMBER'S EMPLOYMENT DUTIES TO ATTEND MEETINGS OF THE FULL BOARD. NOTHING IN THIS PARAGRAPH REQUIRES THE EMPLOYER OF A MEMBER OF THE BOARD TO COMPENSATE THE MEMBER FOR TIME THE MEMBER IS RELEASED FROM EMPLOYMENT DUTIES UNDER THIS PARAGRAPH, BUT ANY CIVIL IMMUNITY, WORKERS' COMPENSATION, DISABILITY, OR SIMILAR COVERAGE THAT APPLIES TO A MEMBER OF THE BOARD AS A RESULT OF THE MEMBER'S EMPLOYMENT SHALL CONTINUE TO APPLY WHILE THE MEMBER IS RELEASED FROM EMPLOYMENT DUTIES UNDER THIS PARAGRAPH.

Sec. 4765.03. (A) The director of public safety shall appoint a full-time executive director for the state board of emergency medical services. The executive director shall be knowledgeable in emergency medical services AND TRAUMA CARE and shall serve at the pleasure of the director of public safety. The director of public safety shall appoint the executive director from among three persons nominated by the board. The director of public safety may refuse, for cause, to appoint any of the board's nominees. If the director fails to appoint any of the board's nominees, the board shall continue to nominate groups of three persons until the director does appoint one of the board's nominees. The executive director shall serve as the chief executive officer of the board and as the executive director CHIEF of the division OFFICE of emergency medical services. He THE EXECUTIVE DIRECTOR shall attend each meeting of the board, except meeting THE BOARD MAY EXCLUDE THE EXECUTIVE DIRECTOR FROM DISCUSSIONS concerning the appointment or terms of employment OR PERFORMANCE of an THE executive director OR MEDICAL DIRECTOR of the board. The executive director shall give a surety bond to the state in such sum as the board determines, conditioned on the faithful performance of the duties of his THE EXECUTIVE DIRECTOR'S office. The executive director shall receive a salary from the board and shall be reimbursed for his actual and necessary expenses incurred in carrying out his duties as executive director.

The executive director of the board shall submit a report to the director of public safety AT LEAST every three months regarding the status of emergency medical services in this state. The executive director of the board shall meet with the director of public safety at the director's request.

(B) The board shall appoint a medical director, who shall serve at the pleasure of the board. The medical director shall be a physician certified by the American board of emergency medicine or the American osteopathic board of emergency medicine who is active in the practice of emergency medicine and has been actively involved with an emergency medical service organization for at least five years prior to his appointment BEING APPOINTED. The board may accept SHALL CONSIDER ANY recommendations for this appointment from the Ohio chapter of the American college of emergency physicians, THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF SURGEONS, THE OHIO CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS, the Ohio osteopathic association, and the Ohio state medical association.

The medical director shall direct the executive director and advise the board with regard to TRAUMA AND emergency medical services issues. He THE MEDICAL DIRECTOR shall attend each meeting of the board, except meetings THE BOARD MAY EXCLUDE THE MEDICAL DIRECTOR FROM DISCUSSIONS concerning the appointment OR PERFORMANCE of a THE medical director OR EXECUTIVE DIRECTOR of the board. The medical director shall be employed and paid by the board as a consultant and shall be reimbursed for his actual and necessary expenses incurred in carrying out his duties as medical director.

(C) The board may appoint employees as it determines necessary. The board shall prescribe the duties and titles of its employees.

Sec. 4765.04. (A) THE FIREFIGHTER AND FIRE SAFETY INSPECTOR TRAINING COMMITTEE OF THE STATE BOARD OF EMERGENCY MEDICAL SERVICES IS HEREBY CREATED AND SHALL CONSIST OF THE MEMBERS OF THE BOARD WHO ARE CHIEFS OF FIRE DEPARTMENTS, AND THE MEMBERS OF THE BOARD WHO ARE EMERGENCY MEDICAL TECHNICIANS-BASIC, EMERGENCY MEDICAL TECHNICIANS-INTERMEDIATE, AND EMERGENCY MEDICAL TECHNICIANS-PARAMEDIC APPOINTED FROM AMONG PERSONS NOMINATED BY THE OHIO ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS OR THE NORTHERN OHIO FIRE FIGHTERS AND FROM AMONG PERSONS NOMINATED BY THE OHIO STATE FIREFIGHTER'S ASSOCIATION. EACH MEMBER OF THE COMMITTEE, EXCEPT THE CHAIRPERSON, MAY DESIGNATE A PERSON WITH FIRE EXPERIENCE TO SERVE IN THAT MEMBER'S PLACE. THE MEMBERS OF THE COMMITTEE OR THEIR DESIGNEES SHALL SELECT A CHAIRPERSON FROM AMONG THE MEMBERS OR THEIR DESIGNEES.

(B) THE TRAUMA COMMITTEE OF THE STATE BOARD OF EMERGENCY MEDICAL SERVICES IS HEREBY CREATED AND SHALL CONSIST OF THE FOLLOWING MEMBERS APPOINTED BY THE DIRECTOR OF PUBLIC SAFETY:

(1) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF SURGERY OR AMERICAN OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY PRACTICES GENERAL TRAUMA SURGERY, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF SURGEONS, THREE PERSONS NOMINATED BY THE OHIO STATE MEDICAL ASSOCIATION, AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION;

(2) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF SURGERY OR THE AMERICAN OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY PRACTICES ORTHOPEDIC TRAUMA SURGERY, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO ORTHOPEDIC SOCIETY;

(3) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF NEUROLOGICAL SURGEONS OR THE AMERICAN OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY PRACTICES NEUROSURGERY ON TRAUMA VICTIMS, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO STATE NEUROLOGICAL SOCIETY;

(4) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF SURGEONS OR AMERICAN OSTEOPATHIC BOARD OF SURGEONS AND ACTIVELY SPECIALIZES IN TREATING BURN VICTIMS, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF SURGEONS;

(5) A DENTIST WHO IS CERTIFIED BY THE AMERICAN BOARD OF ORAL AND MAXILLOFACIAL SURGERY AND ACTIVELY PRACTICES ORAL AND MAXILLOFACIAL SURGERY, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO DENTAL ASSOCIATION;

(6) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF PHYSICAL MEDICINE AND REHABILITATION AND ACTIVELY PROVIDES REHABILITATIVE CARE TO TRAUMA VICTIMS, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO SOCIETY OF PHYSICAL MEDICINE AND REHABILITATION;

(7) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN ACADEMY OF PEDIATRICS AND THE AMERICAN BOARD OF SURGERY OR AMERICAN OSTEOPATHIC BOARD OF SURGERY AND ACTIVELY PRACTICES PEDIATRIC TRAUMA SURGERY, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS;

(8) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, ACTIVELY PRACTICES EMERGENCY MEDICINE, AND IS ACTIVELY INVOLVED IN EMERGENCY MEDICAL SERVICES, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS;

(9) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF PEDIATRICS AND AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, ACTIVELY PRACTICES PEDIATRIC EMERGENCY MEDICINE, AND IS ACTIVELY INVOLVED IN EMERGENCY MEDICAL SERVICES, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS;

(10) A PHYSICIAN WHO IS CERTIFIED BY THE AMERICAN BOARD OF SURGERY, AMERICAN OSTEOPATHIC BOARD OF SURGERY, OR THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS AND IS THE CHIEF MEDICAL OFFICER OF AN AIR MEDICAL ORGANIZATION, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION OF AIR MEDICAL SERVICES;

(11) A CORONER OR MEDICAL EXAMINER APPOINTED FROM AMONG THREE PEOPLE NOMINATED BY THE OHIO STATE CORONERS' ASSOCIATION;

(12) A REGISTERED NURSE WHO ACTIVELY PRACTICES TRAUMA NURSING AT A TRAUMA CENTER, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION OF TRAUMA NURSE COORDINATORS;

(13) A REGISTERED NURSE WHO ACTIVELY PRACTICES EMERGENCY NURSING AND IS ACTIVELY INVOLVED IN EMERGENCY MEDICAL SERVICES, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO CHAPTER OF THE EMERGENCY NURSES' ASSOCIATION;

(14) THE CHIEF TRAUMA REGISTRAR OF A TRAUMA CENTER, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE ALLIANCE OF OHIO TRAUMA REGISTRARS;

(15) THE ADMINISTRATOR OF A HOSPITAL THAT HAS AN ACTIVE EMERGENCY DEPARTMENT AND IS VERIFIED AS A TRAUMA CENTER BY THE AMERICAN COLLEGE OF SURGEONS OR OTHERWISE PROVIDES TRAUMA CARE UNDER RULES ADOPTED UNDER SECTIONS 3702.11 AND 3702.161 OF THE REVISED CODE, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION OF HOSPITALS AND HEALTH SYSTEMS;

(16) THE OPERATOR OF AN AMBULANCE COMPANY THAT ACTIVELY PROVIDES TRAUMA CARE TO EMERGENCY PATIENTS, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO AMBULANCE ASSOCIATION;

(17) THE CHIEF OF A FIRE DEPARTMENT THAT ACTIVELY PROVIDES TRAUMA CARE TO EMERGENCY PATIENTS, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO FIRE CHIEFS' ASSOCIATION;

(18) AN EMT OR PARAMEDIC WHO IS CERTIFIED UNDER THIS CHAPTER AND ACTIVELY PROVIDES TRAUMA CARE TO EMERGENCY PATIENTS, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, THREE PERSONS NOMINATED BY THE NORTHERN OHIO FIRE FIGHTERS, THREE PERSONS NOMINATED BY THE OHIO STATE FIREFIGHTERS' ASSOCIATION, AND THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION OF EMERGENCY MEDICAL SERVICES;

(19) A PERSON WHO ACTIVELY ADVOCATES FOR TRAUMA VICTIMS, APPOINTED FROM THREE PERSONS NOMINATED BY THE OHIO BRAIN INJURY ASSOCIATION AND THREE PERSONS NOMINATED BY THE GOVERNOR'S COUNCIL ON PEOPLE WITH DISABILITIES.

MEMBERS OF THE COMMITTEE SHALL HAVE SUBSTANTIAL EXPERIENCE IN THE CATEGORIES THEY REPRESENT, SHALL BE RESIDENTS OF THIS STATE, AND MAY BE MEMBERS OF THE STATE BOARD OF EMERGENCY MEDICAL SERVICES. IN APPOINTING MEMBERS OF THE COMMITTEE, THE DIRECTOR SHALL INCLUDE MEMBERS REPRESENTING URBAN AND RURAL AREAS AND THE VARIOUS GEOGRAPHICAL AREAS OF THE STATE. THE DIRECTOR SHALL NOT APPOINT TO THE COMMITTEE MORE THAN ONE MEMBER WHO IS EMPLOYED BY OR PRACTICES AT THE SAME HOSPITAL, HEALTH SYSTEM, OR EMERGENCY MEDICAL SERVICES ORGANIZATION.

THE DIRECTOR MAY REFUSE TO APPOINT ANY OF THE PERSONS NOMINATED BY AN ORGANIZATION OR ORGANIZATIONS UNDER THIS DIVISION. IN THAT EVENT, THE ORGANIZATION OR ORGANIZATIONS SHALL CONTINUE TO NOMINATE THE REQUIRED NUMBER OF PERSONS UNTIL THE DIRECTOR APPOINTS TO THE COMMITTEE ONE OR MORE OF THE PERSONS NOMINATED BY THE ORGANIZATION OR ORGANIZATIONS.

INITIAL APPOINTMENTS TO THE COMMITTEE SHALL BE MADE BY THE DIRECTOR NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. MEMBERS OF THE COMMITTEE SHALL SERVE AT THE PLEASURE OF THE DIRECTOR, EXCEPT THAT ANY MEMBER OF THE COMMITTEE WHO CEASES TO BE QUALIFIED FOR THE POSITION TO WHICH THE MEMBER WAS APPOINTED SHALL CEASE TO BE A MEMBER OF THE COMMITTEE. VACANCIES ON THE COMMITTEE SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.

THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION, BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN CARRYING OUT DUTIES AS MEMBERS OF THE COMMITTEE.

THE COMMITTEE SHALL SELECT A CHAIRPERSON AND VICE-CHAIRPERSON FROM AMONG ITS MEMBERS. A MAJORITY OF ALL MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM. NO ACTION SHALL BE TAKEN WITHOUT THE CONCURRENCE OF A MAJORITY OF ALL MEMBERS OF THE COMMITTEE. THE COMMITTEE SHALL MEET AT THE CALL OF THE CHAIR, UPON WRITTEN REQUEST OF FIVE MEMBERS OF THE COMMITTEE, AND AT THE DIRECTION OF THE STATE BOARD OF EMERGENCY MEDICAL SERVICES. THE COMMITTEE SHALL NOT MEET AT TIMES OR LOCATIONS THAT CONFLICT WITH MEETINGS OF THE BOARD. THE EXECUTIVE DIRECTOR AND MEDICAL DIRECTOR OF THE OFFICE OF EMERGENCY MEDICAL SERVICES MAY PARTICIPATE IN ANY MEETING OF THE COMMITTEE AND SHALL DO SO AT THE REQUEST OF THE COMMITTEE.

THE COMMITTEE SHALL ADVISE AND ASSIST THE STATE BOARD OF EMERGENCY MEDICAL SERVICES AND THE DIRECTOR OF HEALTH IN MATTERS RELATED TO TRAUMA CARE AND THE ESTABLISHMENT AND OPERATION OF THE STATE TRAUMA REGISTRY. IN MATTERS RELATING TO THE STATE TRAUMA REGISTRY, THE BOARD AND THE COMMITTEE SHALL CONSULT WITH TRAUMA REGISTRARS FROM TRAUMA CENTERS IN THE STATE. THE COMMITTEE MAY APPOINT A SUBCOMMITTEE TO ADVISE AND ASSIST WITH THE TRAUMA REGISTRY. THE SUBCOMMITTEE MAY INCLUDE PERSONS WITH EXPERTISE RELEVANT TO THE TRAUMA REGISTRY WHO ARE NOT MEMBERS OF THE BOARD OR COMMITTEE.

(C) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES MAY APPOINT OTHER COMMITTEES AND SUBCOMMITTEES AS IT CONSIDERS NECESSARY.

(D) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES, AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES, MAY REQUEST ASSISTANCE FROM ANY STATE AGENCY. THE BOARD AND ITS COMMITTEES AND SUBCOMMITTEES MAY PERMIT PERSONS WHO ARE NOT MEMBERS OF THOSE BODIES TO PARTICIPATE IN DELIBERATIONS OF THOSE BODIES, BUT NO PERSON WHO IS NOT A MEMBER OF THE BOARD SHALL VOTE ON THE BOARD AND NO PERSON WHO IS NOT A MEMBER OF A COMMITTEE CREATED UNDER DIVISIONS (A) OR (B) OF THIS SECTION SHALL VOTE ON THAT COMMITTEE.

(E) SECTION 101.84 of the Revised Code DOES NOT APPLY TO THE COMMITTEES ESTABLISHED UNDER DIVISIONS (A) AND (B) OF THIS SECTION.

Sec. 4765.05. As used in this section, "prehospital emergency medical services" means an emergency medical services system that provides medical services to patients who require immediate assistance, because of illness or injury, prior to their arrival at an emergency medical facility.

The state board of emergency medical services shall divide the state into prehospital emergency medical services regions for purposes of overseeing the delivery of prehospital emergency medical services. These regions shall consist of the same geographic regions as the health service areas designated by the director of health under section 3702.58 of the Revised Code. For each region, the board shall appoint either a physician to serve as the regional director or a physician advisory board to serve as the regional advisory board. The board shall specify the duties of each regional director and regional advisory board. Regional directors and members of regional advisory boards shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in carrying out their duties as regional directors and members of regional advisory boards.

Sec. 4765.06. (A) The state board of emergency medical services shall establish an emergency medical services incidence reporting system for the collection of information regarding the delivery of emergency medical services in this state and the frequency at which the services are provided. All emergency medical service organizations shall submit to the board any information that the board determines is necessary for maintaining the incidence reporting system.

(B) The board shall establish a trauma system registry to be used for the collection of information regarding the care of trauma victims in this state. The registry shall provide for the reporting of trauma-related deaths, identification of trauma patients, monitoring of trauma patient care data, determination of the total amount of uncompensated trauma care provided annually by each facility that provides care to trauma victims, and collection of any other information specified by the board. All THE FOLLOWING PURPOSES:

(1) TO COLLECT AND PROVIDE ACCURATE, CURRENT, AND COMPREHENSIVE INFORMATION ON THE OCCURRENCE OF TRAUMATIC INJURY AND ON THE AVAILABILITY, COST, AND QUALITY OF TRAUMA CARE IN THIS STATE;

(2) TO IMPROVE THE QUALITY OF TRAUMA CARE BY FACILITATING PEER REVIEW AND QUALITY ASSURANCE BY PROVIDERS OF EMERGENCY MEDICAL SERVICES AND TRAUMA CARE;

(3) TO IMPROVE RESEARCH AND EDUCATION ON TRAUMA AND EFFORTS TO PREVENT TRAUMATIC INJURY, INCLUDING PROGRAMS OF THE BUREAU OF WORKERS' COMPENSATION, DEPARTMENT OF PUBLIC SAFETY, DEPARTMENT OF HEALTH, DEPARTMENT OF AGRICULTURE, AND OTHER PUBLIC AND PRIVATE ENTITIES THAT DEAL WITH WORKPLACE, CONSUMER, DOMESTIC, AND PUBLIC SAFETY.

(C) THE INFORMATION CONTAINED IN THE TRAUMA REGISTRY SHALL INCLUDE ALL OF THE FOLLOWING:

(1) THE CAUSES, LOCATIONS, TIMES, AND NATURE OF TRAUMATIC INJURIES;

(2) THE COST OF TRAUMA CARE PROVIDED BY EMERGENCY MEDICAL SERVICE ORGANIZATIONS, HOSPITALS, AND FACILITIES THAT PROVIDE POST-HOSPITAL TRAUMA CARE;

(3) THE DISTRIBUTION OF TRAUMA VICTIMS AMONG EMERGENCY MEDICAL SERVICE ORGANIZATIONS, HOSPITALS, AND FACILITIES THAT PROVIDE CARE TO TRAUMA VICTIMS AFTER HOSPITALIZATION;

(4) PATIENT OUTCOMES FOR RECIPIENTS OF TRAUMA CARE, INCLUDING THE NUMBER AND CAUSES OF TRAUMA-RELATED DISABILITIES AND DEATHS;

(5) ANY OTHER TRAUMA-RELATED INFORMATION SPECIFIED BY THE BOARD.

ALL persons designated by the board shall submit to the board any information it determines is necessary for maintaining the registry. At the request of the board any state agency possessing information regarding trauma patient care shall provide the information to the board. The board shall maintain the registry in accordance with rules adopted under section 4765.11 of the Revised Code.

In accordance with standards established in rules adopted under section 4765.11 of the Revised Code, the board shall maintain the confidentiality of any information collected under this section that would identify a specific patient of emergency medical services or trauma care, except as otherwise provided in section 149.43 of the Revised Code.

(D) THE BOARD AND ANY EMPLOYEE OR CONTRACTOR OF THE BOARD OR THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT MAKE PUBLIC INFORMATION IT RECEIVES UNDER CHAPTER 3702. OR 4765. OF THE REVISED CODE THAT IDENTIFIES OR WOULD TEND TO IDENTIFY A SPECIFIC RECIPIENT OF EMERGENCY MEDICAL SERVICES OR TRAUMA CARE.

(E) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THE BOARD SHALL ADOPT AND IMPLEMENT RULES UNDER SECTION 4765.11 OF THE REVISED CODE THAT PROVIDE WRITTEN STANDARDS AND PROCEDURES FOR RISK ADJUSTMENT OF INFORMATION RECEIVED BY THE BOARD UNDER CHAPTER 3702. OR 4765. OF THE REVISED CODE. THE RULES SHALL BE DEVELOPED IN CONSULTATION WITH THE DIRECTOR OF HEALTH AND APPROPRIATE MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL SERVICES ORGANIZATIONS; AND MAY PROVIDE FOR RISK ADJUSTMENT BY A CONTRACTOR OF THE BOARD. BEFORE RISK ADJUSTMENT STANDARDS AND PROCEDURES ARE IMPLEMENTED, THE BOARD AND NO EMPLOYEE OR CONTRACTOR OF THE BOARD OR THE DEPARTMENT OF PUBLIC SAFETY SHALL MAKE PUBLIC INFORMATION RECEIVED BY THE BOARD UNDER CHAPTER 3702. OR 4765. OF THE REVISED CODE THAT IDENTIFIES OR WOULD TEND TO IDENTIFY A SPECIFIC PROVIDER OF EMERGENCY MEDICAL SERVICES OR TRAUMA CARE. AFTER RISK ADJUSTMENT STANDARDS AND PROCEDURES ARE IMPLEMENTED, THE BOARD SHALL MAKE PUBLIC SUCH INFORMATION ONLY ON A RISK ADJUSTED BASIS.

(F) THE BOARD SHALL ADOPT RULES UNDER SECTION 4765.11 OF THE REVISED CODE THAT SPECIFY PROCEDURES FOR ENSURING THE CONFIDENTIALITY OF INFORMATION THAT IS NOT TO BE MADE PUBLIC UNDER THIS SECTION. THE RULES SHALL SPECIFY THE CIRCUMSTANCES IN WHICH DELIBERATIONS OF THE PERSONS PERFORMING RISK ADJUSTMENT FUNCTIONS UNDER THIS SECTION ARE NOT OPEN TO THE PUBLIC AND RECORDS OF THOSE DELIBERATIONS ARE MAINTAINED IN CONFIDENCE. NOTHING IN THIS SECTION PROHIBITS THE BOARD FROM MAKING PUBLIC STATISTICAL INFORMATION THAT DOES NOT IDENTIFY OR TEND TO IDENTIFY A SPECIFIC RECIPIENT OR PROVIDER OF EMERGENCY MEDICAL SERVICES OR TRAUMA CARE.

(G) No provider that furnishes information, data, reports, or records to the board with respect to any patient the provider examined or treated shall, because of this furnishing, be deemed liable in damages to any person or be held to answer for betrayal of a professional confidence pursuant to section 4731.22 of the Revised Code IN THE ABSENCE OF WILLFUL OR WANTON MISCONDUCT. No such information, data, reports, or records shall be subject to introduction in evidence in any civil action against the provider. No provider that furnishes information, data, reports, or records to the board shall be liable for the misuse or improper release of the information, data, reports, or records by the board, any other public agency, or any other person.

This section does not restrict, and shall not be construed to restrict, public access to any information used or considered by the board in preparing any report, unless the information is not a public record under section 149.43 of the Revised Code NO PERSON WHO PERFORMS RISK ADJUSTMENT FUNCTIONS UNDER THIS SECTION SHALL, BECAUSE OF PERFORMING SUCH FUNCTIONS, BE HELD LIABLE IN A CIVIL ACTION FOR BETRAYAL OF PROFESSIONAL CONFIDENCE OR OTHERWISE IN THE ABSENCE OF WILLFUL OR WANTON MISCONDUCT.

Sec. 4765.07. (A) The state board of emergency medical services shall establish an emergency medical services ADOPT RULES UNDER SECTION 4765.11 of the Revised Code TO ESTABLISH AND ADMINISTER A grant program under which grants are equitably distributed ACCORDING TO THE FOLLOWING PRIORITIES:

(1) FIRST PRIORITY SHALL BE GIVEN to emergency medical service organizations for the training of their personnel, for the purchase of equipment AND VEHICLES, and to improve the availability, accessibility, and quality of emergency medical services in this state. The IN THIS CATEGORY, THE BOARD SHALL GIVE PRIORITY TO GRANTS THAT FUND TRAINING AND EQUIPPING OF EMERGENCY MEDICAL SERVICES PERSONNEL.

(2) SECOND PRIORITY SHALL BE GIVEN TO ENTITIES THAT RESEARCH THE CAUSES, NATURE, AND EFFECTS OF TRAUMATIC INJURIES, EDUCATE THE PUBLIC ABOUT INJURY PREVENTION, AND IMPLEMENT, TEST, AND EVALUATE INJURY PREVENTION STRATEGIES.

(3) THIRD PRIORITY SHALL BE GIVEN TO ENTITIES THAT RESEARCH, TEST, AND EVALUATE PROCEDURES THAT PROMOTE THE REHABILITATION, RETRAINING, AND REEMPLOYMENT OF TRAUMA VICTIMS AND SOCIAL SERVICE SUPPORT MECHANISMS FOR TRAUMA VICTIMS AND THEIR FAMILIES.

(4) FOURTH PRIORITY SHALL BE GIVEN TO ENTITIES THAT RESEARCH, TEST, AND EVALUATE MEDICAL PROCEDURES RELATED TO TRAUMA CARE.

(B) THE grant program shall be funded with moneys provided under FROM THE TRAUMA AND EMERGENCY MEDICAL SERVICES GRANTS FUND CREATED BY section 4513.263 of the Revised Code. The board shall administer the grant program in accordance with procedures established in rules adopted under section 4765.11 of the Revised Code. The board shall give priority, in distributing grants, to those grants that will be used to provide training to personnel. MONEY CREDITED TO THE TRAUMA AND EMERGENCY MEDICAL SERVICES GRANTS FUND MAY BE USED FOR PURPOSES NOT SPECIFIED IN DIVISION (A) OF THIS SECTION ONLY TO THE EXTENT THE BOARD DETERMINES THEY EXCEED REASONABLY FORESEEABLE FUNDING NEEDS UNDER THAT DIVISION, AND THEN UPON SUCH TERMS AS THE BOARD MAY DETERMINE.

Sec. 4765.09. The state board of emergency medical services shall prepare recommendations for the operation of ambulance service organizations, AIR MEDICAL ORGANIZATIONS, and emergency medical service organizations. Within thirty days following each meeting of the board THE PREPARATION OR MODIFICATION OF RECOMMENDATIONS, the board shall notify the board of county commissioners of any county, the board of township trustees of any township, the board of trustees of any joint ambulance district, or the board of trustees of any joint emergency medical services district in which there exist ambulance service organizations, AIR MEDICAL 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 AND MEDICAL AIRCRAFT;

(B) The design, equipment, and supplies for ambulances AND MEDICAL AIRCRAFT, INCLUDING SPECIAL EQUIPMENT, SUPPLIES, TRAINING, AND STAFFING REQUIRED TO ASSIST PEDIATRIC AND GERIATRIC EMERGENCY VICTIMS;

(C) The minimum number and type of personnel for the operation of ambulances AND MEDICAL AIRCRAFT;

(D) The communication systems necessary for the operation of ambulances AND MEDICAL AIRCRAFT;

(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, AIR MEDICAL 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 APPROPRIATE state fire marshal's office OFFICES in coordinating the training of firefighters and emergency medical services personnel when possible. The office OTHER STATE OFFICES THAT ARE INVOLVED IN THE TRAINING OF FIREFIGHTERS OR EMERGENCY MEDICAL SERVICES PERSONNEL shall cooperate with the board AND ITS COMMITTEES AND SUBCOMMITTEES 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 first responders, EMTs-basic, EMTs-I, 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. 4765.11. (A) The state board of emergency medical services shall adopt, and may amend and rescind, rules in accordance with Chapter 119. of the Revised Code and division (C) of this section that establish all of the following:

(1) Procedures for its governance and the control of its actions and business affairs;

(2) Standards for the performance of emergency medical services by first responders, emergency medical technicians-basic, emergency medical technicians-intermediate, and emergency medical technicians-paramedic;

(3) Application fees for certificates of accreditation, certificates of approval, certificates to teach, and certificates to practice, which shall be deposited into the TRAUMA AND emergency medical services fund created in section 4513.263 of the Revised Code;

(4) Procedures CRITERIA for determining when the application or renewal fee for a certificate to practice may be waived because an applicant cannot afford to pay the fee;

(5) Procedures for issuance and renewal of certificates of accreditation, certificates of approval, certificates to teach, and certificates to practice, INCLUDING ANY PROCEDURES NECESSARY TO ENSURE THAT ADEQUATE NOTICE OF RENEWAL IS PROVIDED IN ACCORDANCE WITH DIVISION (D) OF SECTION 4765.30 of the Revised Code;

(6) Procedures for suspending or revoking certificates of accreditation, certificates of approval, certificates to teach, and certificates to practice;

(7) Grounds for suspension or revocation of a certificate to practice issued under section 4765.30 of the Revised Code and for taking any other disciplinary action against a first responder, EMT-basic, EMT-I, or paramedic;

(8) Procedures for taking disciplinary action against a first responder, EMT-basic, EMT-I, or paramedic;

(9) Standards for certificates of accreditation and certificates of approval;

(10) Qualifications for certificates to teach;

(11) Requirements for a certificate to practice;

(12) The curricula, number of hours of instruction and training, and instructional materials to be used in emergency medical services training programs and emergency medical services continuing education programs;

(13) Procedures for conducting courses in recognizing symptoms of life-threatening allergic reactions and in calculating proper dosage levels and administering injections of epinephrine to persons who suffer life-threatening allergic reactions;

(14) Examinations for certificates to practice;

(15) Procedures for administering examinations for certificates to practice;

(16) Procedures for approving examinations that demonstrate competence to have a certificate to practice renewed without completing an emergency medical services continuing education program;

(17) Procedures for granting extensions and exemptions of emergency medical services continuing education requirements;

(18) Procedures for approving the additional emergency medical services first responders are authorized by division (C) of section 4765.35 of the Revised Code to perform, EMTs-basic are authorized by division (C) of section 4765.37 of the Revised Code to perform, EMTs-I are authorized by division (B)(5) of section 4765.38 of the Revised Code to perform, and paramedics are authorized by division (B)(6) of section 4765.39 of the Revised Code to perform;

(19) Standards and procedures for maintaining the trauma system registry established under IMPLEMENTING THE REQUIREMENTS OF section 4765.06 of the Revised Code, including designations of the persons who are required to report information to the board and the types of information to be reported;

(20) Standards for protecting the confidentiality of all information the board 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;

(21) Procedures for administering the emergency medical services grant program established under section 4765.07 of the Revised Code;

(22)(21) Procedures consistent with Chapter 119. of the Revised Code for appealing decisions of the board;

(22) MINIMUM QUALIFICATIONS AND PEER REVIEW AND QUALITY IMPROVEMENT REQUIREMENTS FOR PERSONS WHO PROVIDE MEDICAL DIRECTION TO EMERGENCY MEDICAL SERVICES PERSONNEL.

(B) The board may adopt, and may amend and rescind, rules in accordance with Chapter 119. of the Revised Code and division (C) of this section that establish the following:

(1) Specifications of information that may be collected under the trauma system registry and incidence reporting system created under section 4765.06 of the Revised Code;

(2) Standards and procedures for implementing any of the recommendations made by the advisory groups established under section 4765.04 4757.57 of the Revised Code;

(3) Requirements that a person must meet to receive a certificate to practice as a first responder pursuant to division (A)(2) of section 4765.30 of the Revised Code;

(4) Any other rules necessary to implement this chapter.

(C) IN DEVELOPING AND ADMINISTERING RULES ADOPTED UNDER THIS CHAPTER, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL CONSULT WITH REGIONAL DIRECTORS AND REGIONAL PHYSICIAN ADVISORY BOARDS CREATED BY SECTION 4765.05 of the Revised Code.

(D) IN DEVELOPING AND ADMINISTERING RULES RELATING TO TRAUMA TRIAGE PROTOCOLS FOR EMERGENCY MEDICAL SERVICES ORGANIZATIONS, AND THE TRAUMA REGISTRY, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL CONSULT AND COOPERATE WITH THE DIRECTOR OF HEALTH TO PREVENT DUPLICATION AND INCONSISTENCIES BETWEEN RULES ADOPTED UNDER CHAPTERS 3702. AND 4765. of the Revised Code.

(E) Except as otherwise provided in this division, before adopting, amending, or rescinding any rule under this chapter, the board shall submit the proposed rule to the director of public safety for review. The director may review the proposed rule for not more than sixty days after the date it is submitted. If, within this sixty-day period, the director approves the proposed rule or does not notify the board that the rule is disapproved, the board may adopt, amend, or rescind the rule as proposed. If, within this sixty-day period, the director notifies the board that the proposed rule is disapproved, the board shall not adopt, amend, or rescind the rule as proposed unless at least twelve members of the board vote to adopt, amend, or rescind it.

This division does not apply to an emergency rule adopted in accordance with section 119.03 of the Revised Code.

Sec. 4765.12. (A) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL DEVELOP AND DISTRIBUTE GUIDELINES FOR THE CARE OF TRAUMA VICTIMS BY EMERGENCY MEDICAL SERVICES PERSONNEL AND FOR THE CONDUCT OF PEER REVIEW AND QUALITY ASSURANCE PROGRAMS BY EMERGENCY MEDICAL SERVICES ORGANIZATIONS. THE GUIDELINES SHALL BE CONSISTENT WITH THE TRAUMA TRIAGE PROTOCOLS ADOPTED IN RULES UNDER SECTIONS 4567.11 AND 4567.40 OF THE REVISED CODE AND SHALL PLACE EMPHASIS ON THE SPECIAL NEEDS OF PEDIATRIC AND GERIATRIC TRAUMA VICTIMS. IN DEVELOPING THE GUIDELINES, THE BOARD SHALL CONSULT WITH ENTITIES WITH INTERESTS IN TRAUMA AND EMERGENCY MEDICAL SERVICES AND SHALL CONSIDER ANY RELEVANT GUIDELINES ADOPTED BY NATIONAL ORGANIZATIONS, INCLUDING THE AMERICAN COLLEGE OF SURGEONS, AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, AND AMERICAN ACADEMY OF PEDIATRICS. THE BOARD SHALL DISTRIBUTE THE GUIDELINES, AND AMENDMENTS TO THE GUIDELINES, TO EACH EMERGENCY MEDICAL SERVICES ORGANIZATION, REGIONAL DIRECTOR AND REGIONAL PHYSICIANS ADVISORY BOARD, CERTIFIED EMERGENCY MEDICAL SERVICES INSTRUCTOR, AND PERSON WHO REGULARLY PROVIDES MEDICAL DIRECTION TO EMERGENCY MEDICAL SERVICES PERSONNEL IN THIS STATE.

(B) NOT LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH EMERGENCY MEDICAL SERVICES ORGANIZATION IN THIS STATE SHALL IMPLEMENT ONGOING PEER REVIEW AND QUALITY ASSURANCE PROGRAMS DESIGNED TO IMPROVE THE AVAILABILITY AND QUALITY OF THE EMERGENCY MEDICAL SERVICES IT PROVIDES. THE FORM AND CONTENT OF THE PROGRAMS SHALL BE DETERMINED BY EACH EMERGENCY MEDICAL SERVICES ORGANIZATION. IN IMPLEMENTING THE PROGRAMS, EACH EMERGENCY MEDICAL SERVICES ORGANIZATION SHALL CONSIDER HOW TO IMPROVE ITS ABILITY TO PROVIDE EFFECTIVE TRAUMA CARE, PARTICULARLY FOR PEDIATRIC AND GERIATRIC TRAUMA VICTIMS, AND SHALL TAKE INTO ACCOUNT THE TRAUMA CARE GUIDELINES DEVELOPED BY THE BOARD UNDER THIS SECTION.

Sec. 4765.15. A person seeking to operate an emergency medical services training program shall submit a completed application for accreditation to the state board of emergency medical services on a form the board shall prescribe and furnish. The application shall be accompanied by the appropriate application fee established in rules adopted under section 4765.11 of the Revised Code.

A person seeking to operate an emergency medical services continuing education program shall submit a completed application for approval to the board on a form the board shall prescribe and furnish. The application shall be accompanied by the appropriate application fee established in rules adopted under section 4765.11 of the Revised Code.

The board shall administer the accreditation and approval processes pursuant to rules adopted under section 4765.11 of the Revised Code. In administering these processes, the board may authorize OTHER persons or other entities to evaluate applications for accreditation or approval and may accept the recommendations made by the entities THOSE PERSONS.

The board may cause an investigation to be made into the accuracy of the information submitted in any application for accreditation or approval. If an investigation indicates that false, misleading, or incomplete information has been submitted to the board in connection with any application for accreditation or approval, the board shall conduct a hearing on the matter in accordance with Chapter 119. of the Revised Code.

Sec. 4765.16. (A) All courses offered through an emergency medical services training program or an emergency medical services continuing education program, other than ambulance driving, shall be developed under the direction of a physician who specializes in emergency medicine AND IN CONSULTATION WITH A PHYSICIAN WHO SPECIALIZES IN TRAUMA SURGERY. On and after the date the state board of emergency medical services begins issuing certificates to teach under section 4765.23 of the Revised Code, each EACH course offered through a training program or continuing education program shall be taught by a person who holds the appropriate certificate to teach issued under that section 4765.23 of the Revised Code.

(B) A training program for first responders shall meet the standards established in rules adopted by the STATE board OF EMERGENCY MEDICAL SERVICES under section 4765.11 of the Revised Code. The program shall include courses in both of the following areas for at least the number of hours established by the board's rules:

(1) Emergency victim care;

(2) Reading and interpreting a trauma victim's vital signs.

(C) A training program for emergency medical technicians-basic shall meet the standards established in rules adopted by the state board of emergency medical services under section 4765.11 of the Revised Code. The program shall include courses in each of the following areas for at least the number of hours established by the board's rules:

(1) Emergency victim care;

(2) Reading and interpreting a trauma victim's vital signs;

(3) TRIAGE PROTOCOLS FOR TRAUMA VICTIMS;

(4) In-hospital training;

(4)(5) Clinical training;

(5)(6) Training as an ambulance driver.

Each operator of a training program for emergency medical technicians-basic shall allow any pupil in the twelfth grade in a secondary school who is at least seventeen years old and who otherwise meets the requirements for admission into such a training program to be admitted to and complete the program and, as part of the training, to ride in an ambulance with emergency medical technicians-basic, emergency medical technicians-intermediate, and emergency medical technicians-paramedic. Each emergency medical service organization shall allow pupils participating in training programs to ride in an ambulance with emergency medical technicians-basic, advanced emergency medical technicians-intermediate, and emergency medical technicians-paramedic.

(D) A training program for emergency medical technicians-intermediate shall meet the standards established in rules adopted by the board under section 4765.11 of the Revised Code. The program shall include, OR REQUIRE AS A PREREQUISITE, THE TRAINING SPECIFIED IN DIVISION (C) OF THIS SECTION AND courses in each of the following areas for at least the number of hours established by the board's rules:

(1) Recognizing symptoms of life-threatening allergic reactions and in calculating proper dosage levels and administering injections of epinephrine to persons who suffer life-threatening allergic reactions, conducted in accordance with rules adopted by the board under section 4765.11 of the Revised Code;

(2) Venous access procedures;

(3) Cardiac monitoring and electrical interventions to support or correct the cardiac function.

(E) A training program for emergency medical technicians-paramedic shall meet the standards established in rules adopted by the board under section 4765.11 of the Revised Code. The program shall include, OR REQUIRE AS A PREREQUISITE, THE TRAINING SPECIFIED IN DIVISIONS (C) AND (D) OF THIS SECTION AND courses in each of the following areas for at least the number of hours established by the board's rules:

(1) Medical terminology;

(2) Venous access procedures;

(3) Airway procedures;

(4) Patient assessment and triage;

(5) Acute cardiac care, including administration of parenteral injections, electrical interventions, and other emergency medical services;

(6) Emergency and trauma victim care beyond that required under division (B)(C) of this section;

(7) Clinical training beyond that required under division (B)(C) of this section.

(F) A continuing education program for first responders, EMTs-basic, EMTs-I, or paramedics shall meet the standards established in rules adopted by the board under section 4765.11 of the Revised Code. A continuing education program shall include instruction and training in subjects established by the board's rules for at least the number of hours established by the board's rules.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) A certificate to practice is valid for three years and may be renewed by the board pursuant to procedures established in rules adopted under section 4765.11 of the Revised Code. An NOT LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION DATE OF AN INDIVIDUAL'S CERTIFICATE TO PRACTICE, THE BOARD SHALL NOTIFY THE INDIVIDUAL OF THE SCHEDULED EXPIRATION AND FURNISH AN APPLICATION FOR RENEWAL.

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

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

(2) That the applicant has successfully passed an examination approved by the board under division (A) of section 4765.10 THAT DEMONSTRATES THE COMPETENCE TO HAVE A CERTIFICATE RENEWED WITHOUT COMPLETING AN EMERGENCY MEDICAL SERVICES CONTINUING EDUCATION PROGRAM. THE BOARD SHALL APPROVE SUCH EXAMINATIONS IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4765.11 of the Revised Code.

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

Sec. 4765.32. A current, valid certificate of accreditation issued under the provisions of former section 3303.11 or 3303.23 of the Revised Code shall remain valid until one year after the expiration date of the certificate as determined by the provisions of those sections and shall confer the same privileges and impose the same responsibilities and requirements as a certificate of accreditation issued by the state board of emergency medical services under section 4765.17 of the Revised Code.

A current, valid certificate of competency of an emergency medical technician-ambulance, advanced emergency medical technician-ambulance, or emergency medical technician-paramedic issued under the provisions of former section 3303.15 of the Revised Code shall remain valid for two years after the expiration date of the certificate as determined by the provisions of that section and shall confer the same privileges and impose the same responsibilities and requirements as a certificate to practice issued by the state board of emergency medical services under section 4765.30 of the Revised Code.

A certificate to practice as an emergency medical technician-ambulance that is valid on the effective date of this amendment NOVEMBER 24, 1995, shall be considered a certificate to practice as an emergency medical technician-basic. A certificate to practice as an advanced emergency medical technician-ambulance that is valid on the effective date of this amendment NOVEMBER 24, 1995, shall be considered a certificate to practice as an emergency medical technician-intermediate.

Sec. 4765.35. (A) A first responder shall perform the emergency medical services described in this section in accordance with this chapter and any rules adopted under it.

(B) A first responder may provide limited emergency medical services to patients until the arrival of an emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic. In an emergency, a first responder may render emergency medical services such as opening and maintaining an airway, giving mouth to barrier ventilation, chest compressions, electrical interventions with automated defibrillators to support or correct the cardiac function and other methods determined by the board, controlling of hemorrhage, manual stabilization of fractures, bandaging, and assisting in childbirth, AND DETERMINING TRIAGE OF TRAUMA VICTIMS.

(C) A first responder 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 a first responder 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, a first responder may perform services subject to this division, if, in the judgment of the first responder, 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 FOR TRIAGE OF TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY APPLICABLE PROTOCOLS ADOPTED by the emergency medical service organization with which the first responder is affiliated.

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, AND DETERMINING TRIAGE OF TRAUMA VICTIMS. 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 FOR TRIAGE OF TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY APPLICABLE PROTOCOLS ADOPTED by the emergency medical service organization with which the EMT-basic is affiliated.

Sec. 4765.38. (A) An emergency medical technician-intermediate shall perform the emergency medical services described in this section in accordance with this chapter and any rules adopted under it.

(B) An EMT-I may do any of the following:

(1) Establish and maintain an intravenous lifeline that has been approved by a cooperating physician or physician advisory board;

(2) Perform cardiac monitoring;

(3) Perform electrical interventions to support or correct the cardiac function;

(4) Administer epinephrine;

(5) DETERMINE TRIAGE OF TRAUMA VICTIMS;

(6) Perform any other emergency medical services approved pursuant to rules adopted under section 4765.11 of the Revised Code.

(C)(1) Except as provided in division (C)(2) of this section, the services described in division (B) of this section shall be performed by an EMT-I 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-I may perform any of the services described in division (B) of this section, if, in the judgment of the EMT-I, 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 FOR TRIAGE OF TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY APPLICABLE PROTOCOLS ADOPTED by the emergency medical service organization with which the EMT-I is affiliated.

Sec. 4765.39. (A) An emergency medical technician-paramedic shall perform the emergency medical services described in this section in accordance with this chapter and any rules adopted under it.

(B) A paramedic may do any of the following:

(1) Perform cardiac monitoring;

(2) Perform electrical interventions to support or correct the cardiac function;

(3) Perform airway procedures;

(4) Perform relief of pneumothorax;

(5) Administer appropriate drugs and intravenous fluids;

(6) DETERMINE TRIAGE OF TRAUMA VICTIMS;

(7) Perform any other emergency medical services, including life support or intensive care techniques, approved pursuant to rules adopted under section 4765.11 of the Revised Code.

(C)(1) Except as provided in division (C)(2) of this section, the services described in division (B) of this section shall be performed by a paramedic 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, a paramedic may perform any of the services described in division (B) of this section, if, in his THE PARAMEDIC'S judgment, 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 FOR TRIAGE OF TRAUMA VICTIMS ESTABLISHED IN RULES ADOPTED UNDER SECTIONS 4765.11 AND 4765.40 of the Revised Code AND ANY APPLICABLE PROTOCOLS ADOPTED by the emergency medical service organization with which the paramedic is affiliated.

Sec. 4765.40. The medical director or cooperating physician advisory board of each emergency medical service organization shall establish written protocols to be followed by first responders, emergency medical technicians-basic, emergency medical technicians-intermediate, and emergency medical technicians-paramedic in performing emergency medical services when communications have failed or the required response time prevents communication and the life of the patient is in immediate danger.

(A) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL ADOPT RULES UNDER SECTION 4765.11 OF THE REVISED CODE ESTABLISHING WRITTEN PROTOCOLS FOR THE TRIAGE OF TRAUMA VICTIMS. THE RULES SHALL DEFINE TRAUMA IN A MANNER THAT IS CONSISTENT WITH THE DEFINITION OF TRAUMA IN SECTION 4765.01 OF THE REVISED CODE AND IS DESIGNED TO MINIMIZE OVERTRIAGE AND UNDERTRIAGE IN ADDRESSING THE NEEDS OF PERSONS WITH SEVERE INJURIES OR BURNS THAT REQUIRE SPECIALIZED TRAUMA CARE.

(B) THE TRIAGE PROTOCOLS IN RULES ADOPTED UNDER DIVISION (A) OF THIS SECTION SHALL REQUIRE A TRAUMA VICTIM TO BE TRANSPORTED DIRECTLY TO A TRAUMA CENTER THAT IS QUALIFIED TO PROVIDE APPROPRIATE TRAUMA CARE UNDER STANDARDS ESTABLISHED IN RULES ADOPTED UNDER SECTIONS 3702.11 AND 3702.161 OF THE REVISED CODE, UNLESS ONE OR MORE OF THE FOLLOWING EXCEPTIONS APPLIES:

(1) IT IS MEDICALLY NECESSARY TO TRANSPORT THE VICTIM TO ANOTHER HOSPITAL FOR INITIAL ASSESSMENT AND STABILIZATION BEFORE TRANSFER TO A TRAUMA CENTER;

(2) IT IS UNSAFE OR MEDICALLY INAPPROPRIATE TO TRANSPORT THE VICTIM DIRECTLY TO A TRAUMA CENTER DUE TO ADVERSE WEATHER OR GROUND CONDITIONS OR EXCESSIVE TRANSPORT TIME;

(3) TRANSPORTING THE VICTIM TO A TRAUMA CENTER WOULD CAUSE A SHORTAGE OF LOCAL EMERGENCY MEDICAL SERVICE RESOURCES;

(4) NO APPROPRIATE TRAUMA CENTER IS ABLE TO RECEIVE AND PROVIDE TRAUMA CARE TO THE VICTIM WITHOUT UNDUE DELAY.

(C) THE TRIAGE RULES SHALL NOT REQUIRE A TRAUMA PATIENT TO BE TRANSPORTED TO A PARTICULAR TRAUMA CENTER. THE TRIAGE RULES SHALL NOT PROHIBIT OR RESTRICT THE ADOPTION OF LOCAL OR REGIONAL TRIAGE GUIDELINES THAT DIRECT TO TRAUMA CENTERS EMERGENCY VICTIMS THAT WOULD NOT BE TRANSPORTED TO A TRAUMA CENTER UNDER TRIAGE RULES ADOPTED BY THE BOARD. IN DEVELOPING THE TRIAGE RULES, THE BOARD SHALL CONSIDER RELEVANT MODEL TRIAGE RULES AND SHALL CONSULT WITH REGIONAL DIRECTORS, REGIONAL PHYSICIAN ADVISORY BOARDS, AND APPROPRIATE MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL SERVICES ORGANIZATIONS. THE BOARD SHALL PROVIDE COPIES OF THE TRIAGE RULES, AND AMENDMENTS TO THE RULES, TO EACH EMERGENCY MEDICAL SERVICES ORGANIZATION, REGIONAL DIRECTOR AND REGIONAL PHYSICIAN ADVISORY BOARD, CERTIFIED EMERGENCY MEDICAL SERVICES INSTRUCTOR, AND PERSON WHO REGULARLY PROVIDES MEDICAL DIRECTION TO EMERGENCY MEDICAL SERVICES PERSONNEL IN THE STATE; TO EACH MEDICAL SERVICES ORGANIZATION IN OTHER JURISDICTIONS THAT REGULARLY PROVIDE EMERGENCY MEDICAL SERVICES IN THIS STATE; AND TO OTHERS UPON REQUEST.

(D) NO PROVIDER OF EMERGENCY MEDICAL SERVICES OR PERSON WHO PROVIDES MEDICAL DIRECTION TO EMERGENCY MEDICAL SERVICES PERSONNEL IN THIS STATE SHALL FAIL TO COMPLY WITH THE TRIAGE PROTOCOLS ESTABLISHED IN RULES ADOPTED UNDER DIVISION (A) OF THIS SECTION.

(E) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL ADOPT RULES UNDER SECTION 4765.11 of the Revised Code THAT PROVIDE FOR ENFORCEMENT OF THE RULES ADOPTED UNDER DIVISION (A) OF THIS SECTION AND FOR EDUCATION REGARDING THOSE RULES FOR EMERGENCY MEDICAL SERVICES ORGANIZATIONS AND PERSONNEL, REGIONAL DIRECTORS AND REGIONAL PHYSICIAN ADVISORY BOARDS, EMERGENCY MEDICAL SERVICES INSTRUCTORS, AND PERSONS WHO REGULARLY PROVIDE MEDICAL DIRECTION TO EMERGENCY MEDICAL SERVICES PERSONNEL IN THIS STATE.

Sec. 4765.41. THE MEDICAL DIRECTOR OR COOPERATING PHYSICIAN ADVISORY BOARD OF EACH EMERGENCY MEDICAL SERVICE ORGANIZATION SHALL ESTABLISH WRITTEN PROTOCOLS TO BE FOLLOWED BY FIRST RESPONDERS, EMERGENCY MEDICAL TECHNICIANS-BASIC, EMERGENCY MEDICAL TECHNICIANS-INTERMEDIATE, AND EMERGENCY MEDICAL TECHNICIANS-PARAMEDIC IN PERFORMING EMERGENCY MEDICAL SERVICES WHEN COMMUNICATIONS HAVE FAILED OR THE REQUIRED RESPONSE PREVENTS COMMUNICATION AND THE LIFE OF THE PATIENT IS IN IMMEDIATE DANGER.

THE PROTOCOLS SHALL BE CONSISTENT WITH PROTOCOLS FOR THE TRIAGE OF TRAUMA VICTIMS ADOPTED UNDER RULES PURSUANT TO SECTIONS 4765.11 AND 4765.40 of the Revised Code, BUT MAY DIRECT TO A TRAUMA CENTER EMERGENCY VICTIMS THAT THOSE RULES DO NOT REQUIRE TO BE TRANSPORTED TO A TRAUMA CENTER.

Sec. 4765.50. (A) Except as provided in division (D) of this section, no person shall represent that the person is a first responder, an emergency medical technician-basic or EMT-basic, an emergency medical technician-intermediate or EMT-I, or an emergency medical technician-paramedic or paramedic unless appropriately certified under section 4765.30 of the Revised Code.

(B)(1) No person shall operate an emergency medical services training program without a certificate of accreditation issued under section 4765.17 of the Revised Code.

(2) No person shall operate an emergency medical services continuing education program without a certificate of approval issued under section 4765.17 of the Revised Code.

(C) No public or private entity shall advertise or disseminate information leading the public to believe that the entity is an emergency medical service organization, unless that entity actually provides emergency medical services.

(D) A person who is performing the functions of a first responder, EMT-basic, EMT-I, or paramedic under the authority of the laws of a state that borders JURISDICTION OTHER THAN this state, who is employed by or serves as a volunteer with an emergency medical service organization based in that state, and provides emergency medical services to or transportation of a patient in this state is not in violation of division (A) of this section.

A person who is performing the functions of a first responder, EMT-basic, EMT-I, or paramedic under a reciprocal agreement authorized by section 4765.10 of the Revised Code is not in violation of division (A) of this section.

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

(B) The executive director of the state board of emergency medical services shall, with the advice and counsel of the subcommittee FIREFIGHTER AND FIRE SAFETY INSPECTOR TRAINING COMMITTEE of the state board of emergency medical services for firefighter and fire safety inspector training, assist in the establishment and maintenance by any state agency, or any county, township, city, village, school district, or educational service center of a fire service training program for the training of all paid and volunteer firefighters and fire safety inspectors in this state. The executive director, with the advice and counsel of the subcommittee COMMITTEE, shall adopt standards to regulate such firefighter and fire safety inspector training programs. The standards may include, but need not be limited to, provisions for minimum courses of study, minimum hours of instruction, attendance requirements, required equipment and facilities, qualifications of instructors, basic physical and methods training required of firefighters and fire safety inspectors, and training schedules. The standards adopted to regulate training programs for volunteer firefighters shall not require more than thirty-six hours of training. The executive director, with the advice and counsel of the subcommittee COMMITTEE, shall provide for the classification and chartering of such training programs and may revoke any charter for failure to meet standards.

(C) Certificates issued under this division shall be prescribed by the executive director, with the advice and counsel of the subcommittee FIREFIGHTER AND FIRE INSPECTOR TRAINING COMMITTEE of the state board of emergency medical services for firefighter and fire safety inspector training.

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

(2) The executive director, with the subcommittee's COMMITTEE'S advice and counsel, shall establish criteria for evaluating the standards maintained by other states and the branches of the United States military for firefighter training programs to determine whether the standards are equivalent to those established under this section and shall establish requirements and procedures for issuing a certificate to each person who presents proof to the executive director of having satisfactorily completed a training program that meets those standards.

(3) The executive director, with the subcommittee's COMMITTEE'S advice and counsel, shall establish requirements and procedures for issuing a certificate in lieu of completing a chartered firefighter training program to any person requesting a certificate who began serving as a permanent full-time paid firefighter with the fire department of a city or village prior to July 2, 1970, or as a volunteer firefighter with the fire department of a township, fire district, city, or village prior to July 2, 1979.

(D) The subcommittee of the state board of emergency medical services for firefighter and fire safety inspector training is hereby created and shall consist of the member of the state board of emergency medical services who is appointed by the director of public safety, the members of the board who are chiefs of fire departments, and the members of the board who are emergency medical technicians-basic, emergency medical technicians-intermediate, and emergency medical technicians-paramedic appointed to the board from among persons nominated by the Ohio association of professional fire fighters or the northern Ohio fire fighters and from among persons nominated by the Ohio state firefighter's association. The chairperson of the subcommittee shall be the member of the board who is appointed by the director of public safety. Each member of the subcommittee, except for the chairperson, may designate a person with fire experience to serve in that member's place.

(E) Nothing in this section invalidates any part of OTHER section 3737.33 of the Revised Code relative RELATING to the fire training academy.

Sec. 4765.57. (A)(1) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES, WITH THE ADVICE AND ASSISTANCE OF ITS TRAUMA COMMITTEE, SHALL STUDY AND EVALUATE THE FOLLOWING MATTERS:

(a) THE STATUS AND NEEDS OF EMERGENCY MEDICAL SERVICES AND TRAUMA CARE PROVIDED BETWEEN THIS STATE AND OTHER JURISDICTIONS;

(b) METHODS TO IMPROVE SPECIALIZED CARE PROVIDED BY EMERGENCY MEDICAL SERVICE ORGANIZATIONS TO PEDIATRIC AND GERIATRIC TRAUMA VICTIMS;

(c) THE FEASIBILITY OF RECORDING AND REPORTING INFORMATION TO THE STATE TRAUMA REGISTRY BY MEANS OF PORTABLE ELECTRONIC DEVICES, SUCH AS ELECTRONIC NOTEPADS. THE STUDY SHALL INCLUDE AN ANALYSIS OF THE COST OF ACQUIRING, MAINTAINING, AND USING SUCH DEVICES, POTENTIAL SOURCES OF FUNDING, AND TRAINING REQUIRED TO ENSURE EFFECTIVE USE OF THE DEVICES.

(d) METHODS TO ENSURE THAT AUTOPSIES ARE PERFORMED ON APPROPRIATE TRAUMA VICTIMS AND AUTOPSY DATA IS REPORTED TO THE STATE TRAUMA REGISTRY IN A TIMELY MANNER;

(e) METHODS TO INCREASE ADVANCED TRAUMA LIFE SUPPORT, BASIC TRAUMA LIFE SUPPORT, AND PREHOSPITAL TRAUMA LIFE SUPPORT TRAINING AMONG APPROPRIATE HEALTH CARE PROVIDERS, PARTICULARLY IN RURAL AREAS OF THE STATE.

(2) NOT LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR, GENERAL ASSEMBLY, AND OTHER APPROPRIATE AUTHORITIES AND ORGANIZATIONS.

(B) THE STUDIES REQUIRED BY THIS SECTION SHALL BE CONDUCTED, AND THEIR FINDINGS AND RECOMMENDATIONS SHALL BE DEVELOPED, IN COOPERATION WITH THE APPROPRIATE COMMITTEES AND SUBCOMMITTEES OF THE BOARD; REGIONAL DIRECTORS AND REGIONAL PHYSICIAN ADVISORY BOARDS; ORGANIZATIONS THAT REPRESENT PHYSICIANS, NURSES, AND HOSPITALS THAT CARE FOR EMERGENCY AND TRAUMA PATIENTS; EMERGENCY MEDICAL SERVICES ORGANIZATIONS; APPROPRIATE GOVERNMENTAL ENTITIES; AND THE OHIO STATE CORONERS' ASSOCIATION, AS APPROPRIATE.

Sec. 4766.02. (A) There is hereby created the Ohio ambulance licensing board, consisting of five voting members and one nonvoting member who shall be residents of this state and appointed by the governor with the advice and consent of the senate. Except as provided in division (B) of this section, members shall serve terms of two years. One voting member shall be a member of the Ohio ambulance association; two voting members, one of whom shall be a licensed funeral director, shall be owners or operators of private emergency medical service organizations operating in this state; one voting member shall be a consumer of emergency medical services who is not associated with any public or private emergency medical service organization; and one voting member shall be an official with a public emergency medical service organization. A physician who holds a certificate to practice issued under Chapter 4731. of the Revised Code who is a member of the American college of emergency physicians shall serve as the nonvoting member. The board shall annually select from its membership a chair and a vice-chair to act as chair in the chair's absence.

(B) Of the members initially appointed, three shall be appointed for terms of one year and three for terms of two years. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. Every member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.

(C) Three voting members shall constitute a quorum for the transaction of business, and the affirmative vote of three members is required for the board to take any official action. The board, after notice and hearing, may remove a member by majority vote for malfeasance, misfeasance, or nonfeasance.

Members of the board shall be reimbursed for actual and necessary expenses incurred in attending meetings of the board and in the performance of their official duties. The board may hire such employees as are necessary to enable it to execute its duties.

(D) The division of emergency medical services within the department of public safety shall provide the board with office space at no cost, but the board shall not be a part of the division or the department.

(E) The board is the sole supervisory body regarding the licensing of private ambulance service organizations in this state.

Sec. 4767.08. (A) The cemetery dispute resolution commission, on its own motion or as a result of a complaint received pursuant to section 4767.07 of the Revised Code and with good cause shown, shall investigate or cause to be investigated alleged violations of sections 1721.19, 1721.20, 1721.21, 1721.211, 4735.02, 4735.22, and 4765.03 4767.02 of the Revised Code. If the commission or the superintendent of the division of real estate in the department of commerce believes that a violation has occurred, the commission or superintendent shall request the prosecuting attorney of the county in which the alleged violation occurred to initiate such proceedings as are appropriate.

(B) If, as a result of an investigation, the commission or the superintendent believes that a person has violated Chapter 1345. of the Revised Code, the commission or superintendent shall report the findings to the attorney general.

(C) If, as a result of an investigation, the commission or the superintendent believes that a limited real estate broker or limited real estate salesman has violated Chapter 4735. of the Revised Code, the commission or superintendent shall report the findings to the real estate commission, which may initiate such proceedings as are appropriate.

(D) The commission, at any time, may dismiss a complaint if it determines there is not good cause shown for the complaint. If the commission dismisses a complaint, it shall notify the person who filed the complaint within twenty days of reaching its decision and identify the reason why the complaint was dismissed.

(E) When necessary for the division of real estate in the department of commerce to perform the duties required by sections 4767.07 and 4767.08 of the Revised Code, the superintendent of the division, after consultation with at least a majority of the members of the cemetery dispute resolution commission, may issue subpoenas and compel the production of books, papers, records, and other forms of evidence.

Sec. 5502.01. (A) The department of public safety shall administer and enforce the laws relating to the registration, licensing, sale and operation of motor vehicles and the laws pertaining to the licensing of drivers of motor vehicles.

The department shall compile, analyze, and publish statistics relative to motor vehicle accidents and the causes thereof, prepare and conduct educational programs for the purpose of promoting safety in the operation of motor vehicles on the highways, assist the state board of education in the formulation of minimum standards for driver education courses of instruction, encourage driver instruction in the high schools of the state, and conduct research and studies for the purpose of promoting safety on the highways of this state.

(B) The department shall administer the laws and rules applicable to the division of state RELATIVE TO TRAUMA AND emergency medical services SPECIFIED IN CHAPTER 4765. OF THE REVISED CODE.

(C) The department shall administer and enforce the laws contained in Chapters 4301. and 4303. of the Revised Code and enforce the rules and orders of the liquor control commission pertaining to retail liquor permit holders.

(D) The department shall administer the laws governing the state emergency management agency and shall enforce all additional duties and responsibilities as prescribed in the Revised Code related to emergency management services.

(E) The department shall conduct investigations pursuant to Chapter 5101. of the Revised Code in support of the duty of the department of human services to administer food stamp programs throughout this state. The department of public safety shall conduct investigations necessary to protect the state's property rights and interests in the food stamp program.

(F) The department of public safety shall enforce compliance with orders and rules of the public utilities commission and applicable laws in accordance with Chapters 4919., 4921., and 4923. of the Revised Code regarding commercial motor vehicle transportation safety, economic, and hazardous materials requirements.

(G) Notwithstanding Chapter 4117. of the Revised Code, the department of public safety may establish requirements for its enforcement personnel that include standards of conduct, work rules and procedures, and criteria for eligibility as law enforcement personnel.

(H) The department shall administer, maintain, and operate the Ohio criminal justice network. The Ohio criminal justice network shall be a computer network that supports state and local criminal justice activities. The network shall be an electronic repository for various data, which may include arrest warrants, notices of persons wanted by law enforcement agencies, criminal records, prison inmate records, stolen vehicle records, vehicle operator's licenses, and vehicle registrations and titles.

Sec. 5739.02. For the purpose of providing revenue with which to meet the needs of the state, for the use of the general revenue fund of the state, for the purpose of securing a thorough and efficient system of common schools throughout the state, for the purpose of affording revenues, in addition to those from general property taxes, permitted under constitutional limitations, and from other sources, for the support of local governmental functions, and for the purpose of reimbursing the state for the expense of administering this chapter, an excise tax is hereby levied on each retail sale made in this state.

(A) The tax shall be collected pursuant to the schedules in section 5739.025 of the Revised Code.

The tax applies and is collectible when the sale is made, regardless of the time when the price is paid or delivered.

In the case of a sale, the price of which consists in whole or in part of rentals for the use of the thing transferred, the tax, as regards such rentals, shall be measured by the installments thereof.

In the case of a sale of a service defined under division (MM) or (NN) of section 5739.01 of the Revised Code, the price of which consists in whole or in part of a membership for the receipt of the benefit of the service, the tax applicable to the sale shall be measured by the installments thereof.

(B) The tax does not apply to the following:

(1) Sales to the state or any of its political subdivisions, or to any other state or its political subdivisions if the laws of that state exempt from taxation sales made to this state and its political subdivisions;

(2) Sales of food for human consumption off the premises where sold;

(3) Sales of food sold to students only in a cafeteria, dormitory, fraternity, or sorority maintained in a private, public, or parochial school, college, or university;

(4) Sales of newspapers, and of magazine subscriptions shipped by second class mail, and sales or transfers of magazines distributed as controlled circulation publications;

(5) The furnishing, preparing, or serving of meals without charge by an employer to an employee provided the employer records the meals as part compensation for services performed or work done;

(6) Sales of motor fuel upon receipt, use, distribution, or sale of which in this state a tax is imposed by the law of this state, but this exemption shall not apply to the sale of motor fuel on which a refund of the tax is allowable under section 5735.14 of the Revised Code; and the tax commissioner may deduct the amount of tax levied by this section applicable to the price of motor fuel when granting a refund of motor fuel tax pursuant to section 5735.14 of the Revised Code and shall cause the amount deducted to be paid into the general revenue fund of this state;

(7) Sales of natural gas by a natural gas company, of electricity by an electric company, of water by a water-works company, or of steam by a heating company, if in each case the thing sold is delivered to consumers through wires, pipes, or conduits, and all sales of communications services by a telephone or telegraph company, all terms as defined in section 5727.01 of the Revised Code;

(8) Casual sales by a person, or auctioneer employed directly by the person to conduct such sales, except as to such sales of motor vehicles, watercraft or outboard motors required to be titled under section 1548.06 of the Revised Code, watercraft documented with the United States coast guard, snowmobiles, all-purpose vehicles as defined in section 4519.01 of the Revised Code, and manufactured homes;

(9) Sales of services or tangible personal property, other than motor vehicles and manufactured homes, by churches or by nonprofit organizations operated exclusively for charitable purposes as defined in division (B)(12) of this section, provided that the number of days on which such tangible personal property or services, other than items never subject to the tax, are sold does not exceed six in any calendar year. If the number of days on which such sales are made exceeds six in any calendar year, the church or organization shall be considered to be engaged in business and all subsequent sales by it shall be subject to the tax. In counting the number of days, all sales by groups within a church or within an organization shall be considered to be sales of that church or organization, except that sales made by separate student clubs and other groups of students of a primary or secondary school, and sales made by a parent-teacher association, booster group, or similar organization that raises money to support or fund curricular or extracurricular activities of a primary or secondary school, shall not be considered to be sales of such school, and sales by each such club, group, association, or organization shall be counted separately for purposes of the six-day limitation. This division does not apply to sales by a noncommercial educational radio or television broadcasting station.

(10) Sales not within the taxing power of this state under the Constitution of the United States;

(11) The transportation of persons or property, unless the transportation is by a private investigation and security service;

(12) Sales of tangible personal property or services to churches, to organizations exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, and to any other nonprofit organizations operated exclusively for charitable purposes in this state, no part of the net income of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation; sales to offices administering one or more homes for the aged or one or more hospital facilities exempt under section 140.08 of the Revised Code; and sales to organizations described in division (D) of section 5709.12 of the Revised Code.

"Charitable purposes" means the relief of poverty; the improvement of health through the alleviation of illness, disease, or injury; the operation of an organization exclusively for the provision of professional, laundry, printing, and purchasing services to hospitals or charitable institutions; the operation of a home for the aged, as defined in section 5701.13 of the Revised Code; the operation of a radio or television broadcasting station that is licensed by the federal communications commission as a noncommercial educational radio or television station; the operation of a nonprofit animal adoption service or a county humane society; the promotion of education by an institution of learning that maintains a faculty of qualified instructors, teaches regular continuous courses of study, and confers a recognized diploma upon completion of a specific curriculum; the operation of a parent teacher association, booster group, or similar organization primarily engaged in the promotion and support of the curricular or extracurricular activities of a primary or secondary school; the operation of a community or area center in which presentations in music, dramatics, the arts, and related fields are made in order to foster public interest and education therein; the production of performances in music, dramatics, and the arts; or the promotion of education by an organization engaged in carrying on research in, or the dissemination of, scientific and technological knowledge and information primarily for the public.

Nothing in this division shall be deemed to exempt sales to any organization for use in the operation or carrying on of a trade or business, or sales to a home for the aged for use in the operation of independent living facilities as defined in division (A) of section 5709.12 of the Revised Code.

(13) Building and construction materials and services sold to construction contractors for incorporation into a structure or improvement to real property under a construction contract with this state or a political subdivision thereof, or with the United States government or any of its agencies; building and construction materials and services sold to construction contractors for incorporation into a structure or improvement to real property that are accepted for ownership by this state or any of its political subdivisions, or by the United States government or any of its agencies at the time of completion of such structures or improvements; building and construction materials sold to construction contractors for incorporation into a horticulture structure or livestock structure for a person engaged in the business of horticulture or producing livestock; building materials and services sold to a construction contractor for incorporation into a house of public worship or religious education, or a building used exclusively for charitable purposes under a construction contract with an organization whose purpose is as described in division (B)(12) of this section; building and construction materials sold for incorporation into the original construction of a sports facility under section 307.696 of the Revised Code; and building and construction materials and services sold to a construction contractor for incorporation into real property outside this state if such materials and services, when sold to a construction contractor in the state in which the real property is located for incorporation into real property in that state, would be exempt from a tax on sales levied by that state;

(14) Sales of ships or vessels or rail rolling stock used or to be used principally in interstate or foreign commerce, and repairs, alterations, fuel, and lubricants for such ships or vessels or rail rolling stock;

(15) Sales to persons engaged in any of the activities mentioned in division (E)(2) or (9) of section 5739.01 of the Revised Code, to persons engaged in making retail sales, or to persons who purchase for sale from a manufacturer tangible personal property that was produced by the manufacturer in accordance with specific designs provided by the purchaser, of packages, including material and parts for packages, and of machinery, equipment, and material for use primarily in packaging tangible personal property produced for sale by or on the order of the person doing the packaging, or sold at retail. "Packages" includes bags, baskets, cartons, crates, boxes, cans, bottles, bindings, wrappings, and other similar devices and containers, and "packaging" means placing therein.

(16) Sales of food to persons using food stamp coupons to purchase the food. As used in division (B)(16) of this section, "food" has the same meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations adopted pursuant to that act.

(17) Sales to persons engaged in farming, agriculture, horticulture, or floriculture, of tangible personal property for use or consumption directly in the production by farming, agriculture, horticulture, or floriculture of other tangible personal property for use or consumption directly in the production of tangible personal property for sale by farming, agriculture, horticulture, or floriculture; or material and parts for incorporation into any such tangible personal property for use or consumption in production; and of tangible personal property for such use or consumption in the conditioning or holding of products produced by and for such use, consumption, or sale by persons engaged in farming, agriculture, horticulture, or floriculture, except where such property is incorporated into real property;

(18) Sales of drugs dispensed by a licensed pharmacist upon the order of a licensed health professional authorized to prescribe drugs to a human being, as the term "licensed health professional authorized to prescribe drugs" is defined in section 4729.01 of the Revised Code; insulin as recognized in the official United States pharmacopoeia; urine and blood testing materials when used by diabetics or persons with hypoglycemia to test for glucose or acetone; hypodermic syringes and needles when used by diabetics for insulin injections; epoetin alfa when purchased for use in the treatment of persons with end-stage renal disease; hospital beds when purchased for use by persons with medical problems for medical purposes; and oxygen and oxygen-dispensing equipment when purchased for use by persons with medical problems for medical purposes;

(19) Sales of artificial limbs or portion thereof, breast prostheses, and other prosthetic devices for humans; braces or other devices for supporting weakened or nonfunctioning parts of the human body; wheelchairs; devices used to lift wheelchairs into motor vehicles and parts and accessories to such devices; crutches or other devices to aid human perambulation; and items of tangible personal property used to supplement impaired functions of the human body such as respiration, hearing, or elimination. No exemption under this division shall be allowed for nonprescription drugs, medicines, or remedies; items or devices used to supplement vision; items or devices whose function is solely or primarily cosmetic; or physical fitness equipment. This division does not apply to sales to a physician or medical facility for use in the treatment of a patient.

(20) Sales of emergency and fire protection vehicles and equipment to nonprofit organizations for use solely in providing fire protection and emergency services, INCLUDING TRAUMA CARE AND EMERGENCY MEDICAL SERVICES, for political subdivisions of the state;

(21) Sales of tangible personal property manufactured in this state, if sold by the manufacturer in this state to a retailer for use in the retail business of the retailer outside of this state and if possession is taken from the manufacturer by the purchaser within this state for the sole purpose of immediately removing the same from this state in a vehicle owned by the purchaser;

(22) Sales of services provided by the state or any of its political subdivisions, agencies, instrumentalities, institutions, or authorities, or by governmental entities of the state or any of its political subdivisions, agencies, instrumentalities, institutions, or authorities;

(23) Sales of motor vehicles to nonresidents of this state upon the presentation of an affidavit executed in this state by the nonresident purchaser affirming that the purchaser is a nonresident of this state, that possession of the motor vehicle is taken in this state for the sole purpose of immediately removing it from this state, that the motor vehicle will be permanently titled and registered in another state, and that the motor vehicle will not be used in this state;

(24) Sales to persons engaged in the preparation of eggs for sale of tangible personal property used or consumed directly in such preparation, including such tangible personal property used for cleaning, sanitizing, preserving, grading, sorting, and classifying by size; packages, including material and parts for packages, and machinery, equipment, and material for use in packaging eggs for sale; and handling and transportation equipment and parts therefor, except motor vehicles licensed to operate on public highways, used in intraplant or interplant transfers or shipment of eggs in the process of preparation for sale, when the plant or plants within or between which such transfers or shipments occur are operated by the same person. "Packages" includes containers, cases, baskets, flats, fillers, filler flats, cartons, closure materials, labels, and labeling materials, and "packaging" means placing therein.

(25)(a) Sales of water to a consumer for residential use, except the sale of bottled water, distilled water, mineral water, carbonated water, or ice;

(b) Sales of water by a nonprofit corporation engaged exclusively in the treatment, distribution, and sale of water to consumers, if such water is delivered to consumers through pipes or tubing.

(26) Fees charged for inspection or reinspection of motor vehicles under section 3704.14 of the Revised Code;

(27) Sales of solar, wind, or hydrothermal energy systems that meet the guidelines established under division (B) of section 1551.20 of the Revised Code, components of such systems that are identified under division (B) or (D) of that section, or charges for the installation of such systems or components, made during the period from August 14, 1979, through December 31, 1985;

(28) Sales to persons licensed to conduct a food service operation pursuant to section 3732.03 of the Revised Code, of tangible personal property primarily used directly for the following:

(a) To prepare food for human consumption for sale;

(b) To preserve food that has been or will be prepared for human consumption for sale by the food service operator, not including tangible personal property used to display food for selection by the consumer;

(c) To clean tangible personal property used to prepare or serve food for human consumption for sale.

(29) Sales of animals by nonprofit animal adoption services or county humane societies;

(30) Sales of services to a corporation described in division (A) of section 5709.72 of the Revised Code, and sales of tangible personal property that qualifies for exemption from taxation under section 5709.72 of the Revised Code;

(31) Sales and installation of agricultural land tile, as defined in division (B)(5)(a) of section 5739.01 of the Revised Code;

(32) Sales and erection or installation of portable grain bins, as defined in division (B)(5)(b) of section 5739.01 of the Revised Code;

(33) The sale, lease, repair, and maintenance of; parts for; or items attached to or incorporated in motor vehicles that are primarily used for transporting tangible personal property by a person engaged in highway transportation for hire;

(34) Sales to the state headquarters of any veterans' organization in Ohio that is either incorporated and issued a charter by the congress of the United States or is recognized by the United States veterans administration, for use by the headquarters;

(35) Sales to a telecommunications service vendor of tangible personal property and services used directly and primarily in transmitting, receiving, switching, or recording any interactive, two-way electromagnetic communications, including voice, image, data, and information, through the use of any medium, including, but not limited to, poles, wires, cables, switching equipment, computers, and record storage devices and media, and component parts for the tangible personal property. The exemption provided in division (B)(35) of this section shall be in lieu of all other exceptions under division (E)(2) of section 5739.01 of the Revised Code to which a telecommunications service vendor may otherwise be entitled based upon the use of the thing purchased in providing the telecommunications service.

(36) Sales of investment metal bullion and investment coins. "Investment metal bullion" means any elementary precious metal that has been put through a process of smelting or refining, including, but not limited to, gold, silver, platinum, and palladium, and which is in such state or condition that its value depends upon its content and not upon its form. "Investment metal bullion" does not include fabricated precious metal that has been processed or manufactured for one or more specific and customary industrial, professional, or artistic uses. "Investment coins" means numismatic coins or other forms of money and legal tender manufactured of gold, silver, platinum, palladium, or other metal under the laws of the United States or any foreign nation with a fair market value greater than any statutory or nominal value of such coins.

(37)(a) Sales where the purpose of the consumer is to use or consume the things transferred in making retail sales and consisting of newspaper inserts, catalogues, coupons, flyers, gift certificates, or other advertising material that prices and describes tangible personal property offered for retail sale.

(b) Sales to direct marketing vendors of preliminary materials such as photographs, artwork, and typesetting that will be used in printing advertising material; of printed matter that offers free merchandise or chances to win sweepstake prizes and that is mailed to potential customers with advertising material described in division (B)(37)(a) of this section; and of equipment such as telephones, computers, facsimile machines, and similar tangible personal property primarily used to accept orders for direct marketing retail sales.

(c) Sales of automatic food vending machines that preserve food with a shelf life of forty-five days or less by refrigeration and dispense it to the consumer.

For purposes of division (B)(37) of this section, "direct marketing" means the method of selling where consumers order tangible personal property by United States mail, delivery service, or telecommunication and the vendor delivers or ships the tangible personal property sold to the consumer from a warehouse, catalogue distribution center, or similar fulfillment facility by means of the United States mail, delivery service, or common carrier.

(38) Sales to a person engaged in the business of horticulture or producing livestock of materials to be incorporated into a horticulture structure or livestock structure;

(39) The sale of a motor vehicle that is used exclusively for a vanpool ridesharing arrangement to persons participating in the vanpool ridesharing arrangement when the vendor is selling the vehicle pursuant to a contract between the vendor and the department of transportation;

(40) Sales of personal computers, computer monitors, computer keyboards, modems, and other peripheral computer equipment to an individual who is licensed or certified to teach in an elementary or a secondary school in this state for use by that individual in preparation for teaching elementary or secondary school students;

(41) Sales to a professional racing team of any of the following:

(a) Motor racing vehicles;

(b) Repair services for motor racing vehicles;

(c) Items of property that are attached to or incorporated in motor racing vehicles, including engines, chassis, and all other components of the vehicles, and all spare, replacement, and rebuilt parts or components of the vehicles; except not including tires, consumable fluids, paint, and accessories consisting of instrumentation sensors and related items added to the vehicle to collect and transmit data by means of telemetry and other forms of communication.

(42) SALES TO A NONPROFIT ORGANIZATION FOR USE SOLELY IN CONDUCTING RESEARCH OR EDUCATION REGARDING TRAUMA PREVENTION, TRAUMA CARE, OR EMERGENCY MEDICAL SERVICES. "EMERGENCY MEDICAL SERVICE," "TRAUMA," AND "TRAUMA CARE" HAVE THE SAME MEANINGS AS IN SECTION 4765.01 OF THE REVISED CODE.

For the purpose of the proper administration of this chapter, and to prevent the evasion of the tax, it is presumed that all sales made in this state are subject to the tax until the contrary is established.

As used in this section, except in division (B)(16) of this section, "food" includes cereals and cereal products, milk and milk products including ice cream, meat and meat products, fish and fish products, eggs and egg products, vegetables and vegetable products, fruits, fruit products, and pure fruit juices, condiments, sugar and sugar products, coffee and coffee substitutes, tea, and cocoa and cocoa products. It does not include: spirituous or malt liquors; soft drinks; sodas and beverages that are ordinarily dispensed at bars and soda fountains or in connection therewith, other than coffee, tea, and cocoa; root beer and root beer extracts; malt and malt extracts; mineral oils, cod liver oils, and halibut liver oil; medicines, including tonics, vitamin preparations, and other products sold primarily for their medicinal properties; and water, including mineral, bottled, and carbonated waters, and ice.

(C) The levy of an excise tax on transactions by which lodging by a hotel is or is to be furnished to transient guests pursuant to this section and division (B) of section 5739.01 of the Revised Code does not prevent any of the following:

(1) A municipal corporation or township from levying an excise tax for any lawful purpose not to exceed three per cent on transactions by which lodging by a hotel is or is to be furnished to transient guests in addition to the tax levied by this section. If a municipal corporation or township repeals a tax imposed under division (C)(1) of this section and a county in which the municipal corporation or township has territory has a tax imposed under division (C) of section 5739.024 of the Revised Code in effect, the municipal corporation or township may not reimpose its tax as long as that county tax remains in effect. A municipal corporation or township in which a tax is levied under division (B)(2) of section 351.021 of the Revised Code may not increase the rate of its tax levied under division (C)(1) of this section to any rate that would cause the total taxes levied under both of those divisions to exceed three per cent on any lodging transaction within the municipal corporation or township.

(2) A municipal corporation or a township from levying an additional excise tax not to exceed three per cent on such transactions pursuant to division (B) of section 5739.024 of the Revised Code. Such tax is in addition to any tax imposed under division (C)(1) of this section.

(3) A county from levying an excise tax pursuant to division (A) of section 5739.024 of the Revised Code.

(4) A county from levying an excise tax not to exceed three per cent of such transactions pursuant to division (C) of section 5739.024 of the Revised Code. Such a tax is in addition to any tax imposed under division (C)(3) of this section.

(5) A convention facilities authority, as defined in division (A) of section 351.01 of the Revised Code, from levying the excise taxes provided for in division (B) of section 351.021 of the Revised Code.

(6) A county from levying an excise tax not to exceed one and one-half per cent of such transactions pursuant to division (D) of section 5739.024 of the Revised Code. Such tax is in addition to any tax imposed under division (C)(3) or (4) of this section.

(7) A county from levying an excise tax not to exceed one and one-half per cent of such transactions pursuant to division (E) of section 5739.024 of the Revised Code. Such a tax is in addition to any tax imposed under division (C)(3), (4), or (6) of this section.

(D) The levy of this tax on retail sales of recreation and sports club service shall not prevent a municipal corporation from levying any tax on recreation and sports club dues or on any income generated by recreation and sports club dues.

The Department of Public Safety, Department of Natural Resources, Department of Agriculture, Department of Education, and Bureau of Workers' Compensation shall participate in and assist with the commission's study.

Within thirty days after the effective date of this act, the director shall appoint to the commission appropriate public health authorities, entities that conduct safety research and education, and advocates for injured persons. Commission members shall have expertise in injury prevention, broadly represent relevant disciplines, and represent all regions of the state.

Within thirty days after the effective date of this act, the Speaker of the House of Representatives shall appoint to the commission one member of the majority party and one member of the minority party in the House of Representatives and the President of the Senate shall appoint to the commission one member of the majority party and one member of the minority party in the Senate.

In conducting its study and developing its recommendations, the commission shall consult and cooperate with the Trauma Committee of the State Board of Emergency Medical Services. The commission shall conclude its study and disband not later than eighteen months after the effective date of this section, whereupon the director shall transmit the commission's findings and recommendations to the Governor, General Assembly, chief executive of each state agency specified in this section, and other appropriate persons.

The Rehabilitation Services Commission, Department of Aging, Bureau of Workers' Compensation, and Bureau of Employment Services shall participate in and assist with the commission's study.

Within thirty days after the effective date of this act, the director shall appoint to the commission appropriate public health authorities; entities that represent injury victims; certified safety professionals; employers; employment training and placement services; agricultural organizations; highway safety and motorists' organizations; health insurers; providers of social services to injury victims; nursing and rehabilitation institutions; victims of violent crime; hospitals; and professionals active in physical, psychological, and vocational therapy. Commission members shall have expertise in rehabilitation and retraining of injury victims, broadly represent relevant disciplines, and represent all regions of the state. Within thirty days after the effective date of this act, the Speaker of the House of Representatives shall appoint to the commission one member of the majority party and one member of the minority party in the House of Representatives and the President of the Senate shall appoint to the commission one member of the majority party and one member of the minority party in the Senate.

In conducting its study and developing its recommendations, the commission shall consult with and cooperate with the Trauma Committee of the State Board of Emergency Medical Services. The commission shall conclude its study and disband not later than eighteen months after the effective date of this section, whereupon the director shall transmit the commission's findings and recommendations to the Governor, General Assembly, chief executive of each state agency specified in this section, and other appropriate persons.