The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 138 |
REPRESENTATIVES SCHUCK-BARRETT-BENDER-EVANS-FORD-METELSKY-
D.MILLER-SULLIVAN-SYKES-PRINGLE-VANVYVEN-VERICH-
WINKLER-YOUNG-BATEMAN-HAINES-OLMAN-DePIERO-BARNES-WILLIAMS-
WILLAMOWSKI-TERWILLEGER-VESPER-BRADING-OGG-ROBERTS-TIBERI-
SCHULER-PERRY-GOODMAN-JONES-CORBIN-CALLENDER-CALVERT-MOTTLEY-
AUSTRIA-O'BRIEN-THOMAS-FERDERBER-CATES-FLANNERY-PATTON-CLANCY-
DAMSCHRODER-SUTTON-JERSE-SALERNO-OPFER-MYERS
A BILL
To amend sections 9.60, 125.04, 125.13,
3729.17, 3737.66, 4511.191, 4511.81, 4511.99, 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, 5503.04,
and 5739.02 and to enact sections 3727.081, 3727.09, 3727.10,
4765.04,
4765.12, and 4765.41 of the Revised Code to
provide quality assurance for adult and pediatric 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:
Section 1. That sections 9.60, 125.04, 125.13,
3729.17, 3737.66, 4511.191, 4511.81, 4511.99, 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, 5503.04,
and 5739.02 be amended and sections 3727.081, 3727.09, 3727.10,
4765.04, 4765.12, and 4765.41
of the Revised Code be enacted to read as follows:
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 (D) 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) Subject to division (C) of this section, 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) A political subdivision as defined in division (B) of this
section may purchase supplies or services
from another party, including another political subdivision, instead of
through participation in contracts
described in division (B) of
this section if the political subdivision can purchase those
supplies or services from the other party upon equivalent terms,
conditions, and specifications but at a lower price than it can
through those contracts. Purchases that a political subdivision
makes under this division are exempt from any competitive
selection procedures otherwise required by law. A political
subdivision that makes any purchase under this division shall
maintain sufficient information regarding the
purchase to verify that the
political subdivision satisfied the conditions for making a
purchase under this division. Nothing in this division restricts any action
taken by a county or township
as authorized by division (A) of section 9.48 of the Revised
Code.
(D) 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
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 those excess and
surplus supplies and an
appraisal of their value.
(B)(C) The director of administrative services shall take
immediate control of a state agency's excess and
surplus
supplies, except for the following excess and surplus
supplies:
(1) Excess or surplus supplies that have a value below the minimum
value that the director establishes for excess and surplus supplies
under division (E)(F) of this section;
(2) Excess or surplus supplies that the director has authorized an agency
to donate to a public entity, including, but not limited to, public schools
and surplus computers and computer equipment transferred to a public school
under division (G) of this section;
(3) Excess or surplus supplies that an agency trades in as full or partial
payment when purchasing a replacement item;
(4) Hazardous property.
(C)(D) The director shall inventory
excess and surplus supplies in the director's control
and
may have the supplies repaired.
(D)(E) The director may do either of the following:
(1) Dispose of declared surplus or excess
supplies in the director's control by sale, lease,
donation,
or
transfer. If the director does so, the
director shall dispose of those 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
(D)(E)(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
director may not donate a motor vehicle furnished to the state highway patrol
to a nonprofit organization pursuant to this division.
(E)(F) The director may adopt rules governing the sale,
lease, or transfer of surplus and excess supplies in the
director's control 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 control as the director determines proper
if such supplies cannot be disposed of
pursuant to division (D)(E) 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 control that have a value below the
minimum
value established by the director.
(F)(G) 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 those supplies.
(G)(H) The director of administrative services may authorize
any
state agency to transfer surplus computers and computer equipment that are not
needed by other state agencies directly to an accredited public school within
the state. The computers and computer equipment may be repaired or
refurbished prior to transfer. The state agency may charge a service fee to
the public schools for the property not to exceed the direct cost of repairing
or refurbishing it. The state agency shall deposit such funds into the
account used for repair or refurbishment.
Sec. 3727.081. (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) "STABILIZE" AND "TRANSFER" HAVE THE SAME MEANINGS AS IN
SECTION 1753.28 OF THE REVISED CODE.
(B) NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE DIRECTOR OF HEALTH SHALL ADOPT RULES UNDER CHAPTER
119. OF THE REVISED CODE FOR THE DESIGNATION AND
REDESIGNATION OF PEDIATRIC TRAUMA CENTERS THAT ARE NOT VERIFIED AS PEDIATRIC
TRAUMA
CENTERS BY THE AMERICAN COLLEGE OF SURGEONS. THE RULES
SHALL BE DEVELOPED IN ACCORDANCE WITH DIVISION (C) OF THIS SECTION
AND PROVIDE ALL OF THE FOLLOWING:
(1) SAFETY AND QUALITY-OF-CARE STANDARDS FOR HOSPITALS DESIGNATED
OR REDESIGNATED AS A PEDIATRIC TRAUMA CENTER UNDER THIS SECTION. THE
STANDARDS SHALL BE SUBSTANTIALLY EQUIVALENT, BUT NOT NECESSARILY
IDENTICAL, TO THE STANDARDS USED BY THE AMERICAN COLLEGE OF
SURGEONS TO VERIFY AND CATEGORIZE PEDIATRIC TRAUMA CENTERS.
(2) PROCEDURES FOR HOSPITALS TO APPLY TO BE DESIGNATED AND
REDESIGNATED AS A PEDIATRIC TRAUMA CENTER UNDER THIS SECTION;
(3) INSPECTION BY THE DIRECTOR OF HEALTH, OR BY A CONTRACTOR OF
THE DEPARTMENT OF HEALTH THAT HAS APPROPRIATE COMPETENCE AND INDEPENDENCE, OF
HOSPITALS THAT APPLY TO BE
DESIGNATED OR REDESIGNATED AS A PEDIATRIC TRAUMA CENTER UNDER THIS
SECTION. AN INSPECTION SHALL CONFIRM IN WRITING WHETHER OR NOT A
HOSPITAL COMPLIES WITH THE SAFETY AND QUALITY-OF-CARE STANDARDS
ESTABLISHED UNDER THIS DIVISION.
(4) TYPES OF DATA RELATING TO PEDIATRIC TRAUMA CARE PROVIDED AT
OR BY HOSPITALS THAT SEEK DESIGNATION OR REDESIGNATION AS A PEDIATRIC
TRAUMA CENTER UNDER THIS SECTION THAT SHALL OR MAY BE REPORTED TO THE
DIRECTOR;
(5) DESIGNATION AND REDESIGNATION AS A PEDIATRIC TRAUMA CENTER
UNDER THIS SECTION OF HOSPITALS THAT COMPLY WITH THE SAFETY AND
QUALITY-OF-CARE STANDARDS ESTABLISHED UNDER THIS DIVISION AND
OTHERWISE SATISFY THE REQUIREMENTS OF THIS SECTION. THE
DESIGNATION OR REDESIGNATION OF A HOSPITAL AS A PEDIATRIC TRAUMA
CENTER UNDER THIS SECTION SHALL BE VALID FOR THREE YEARS UNLESS
SUSPENDED OR REVOKED, AND SHALL BE EVIDENCED BY A CERTIFICATE ISSUED BY THE
DIRECTOR TO THE HOSPITAL.
(6) FEES THE DEPARTMENT OF HEALTH MAY CHARGE A HOSPITAL THAT
APPLIES FOR DESIGNATION OR REDESIGNATION AS A PEDIATRIC TRAUMA CENTER
UNDER THIS SECTION. THE FEES SHALL NOT EXCEED THE LESSER OF THE
FOLLOWING AMOUNTS:
(a) THE TYPICAL FEE THE AMERICAN COLLEGE OF SURGEONS
CHARGES TO VERIFY OR
REVERIFY, AS APPROPRIATE, TRAUMA CENTERS AT A LEVEL COMPARABLE TO THAT OF
THE HOSPITAL SEEKING DESIGNATION;
(b) THE ACTUAL COSTS INCURRED BY THE DEPARTMENT OF HEALTH TO
INSPECT AND DESIGNATE OR REDESIGNATE THE HOSPITAL AS A PEDIATRIC TRAUMA
CENTER UNDER THIS SECTION.
(7) REQUIREMENTS THAT HOSPITALS DESIGNATED OR REDESIGNATED AS A
PEDIATRIC TRAUMA CENTER UNDER THIS SECTION SHALL DO BOTH OF THE
FOLLOWING:
(a) PROMPTLY NOTIFY THE DIRECTOR IF THERE IS A MATERIAL CHANGE IN
THE HOSPITAL'S ABILITY TO PROVIDE PEDIATRIC TRAUMA CARE AT THE LEVEL AT WHICH IT IS DESIGNATED OR
REDESIGNATED UNDER THIS SECTION AS A PEDIATRIC TRAUMA CENTER;
(b) ADOPT AND FOLLOW WRITTEN PROTOCOLS FOR PEER REVIEW AND
QUALITY IMPROVEMENT OF PEDIATRIC TRAUMA CARE.
(8) STANDARDS FOR THE SUSPENSION AND REVOCATION OF THE DESIGNATION OR
REDESIGNATION CERTIFICATE ISSUED UNDER THIS SECTION TO A HOSPITAL THAT FAILS
TO MAINTAIN COMPLIANCE WITH THE SAFETY AND QUALITY-OF-CARE STANDARDS
ESTABLISHED FOR PEDIATRIC TRAUMA CENTERS UNDER THIS SECTION. BEFORE
SUSPENDING OR REVOKING A HOSPITAL'S DESIGNATION OR REDESIGNATION CERTIFICATE,
THE DIRECTOR SHALL GIVE THE HOSPITAL WRITTEN NOTICE OF THE PROPOSED ACTION.
THE NOTICE SHALL SPECIFY THE DEFICIENCIES THAT ARE THE BASIS OF THE PROPOSED
ACTION AND GIVE THE HOSPITAL A GRACE PERIOD, AS THE DIRECTOR DETERMINES IS
APPROPRIATE, TO PROVIDE TO THE DIRECTOR EVIDENCE THAT THE DEFICIENCIES HAVE
BEEN CORRECTED, PROVIDED THAT A GRACE PERIOD SHALL NOT EXTEND THE THREE-YEAR
TERM OF A DESIGNATION OR REDESIGNATION CERTIFICATE AND NEED NOT BE GRANTED
WITH REGARD TO ANY DEFICIENCY THAT THREATENS PUBLIC HEALTH OR SAFETY.
(9) PROCEDURES FOR ALL OF THE FOLLOWING WITH REGARD TO
CERTIFICATES THAT EVIDENCE THE DESIGNATION OR REDESIGNATION OF HOSPITALS
AS A PEDIATRIC TRAUMA CENTER UNDER THIS SECTION:
(a) THE ISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION OF
CERTIFICATES;
(b) APPEALS REGARDING THE ISSUANCE, RENEWAL, SUSPENSION, AND
REVOCATION OF CERTIFICATES;
(c) THE MAINTENANCE AND DISPLAY OR INSPECTION OF CERTIFICATES
HELD BY PEDIATRIC TRAUMA CENTERS.
(C) IN DEVELOPING RULES UNDER THIS SECTION, THE DIRECTOR OF
HEALTH SHALL DO ALL OF THE FOLLOWING:
(1) CONSULT THE STATE BOARD OF EMERGENCY MEDICAL SERVICES AND THE
BOARD'S TRAUMA COMMITTEE TO PREVENT INCONSISTENCIES IN TRAUMA-RELATED
RULES AND REPORTING REQUIREMENTS ADOPTED BY THE DIRECTOR AND THE
BOARD;
(2) APPOINT AND CONSULT A COMMITTEE OF PERSONS WHO HAVE CLINICAL
AND ADMINISTRATIVE EXPERTISE IN PEDIATRIC TRAUMA CARE;
(3) CONSULT APPROPRIATE MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL
SERVICE ORGANIZATIONS THAT ARE KNOWLEDGEABLE ABOUT THE SPECIAL NEEDS OF
PEDIATRIC TRAUMA PATIENTS, INCLUDING WITHOUT LIMITATION, VERIFICATION OF
PEDIATRIC TRAUMA CENTERS, DESIGN AND OPERATION OF PEDIATRIC
FACILITIES AND EQUIPMENT, QUALIFICATIONS OF PEDIATRIC STAFF,
INTERFACILITY TRANSFER OF PEDIATRIC TRAUMA PATIENTS, PEDIATRIC
TRAUMA EDUCATION AND TRAINING CURRICULA, AND PEER REVIEW AND
QUALITY ASSURANCE FUNCTIONS IN PEDIATRIC TRAUMA CENTERS;
(4) CONSIDER THE SPECIAL NEEDS OF PEDIATRIC TRAUMA PATIENTS, THE VOLUME
AND DISTRIBUTION OF PEDIATRIC TRAUMA PATIENTS IN THIS STATE, AND THE
REGIONALIZED NATURE OF EXISTING PEDIATRIC TRAUMA CARE RESOURCES IN THIS STATE.
THE DIRECTOR OF HEALTH SHALL APPOINT TO THE COMMITTEE REQUIRED BY THIS
DIVISION MEMBERS WHO ARE RESIDENTS OF THIS STATE, ARE RECOGNIZED EXPERTS IN
THEIR FIELD OF PRACTICE, AND ARE FAMILIAR WITH PEDIATRIC TRAUMA CARE IN THIS
STATE. THE DIRECTOR SHALL ALSO ATTEMPT TO ENSURE THAT MEMBERS REPRESENT URBAN
AND RURAL AREAS, ALL GEOGRAPHICAL REGIONS OF THE STATE, AND MEDICAL AND
OSTEOPATHIC BACKGROUNDS.
(D) NO HOSPITAL DESIGNATED OR REDESIGNATED AS A PEDIATRIC TRAUMA
CENTER UNDER THIS SECTION SHALL FAIL TO COMPLY WITH THIS SECTION OR THE RULES
ADOPTED UNDER IT OR WITH ANY ORDER ISSUED BY THE DIRECTOR OF HEALTH UNDER THIS
SECTION OR THE RULES ADOPTED UNDER IT.
(E) THE DIRECTOR OF HEALTH AND ANY EMPLOYEE OR CONTRACTOR OF THE
DEPARTMENT OF HEALTH SHALL NOT MAKE PUBLIC ANY DATA
REPORTED TO OR COLLECTED BY THE DEPARTMENT OF HEALTH UNDER THIS SECTION OR
RULES ADOPTED UNDER IT THAT IDENTIFIES OR WOULD TEND TO IDENTIFY SPECIFIC
PATIENTS.
Sec. 3727.09. (A) NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE
DATE OF THIS SECTION, EACH HOSPITAL IN THIS STATE THAT IS NOT A TRAUMA CENTER
SHALL ADOPT PROTOCOLS FOR ADULT AND PEDIATRIC TRAUMA CARE PROVIDED IN OR BY
THAT HOSPITAL; EACH HOSPITAL IN THIS STATE THAT IS AN ADULT TRAUMA CENTER AND
NOT A LEVEL I OR LEVEL II PEDIATRIC TRAUMA CENTER SHALL
ADOPT PROTOCOLS FOR PEDIATRIC TRAUMA CARE PROVIDED IN OR BY THAT HOSPITAL;
EACH HOSPITAL IN THIS STATE THAT IS A PEDIATRIC TRAUMA CENTER AND NOT A LEVEL
I AND II ADULT TRAUMA CENTER SHALL ADOPT PROTOCOLS FOR ADULT
TRAUMA CARE PROVIDED IN OR BY THAT HOSPITAL. IN DEVELOPING ITS TRAUMA CARE
PROTOCOLS, EACH HOSPITAL SHALL CONSIDER THE GUIDELINES FOR TRAUMA CARE
ESTABLISHED BY THE AMERICAN COLLEGE OF SURGEONS, THE
AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, AND THE AMERICAN
ACADEMY OF PEDIATRICS. TRAUMA CARE PROTOCOLS SHALL BE WRITTEN, COMPLY WITH
APPLICABLE FEDERAL AND STATE LAWS, AND INCLUDE POLICIES AND
PROCEDURES WITH RESPECT TO ALL OF THE FOLLOWING:
(1) EVALUATION OF TRAUMA PATIENTS, INCLUDING CRITERIA FOR PROMPT
IDENTIFICATION OF TRAUMA PATIENTS WHO REQUIRE A LEVEL OF ADULT OR PEDIATRIC
TRAUMA CARE THAT EXCEEDS THE HOSPITAL'S CAPABILITIES;
(2) EMERGENCY TREATMENT AND STABILIZATION OF TRAUMA PATIENTS PRIOR TO
TRANSFER TO AN APPROPRIATE ADULT OR PEDIATRIC TRAUMA CENTER;
(3) TIMELY TRANSFER OF TRAUMA PATIENTS TO APPROPRIATE ADULT OR PEDIATRIC
TRAUMA CENTERS BASED ON A PATIENT'S MEDICAL NEEDS. TRAUMA PATIENT TRANSFER
PROTOCOLS SHALL SPECIFY ALL OF THE FOLLOWING:
(a) CONFIRMATION OF THE ABILITY OF THE RECEIVING TRAUMA CENTER TO
PROVIDE PROMPT ADULT OR PEDIATRIC TRAUMA CARE APPROPRIATE TO A PATIENT'S
MEDICAL NEEDS;
(b) PROCEDURES FOR SELECTING AN APPROPRIATE ALTERNATIVE ADULT OR
PEDIATRIC TRAUMA CENTER TO RECEIVE A PATIENT WHEN IT IS NOT FEASIBLE OR SAFE
TO TRANSPORT THE PATIENT TO A PARTICULAR TRAUMA CENTER;
(c) ADVANCE NOTIFICATION AND APPROPRIATE MEDICAL CONSULTATION
WITH THE TRAUMA CENTER TO WHICH A TRAUMA PATIENT IS BEING, OR WILL BE,
TRANSFERRED;
(d) PROCEDURES FOR SELECTING AN APPROPRIATE METHOD OF
TRANSPORTATION AND THE HOSPITAL RESPONSIBLE FOR ARRANGING OR PROVIDING THE
TRANSPORTATION;
(e) CONFIRMATION OF THE ABILITY OF THE PERSONS AND VEHICLE THAT
WILL TRANSPORT A TRAUMA PATIENT TO PROVIDE APPROPRIATE ADULT OR PEDIATRIC
TRAUMA CARE;
(f) ASSURED COMMUNICATION WITH, AND APPROPRIATE MEDICAL DIRECTION
OF, THE PERSONS TRANSPORTING A TRAUMA PATIENT TO A TRAUMA CENTER;
(g) IDENTIFICATION AND TIMELY TRANSFER OF APPROPRIATE MEDICAL
RECORDS OF THE TRAUMA PATIENT BEING TRANSFERRED;
(h) THE HOSPITAL RESPONSIBLE FOR CARE OF A PATIENT IN TRANSIT;
(i) THE RESPONSIBILITIES OF THE PHYSICIAN ATTENDING A PATIENT
AND, IF DIFFERENT, THE PHYSICIAN WHO AUTHORIZES A TRANSFER OF THE PATIENT;
(j) PROCEDURES FOR DETERMINING, IN CONSULTATION WITH AN
APPROPRIATE ADULT OR PEDIATRIC TRAUMA CENTER AND THE PERSONS WHO WILL
TRANSPORT A TRAUMA PATIENT, WHEN TRANSPORTATION OF THE PATIENT TO A TRAUMA
CENTER MAY BE DELAYED FOR EITHER OF THE FOLLOWING REASONS:
(i) IMMEDIATE TRANSFER OF THE PATIENT IS UNSAFE DUE TO ADVERSE
WEATHER OR GROUND CONDITIONS.
(ii) NO TRAUMA CENTER IS ABLE
TO PROVIDE APPROPRIATE ADULT OR PEDIATRIC TRAUMA CARE TO THE PATIENT WITHOUT
UNDUE DELAY.
(4) PEER REVIEW AND QUALITY ASSURANCE PROCEDURES FOR ADULT AND PEDIATRIC
TRAUMA CARE PROVIDED IN OR BY THE HOSPITAL.
(B)(1) NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
SECTION, EACH HOSPITAL SHALL ENTER INTO ALL OF THE FOLLOWING WRITTEN
AGREEMENTS UNLESS OTHERWISE PROVIDED IN DIVISION (B)(2) OF THIS
SECTION:
(a) AN AGREEMENT WITH ONE OR MORE ADULT TRAUMA CENTERS IN EACH
LEVEL OF CATEGORIZATION AS A TRAUMA CENTER HIGHER THAN THE HOSPITAL THAT
GOVERNS THE TRANSFER OF ADULT TRAUMA PATIENTS FROM THE HOSPITAL TO THOSE
TRAUMA CENTERS;
(b) AN AGREEMENT WITH ONE OR MORE PEDIATRIC TRAUMA CENTERS IN
EACH LEVEL OF CATEGORIZATION AS A TRAUMA CENTER HIGHER THAN THE HOSPITAL THAT
GOVERNS THE TRANSFER OF PEDIATRIC TRAUMA PATIENTS FROM THE HOSPITAL TO THOSE
TRAUMA CENTERS.
(2) A LEVEL I OR LEVEL II ADULT TRAUMA CENTER IS NOT
REQUIRED TO ENTER INTO AN ADULT TRAUMA PATIENT TRANSFER AGREEMENT WITH ANOTHER
HOSPITAL. A LEVEL I OR LEVEL II PEDIATRIC TRAUMA CENTER IS
NOT REQUIRED TO ENTER INTO A PEDIATRIC TRAUMA PATIENT TRANSFER AGREEMENT WITH
ANOTHER HOSPITAL. A HOSPITAL IS NOT REQUIRED TO ENTER INTO AN ADULT TRAUMA
PATIENT TRANSFER AGREEMENT WITH A LEVEL III OR LEVEL IV
ADULT TRAUMA CENTER, OR ENTER INTO A PEDIATRIC TRAUMA PATIENT TRANSFER
AGREEMENT WITH A LEVEL III OR LEVEL IV PEDIATRIC TRAUMA
CENTER, IF NO TRAUMA CENTER OF THAT TYPE IS REASONABLY AVAILABLE TO RECEIVE
TRAUMA PATIENTS TRANSFERRED FROM THE HOSPITAL.
(3) A TRAUMA PATIENT TRANSFER AGREEMENT ENTERED INTO BY A HOSPITAL
UNDER DIVISION (B)(1) OF THIS SECTION SHALL COMPLY WITH APPLICABLE
FEDERAL AND STATE LAWS AND CONTAIN PROVISIONS CONFORMING TO THE REQUIREMENTS
FOR TRAUMA CARE PROTOCOLS SET FORTH IN DIVISION (A) OF THIS SECTION.
(C) A HOSPITAL SHALL MAKE TRAUMA CARE PROTOCOLS IT ADOPTS UNDER
DIVISION (A) OF THIS SECTION AND TRAUMA PATIENT TRANSFER AGREEMENTS
IT ADOPTS UNDER DIVISION (B) OF THIS SECTION AVAILABLE FOR PUBLIC
INSPECTION DURING NORMAL WORKING HOURS. A HOSPITAL SHALL FURNISH A COPY OF
SUCH DOCUMENTS UPON REQUEST AND MAY CHARGE A REASONABLE AND NECESSARY FEE FOR
DOING SO, PROVIDED THAT UPON REQUEST IT SHALL FURNISH A COPY OF SUCH DOCUMENTS
TO THE DIRECTOR OF HEALTH FREE OF CHARGE.
Sec. 3727.10. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
SECTION, NO HOSPITAL IN THIS STATE SHALL KNOWINGLY DO ANY OF THE FOLLOWING:
(A) REPRESENT THAT IT IS ABLE TO PROVIDE ADULT OR PEDIATRIC
TRAUMA CARE TO A SEVERELY INJURED PATIENT THAT IS INCONSISTENT WITH ITS LEVEL
OF CATEGORIZATION AS AN ADULT OR
PEDIATRIC TRAUMA CENTER, PROVIDED THAT A HOSPITAL THAT OPERATES AN EMERGENCY
FACILITY MAY REPRESENT THAT IT PROVIDES EMERGENCY CARE;
(B) PROVIDE ADULT OR PEDIATRIC TRAUMA CARE TO A SEVERELY INJURED
PATIENT THAT IS INCONSISTENT WITH
APPLICABLE FEDERAL LAWS, STATE LAWS, AND TRAUMA CARE PROTOCOLS AND PATIENT
TRANSFER AGREEMENTS THE HOSPITAL HAS ADOPTED UNDER SECTION 3727.09 of the Revised Code;
(C) TRANSFER A SEVERELY INJURED ADULT OR PEDIATRIC TRAUMA PATIENT
TO A HOSPITAL
THAT IS NOT A TRAUMA CENTER WITH AN APPROPRIATE LEVEL OF ADULT OR PEDIATRIC
CATEGORIZATION OR OTHERWISE TRANSFER A SEVERELY INJURED ADULT OR PEDIATRIC
TRAUMA PATIENT IN A
MANNER INCONSISTENT WITH ANY APPLICABLE TRAUMA PATIENT TRANSFER AGREEMENT
ADOPTED BY THE HOSPITAL UNDER SECTION 3727.09 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, EXCEPT TRAUMA PATIENTS
WITH
RESPECT TO WHICH DATA IS REPORTED TO THE STATE TRAUMA REGISTRY IN
ACCORDANCE WITH RULES ADOPTED BY THE STATE BOARD OF EMERGENCY MEDICAL SERVICES
UNDER SECTIONS 4765.06 AND 4765.11 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. 4511.191. (A) Any person who operates a vehicle upon
a highway or any public or private property used by the public
for vehicular travel or parking within this state shall be deemed
to have given consent to a chemical test or tests of the
person's blood,
breath, or urine for the purpose of determining the alcohol,
drug, or alcohol and drug content of the person's blood,
breath, or urine
if arrested for operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse or for
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine. The chemical test or tests shall be
administered at the request of a police officer having reasonable
grounds to believe the person to have been operating a vehicle
upon a highway or any public or private property used by the
public for vehicular travel or parking in this state while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse or with a prohibited concentration of alcohol in the
blood, breath, or urine. The law enforcement agency by which the
officer is employed shall designate which of the tests shall be
administered.
(B) Any person who is dead or unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal,
shall be deemed not to have withdrawn consent as provided by
division (A) of this section and the test or tests may be
administered, subject to sections 313.12 to 313.16 of the Revised
Code.
(C)(1) Any person under arrest for operating a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine shall be
advised at a police station, or at a hospital, first-aid station,
or clinic to which the person has been taken for first-aid or
medical treatment, of both of the following:
(a) The consequences, as specified in division (E) of this
section, of the person's refusal to submit upon request to a
chemical test
designated by the law enforcement agency as provided in division
(A) of this section;
(b) The consequences, as specified in division (F) of this
section, of the person's submission to the designated
chemical test if the person is found to have a prohibited
concentration of alcohol in the
blood, breath, or urine.
(2)(a) The advice given pursuant to division (C)(1) of
this section shall be in a written form containing the
information described in division (C)(2)(b) of this section and
shall be read to the person. The form shall contain a statement
that the form was shown to the person under arrest and read to
the person in the presence of the arresting officer and
either another
police officer, a civilian police employee, or an employee of a
hospital, first-aid station, or clinic, if any, to which the
person has been taken for first-aid or medical treatment. The
witnesses shall certify to this fact by signing the form.
(b) The form required by division (C)(2)(a) of this
section shall read as follows:
"You now are under arrest for operating a vehicle while
under the influence of alcohol, a drug of abuse, or both alcohol
and a drug of abuse and will be requested by a police officer to
submit to a chemical test to determine the concentration of
alcohol, drugs of abuse, or alcohol and drugs of abuse in your
blood, breath, or urine.
If you refuse to submit to the requested test or if you
submit to the requested test and are found to have a prohibited
concentration of alcohol in your blood, breath, or urine, your
driver's or commercial driver's license or permit or nonresident
operating privilege immediately will be suspended for the period
of time specified by law by the officer, on behalf of the
registrar of motor vehicles. You may appeal this suspension at
your initial appearance before the court that hears the charges
against you resulting from the arrest, and your initial
appearance will be conducted no later than five days after the
arrest. This suspension is independent of the penalties for the
offense, and you may be subject to other penalties upon
conviction."
(D)(1) If a person under arrest as described in division
(C)(1) of this section is not asked by a police officer to submit
to a chemical test designated as provided in division (A) of this
section, the arresting officer shall seize the Ohio or
out-of-state driver's or commercial driver's license or permit of
the person and immediately forward the seized license or permit
to the court in which the arrested person is to appear on the
charge for which the person was arrested. If the arrested person does
not have the person's driver's or commercial driver's license or
permit on the person's self or in the person's vehicle, the
arresting
officer shall order the arrested person to surrender it to
the law enforcement agency that employs
the officer within twenty-four hours after the arrest, and, upon
the surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the
arrested person is to appear
on the charge for which the person was arrested. Upon
receipt of the
license or permit, the court shall retain it pending the initial
appearance of the arrested person and any action taken under
section 4511.196 of the Revised Code.
If a person under arrest as described in division (C)(1) of
this section is asked by a police officer to submit to a chemical
test designated as provided in division (A) of this section and
is advised of the consequences of the person's refusal or submission as
provided in division (C) of this section and if the person
either refuses to submit to the designated chemical test or the person
submits to the designated chemical test and the test results
indicate that the person's blood contained a concentration
of ten-hundredths of one per cent or more by weight of alcohol,
the person's breath contained a concentration of ten-hundredths of one gram or
more by weight of alcohol per two hundred ten liters of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths of one gram or more by weight of alcohol per
one hundred milliliters of the person's urine at the time of
the alleged
offense, the arresting officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of
suspension upon the person that advises the person that,
independent of any penalties or sanctions imposed upon the
person pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial
driver's license
or permit or nonresident operating privilege is suspended, that
the suspension takes effect immediately, that the suspension will
last at least until the person's initial appearance on the
charge that
will be held within five days after the date of the person's
arrest or the
issuance of a citation to the person, and that
the person may appeal the
suspension at the initial appearance; seize the Ohio or
out-of-state driver's or commercial driver's license or permit of
the person; and immediately forward the seized license or permit
to the registrar. If the arrested person does not have the person's driver's
or commercial driver's license or permit on the person's self or in
the
person's vehicle, the arresting officer shall order
the person to surrender it to the law enforcement agency that employs
the officer within twenty-four hours after the service of the notice
of suspension, and, upon the surrender, the officer's employing
agency immediately shall forward the license or permit to the
registrar.
(b) Verify the current residence of the person and, if it
differs from that on the person's driver's or commercial driver's
license or permit, notify the registrar of the change;
(c) In addition to forwarding the arrested person's
driver's or commercial driver's license or permit to the
registrar, send to the registrar, within forty-eight hours after
the arrest of the person, a sworn report that includes all of the
following statements:
(i) That the officer had reasonable grounds to believe
that, at the time of the arrest, the arrested person was
operating a vehicle upon a highway or public or private property
used by the public for vehicular travel or parking within this
state while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse or with a prohibited concentration of
alcohol in the blood, breath, or urine;
(ii) That the person was arrested and charged with
operating a vehicle while under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse or with operating a
vehicle with a prohibited concentration of alcohol in the blood,
breath, or urine;
(iii) That the officer asked the person to take the
designated chemical test, advised the person of the consequences
of submitting to the chemical test or refusing to take the
chemical test, and gave the person the form described in division
(C)(2) of this section;
(iv) That the person refused to submit to the chemical
test or that the person submitted to the chemical test and the
test results indicate that the person's blood contained a
concentration of
ten-hundredths of one per cent or more by weight of alcohol, the
person's breath contained a concentration of ten-hundredths of one gram or
more by weight of alcohol per two hundred ten liters of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths of one gram or more by weight of alcohol per
one hundred milliliters of the person's urine at the time of
the alleged
offense;
(v) That the officer served a notice of suspension upon
the person as described in division (D)(1)(a) of this section.
(2) The sworn report of an arresting officer completed
under division (D)(1)(c) of this section shall be given by the
officer to the arrested person at the time of the arrest or sent
to the person by regular first class mail by the registrar as
soon thereafter as possible, but no later than fourteen days
after receipt of the report. An arresting officer may give an
unsworn report to the arrested person at the time of the arrest
provided the report is complete when given to the arrested person
and subsequently is sworn to by the arresting officer. As soon
as possible, but no later than forty-eight hours after the arrest
of the person, the arresting officer shall send a copy of the
sworn report to the court in which the arrested person is to
appear on the charge for which the person was arrested.
(3) The sworn report of an arresting officer completed and
sent to the registrar and the court under divisions (D)(1)(c) and
(D)(2) of this section is prima-facie proof of the information
and statements that it contains and shall be admitted and
considered as prima-facie proof of the information and statements
that it contains in any appeal under division (H) of this section
relative to any suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
that results from the arrest covered by the report.
(E)(1) Upon receipt of the sworn report of an arresting
officer completed and sent to the registrar and a court pursuant
to divisions (D)(1)(c) and (D)(2) of this section in regard to a
person who refused to take the designated chemical test, the
registrar shall enter into the registrar's records the fact
that the person's
driver's or commercial driver's license or permit or nonresident
operating privilege was suspended by the arresting officer under
division (D)(1)(a) of this section and the period of the
suspension, as determined under divisions (E)(1)(a) to (d) of
this section. The suspension shall be subject to appeal as
provided in this section and shall be for whichever of the
following periods applies:
(a) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had not refused a previous request to consent to a chemical test
of the person's blood, breath, or urine to determine its
alcohol content,
the period of suspension shall be one year. If the person is a
resident without a license or permit to operate a vehicle within
this state, the registrar shall deny to the person the issuance
of a driver's or commercial driver's license or permit for a
period of one year after the date of the alleged violation.
(b) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had refused one previous request to consent to a chemical test of
the person's blood, breath, or urine to determine its
alcohol content, the
period of suspension or denial shall be two years.
(c) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had refused two previous requests to consent to a chemical test
of the person's blood, breath, or urine to determine its
alcohol content,
the period of suspension or denial shall be three years.
(d) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had refused three or more previous requests to consent to a
chemical test of the person's blood, breath, or urine to
determine its
alcohol content, the period of suspension or denial shall be five
years.
(2) The suspension or denial imposed under division (E)(1)
of this section shall continue for the entire one-year, two-year,
three-year, or five-year period, subject to appeal as provided in
this section and subject to termination as provided in division
(K) of this section.
(F) Upon receipt of the sworn report of an arresting
officer completed and sent to the registrar and a court pursuant
to divisions (D)(1)(c) and (D)(2) of this section in regard to a
person whose test results indicate that the person's blood
contained a
concentration of ten-hundredths of one per cent or more by weight
of alcohol, the person's breath contained a concentration of
ten-hundredths of one gram or more by weight of alcohol per two
hundred ten liters of the person's breath, or
the person's urine contained a
concentration of fourteen-hundredths of one gram or more by
weight of alcohol per one hundred milliliters of the
person's urine at the time of the alleged offense, the registrar shall
enter into the registrar's records the fact that the person's driver's or
commercial
driver's license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of
this section and the period of the suspension, as determined
under divisions (F)(1) to (4) of this section. The suspension
shall be subject to appeal as provided in this section and shall
be for whichever of the following periods that applies:
(1) Except when division (F)(2), (3), or (4) of this section
applies and specifies a different period of suspension or denial, the period
of the suspension or denial shall be ninety days.
(2) If the person has been convicted, within six years of
the date the test
was conducted, of one violation of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section, or section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that at the time of the commission of the
offense the offender was under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse, or a statute of the United States or
of any other state or a municipal ordinance of a municipal corporation located
in any other state that is substantially similar to division (A) or (B) of
section 4511.19 of the Revised Code, the period of the
suspension or denial shall be one year.
(3) If the person has been convicted, within six years of
the date the test was conducted, of two violations of a statute
or ordinance described in division (F)(2) of this section,
the period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of
the date the test was conducted, of more than two violations of a
statute or ordinance described in division (F)(2) of this
section, the period of the suspension or denial shall be three
years.
(G)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under division (D)(1)(a) of this section for the period of time
described in division (E) or (F) of this section is effective
immediately from the time at which the arresting officer serves
the notice of suspension upon the arrested person. Any
subsequent finding that the person is not guilty of the charge
that resulted in the person being requested to take, or in
the person taking,
the chemical test or tests under division (A) of this section
affects the suspension only as described in division (H)(2) of
this section.
(2) If a person is arrested for operating a vehicle while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and
regardless of whether the person's driver's or commercial
driver's license or permit or nonresident operating privilege is
or is not suspended under division (E) or (F) of this section,
the person's initial appearance on the charge resulting from the
arrest shall be held within five days of the person's arrest or
the issuance of the citation to the person, subject to any
continuance
granted by the court pursuant to division (H)(1) of this section
regarding the issues specified in that division.
(H)(1) If a person is arrested for operating a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and if
the person's driver's or commercial driver's license or permit or
nonresident operating privilege is suspended under division (E)
or (F) of this section, the person may appeal the suspension at
the person's initial appearance on the charge
resulting from
the arrest in the court in which the person will appear on
that charge. If the person appeals the suspension at the
person's initial appearance, the appeal does
not stay the operation of the suspension. Subject to division
(H)(2) of this section, no court has jurisdiction to grant a stay
of a suspension imposed under division (E) or (F) of this
section, and any order issued by any court that purports to grant
a stay of any suspension imposed under either of those divisions
shall not be given administrative effect.
If the person appeals the suspension at the person's initial
appearance, either the person or the registrar may request a
continuance
of the appeal. Either the person or the registrar shall make the
request for a continuance of the appeal at the same time as the
making of the appeal. If either the person or the registrar
requests a continuance of the appeal, the court may grant the
continuance. The court also may continue the appeal on its own
motion. The granting of a continuance applies only to the
conduct of the appeal of the suspension and does not extend the
time within which the initial appearance must be conducted, and
the court shall proceed with all other aspects of the initial
appearance in accordance with its normal procedures. Neither the
request for nor the granting of a continuance stays the operation
of the suspension that is the subject of the appeal.
If the person appeals the suspension at the person's initial
appearance, the scope of the appeal is limited to determining
whether one or more of the following conditions have not been
met:
(a) Whether the law enforcement officer had reasonable
ground to believe the arrested person was operating a vehicle
upon a highway or public or private property used by the public
for vehicular travel or parking within this state while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or with a prohibited concentration of alcohol in the blood,
breath, or urine and whether the arrested person was in fact
placed under arrest;
(b) Whether the law enforcement officer requested the
arrested person to submit to the chemical test designated
pursuant to division (A) of this section;
(c) Whether the arresting officer informed the arrested
person of the consequences of refusing to be tested or of
submitting to the test;
(d) Whichever of the following is applicable:
(i) Whether the arrested person refused to submit to the
chemical test requested by the officer;
(ii) Whether the chemical test results indicate that the
arrested person's blood contained a concentration of ten-hundredths of one
per cent
or more by weight of alcohol, the person's breath contained
a
concentration of ten-hundredths of one gram or more by weight of
alcohol per two hundred ten liters of the person's breath,
or the person's urine contained a concentration of
fourteen-hundredths of one gram or
more by weight of alcohol per one hundred milliliters of the
person's urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial
appearance, the judge or referee of the court or the mayor of the
mayor's court shall determine whether one or more of the
conditions specified in divisions (H)(1)(a) to (d) of this
section have not been met. The person who appeals the suspension
has the burden of proving, by a preponderance of the evidence,
that one or more of the specified conditions has not been met.
If during the appeal at the initial appearance the judge or
referee of the court or the mayor of the mayor's court determines
that all of those conditions have been met, the judge, referee,
or mayor shall uphold the suspension, shall continue the
suspension, and shall notify the registrar of the decision on a form
approved by the registrar. Except as otherwise provided in division
(H)(2) of this section, if the suspension is upheld or if the person does not
appeal the suspension at the person's initial appearance
under division (H)(1) of this section, the suspension shall continue until the
complaint alleging the violation for which the person was arrested and in
relation to which the suspension was imposed is adjudicated on
the merits by the judge or referee of the trial court or by the
mayor of the mayor's court. If the suspension was imposed under
division (E) of this section and it is continued under this
division, any subsequent finding that the person is not guilty of
the charge that resulted in the person being requested to take the
chemical test or tests under division (A) of this section does
not terminate or otherwise affect the suspension. If the
suspension was imposed under division (F) of this section and it
is continued under this division, the suspension shall terminate
if, for any reason, the person subsequently is found not guilty
of the charge that resulted in the person taking the
chemical test or
tests under division (A) of this section.
If, during the appeal at the initial appearance, the judge
or referee of the trial court or the mayor of the mayor's court
determines that one or more of the conditions specified in
divisions (H)(1)(a) to (d) of this section have not been met, the
judge, referee, or mayor shall terminate the suspension, subject
to the imposition of a new suspension under division (B) of
section 4511.196 of the Revised Code; shall notify the registrar
of the decision on a form approved by the registrar; and, except as
provided in division (B) of
section 4511.196 of the Revised Code, shall order the registrar
to return the driver's or commercial driver's license or permit
to the person or to take such measures as may be necessary, if
the license or permit was destroyed under section 4507.55 of the
Revised Code, to permit the person to obtain a replacement
driver's or commercial driver's license or permit from the
registrar or a deputy registrar in accordance with that section. The court
also shall issue to the person a court order, valid for
not more than ten days from the date of issuance, granting the
person operating privileges for that period of time.
If the person appeals the suspension at the initial
appearance, the registrar shall be represented by the prosecuting
attorney of the county in which the arrest occurred if the
initial appearance is conducted in a juvenile court or county
court, except that if the arrest occurred within a city or
village within the jurisdiction of the county court in which the
appeal is conducted, the city director of law or village
solicitor of that city or village shall represent the registrar.
If the appeal is conducted in a municipal court, the registrar
shall be represented as provided in section 1901.34 of the
Revised Code. If the appeal is conducted in a mayor's court, the
registrar shall be represented by the city director of law,
village solicitor, or other chief legal officer of the municipal
corporation that operates that mayor's court.
(I)(1) If a person's driver's or commercial driver's
license or permit or nonresident operating privilege has been
suspended pursuant to division (E) of this section, and the
person, within the preceding seven years, has refused three
previous requests to consent to a chemical test of the
person's blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of that section, or section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute
of the United States or of any other state or a municipal ordinance of a
municipal corporation located in any other state that is substantially similar
to division (A) or (B) of section 4511.19 of the Revised Code, the
person is not entitled to request, and the court shall not grant
to the person, occupational driving privileges under this
division. Any other person whose driver's or commercial driver's
license or nonresident operating privilege has been suspended
pursuant to division (E) of this section may file a petition
requesting occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person is a minor,
juvenile court
with jurisdiction over the related criminal or delinquency case.
The petition may be filed at any time subsequent to the date on
which the notice of suspension is served upon
the arrested person. The person shall pay the costs of the
proceeding, notify the registrar of the filing of the petition,
and send the registrar a copy of the petition.
In the proceedings, the registrar shall be represented by
the prosecuting attorney of the county in which the arrest
occurred if the petition is filed in the juvenile court, county
court, or common pleas court, except that, if the arrest occurred within a
city or
village within the jurisdiction of the county court in which the
petition is filed, the city director of law or village solicitor
of that city or village shall represent the registrar. If the
petition is filed in the municipal court, the registrar shall be
represented as provided in section 1901.34 of the Revised Code. If the
petition is filed in a mayor's court, the registrar shall be represented by
the city director of law, village solicitor, or other chief legal officer
of the municipal corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that
suspension would seriously affect the person's ability to
continue in the person's employment, may grant the person
occupational
driving privileges during the period of suspension imposed
pursuant to division (E) of this section, subject to the
limitations contained in this division and division (I)(2) of
this section. The court may grant the occupational driving
privileges, subject to the limitations contained in this division
and division (I)(2) of this section, regardless of whether the
person appeals the suspension at the person's initial
appearance under
division (H)(1) of this section or appeals the decision of the
court made pursuant to the appeal conducted at the initial
appearance, and, if the person has appealed the suspension or
decision, regardless of whether the matter at issue has been
heard or decided by the court. The court shall not grant
occupational driving privileges to any person who, within seven
years of the filing of the petition, has refused three previous
requests to consent to a chemical test of the person's
blood, breath, or
urine to determine its alcohol content or has been convicted of
or pleaded guilty to three or more violations of division (A) or
(B) of section 4511.19 of the Revised Code, a municipal ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, a
municipal ordinance relating to operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the
person was subject to the sanctions described in division (D) of
that section, or section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a
statute of the United States or of any other state or a municipal ordinance of
a municipal corporation located in any other state that is substantially
similar to division (A) or (B) of section 4511.19 of the Revised Code, and
shall not grant occupational driving privileges for employment as
a driver of commercial motor vehicles to any person who is
disqualified from operating a commercial motor vehicle under
section 2301.374 or 4506.16 of the Revised Code.
(2)(a) In granting occupational driving privileges under
division (I)(1) of this section, the court may impose any
condition it considers reasonable and necessary to limit the use
of a vehicle by the person. The court shall deliver to the
person a permit card, in a form to be prescribed by the court,
setting forth the time, place, and other conditions limiting the
defendant's use of a vehicle. The grant of occupational driving
privileges shall be conditioned upon the person's having the
permit in the person's possession at all times during which
the person is
operating a vehicle.
A person granted occupational driving privileges who
operates a vehicle for other than occupational purposes, in
violation of any condition imposed by the court, or without
having the permit in the person's possession, is guilty of a
violation of
section 4507.02 of the Revised Code.
(b) The court may not grant a person occupational driving
privileges under division (I)(1) of this section when prohibited
by a limitation contained in that division or during any of the
following periods of time:
(i) The first thirty days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's blood,
breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had not refused a previous request to
consent to a chemical test of the person's blood, breath, or
urine to
determine its alcohol content;
(ii) The first ninety days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's blood,
breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had refused one previous request to
consent to a chemical test of the person's blood, breath, or
urine to
determine its alcohol content;
(iii) The first year of suspension imposed upon a person
who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood, breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had refused two previous requests to
consent to a chemical test of the person's blood, breath, or
urine to
determine its alcohol content;
(iv) The first three years of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's blood,
breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had refused three or more previous
requests to consent to a chemical test of the person's
blood, breath, or
urine to determine its alcohol content.
(3) The court shall give information in writing of any
action taken under this section to the registrar.
(4) If a person's driver's or commercial driver's license
or permit or nonresident operating privilege has been suspended
pursuant to division (F) of this section, and the person, within
the preceding seven years, has been convicted of or pleaded
guilty to three or more violations of division (A) or (B) of
section 4511.19 of the Revised Code, a municipal ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, a
municipal ordinance relating to operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the
person was subject to the sanctions described in division (D) of
that section, or section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute
of the United States or of any other state or a municipal ordinance of a
municipal corporation located
in any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code, the
person is not entitled to request, and the court shall not grant
to the person, occupational driving privileges under this
division. Any other person whose driver's or commercial driver's
license or nonresident operating privilege has been suspended
pursuant to division (F) of this section may file in the court
specified in division (I)(1) of this section a petition
requesting occupational driving privileges in accordance with
section 4507.16 of the Revised Code. The petition may be filed
at any time subsequent to the date on which the arresting officer
serves the notice of suspension upon the arrested person. Upon
the making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code.
The court may grant the occupational driving privileges, subject
to the limitations contained in section 4507.16 of the Revised
Code, regardless of whether the person appeals the suspension at
the person's initial appearance under division (H)(1) of
this section or
appeals the decision of the court made pursuant to the appeal
conducted at the initial appearance, and, if the person has
appealed the suspension or decision, regardless of whether the
matter at issue has been heard or decided by the court.
(J) When it finally has been determined under the
procedures of this section that a nonresident's privilege to
operate a vehicle within this state has been suspended, the
registrar shall give information in writing of the action taken
to the motor vehicle administrator of the state of the person's
residence and of any state in which the person has a license.
(K) A suspension of the driver's or commercial driver's
license or permit of a resident, a suspension of the operating
privilege of a nonresident, or a denial of a driver's or
commercial driver's license or permit pursuant to
division (E) or (F) of this section shall be
terminated by the
registrar upon receipt of notice of the person's entering a plea
of guilty to, or of the person's conviction of, operating a vehicle
while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or with a prohibited concentration of alcohol in
the blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same incident
that led to the suspension or denial.
The registrar shall credit against any judicial suspension
of a person's driver's or commercial driver's license or permit
or nonresident operating privilege imposed pursuant to division
(B) or (E) of section 4507.16 of the Revised Code any time during
which the person serves a related suspension imposed pursuant to
division (E) or (F) of this section.
(L) At the end of a suspension period under this section,
section 4511.196, or division (B) of section 4507.16 of the
Revised Code and upon the request of the person whose driver's or
commercial driver's license or permit was suspended and who is
not otherwise subject to suspension, revocation, or
disqualification, the registrar shall return the driver's or
commercial driver's license or permit to the person upon the
person's compliance with all of the
conditions specified in divisions (L)(1) and (2)
of this section:
(1) A showing by the person that the person has proof of
financial
responsibility, a policy of liability insurance in effect that
meets the minimum standards set forth in section 4509.51 of the
Revised Code, or proof, to the satisfaction of the registrar,
that the person is able to respond in damages in an amount at
least equal to the minimum amounts specified in section 4509.51
of the Revised Code.
(2) Subject to the limitation contained in division
(L)(3) of this section, payment by the person of a license
reinstatement fee
of four hundred TWENTY-five dollars to the
bureau of motor
vehicles,
which fee shall be deposited in the state treasury and credited
as follows:
(a) One hundred twelve dollars and fifty
cents shall be credited to the drivers'
treatment and intervention fund, which is hereby established.
The fund shall be used to pay the costs of driver treatment and
intervention programs operated pursuant to sections 3793.02 and
3793.10 of the Revised Code. The director of alcohol and drug
addiction services shall determine the share of the fund that is
to be allocated to alcohol and drug addiction programs authorized
by section 3793.02 of the Revised Code, and the share of the fund
that is to be allocated to drivers' intervention programs
authorized by section 3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents
shall be credited to the indigent
drivers alcohol treatment fund, which is hereby established. Except as
otherwise provided in division
(L)(2)(c) of this section, moneys in the fund shall be
distributed by the department of alcohol and drug addiction
services to the county indigent drivers alcohol
treatment funds, the county juvenile indigent drivers alcohol treatment funds,
and the municipal indigent drivers alcohol treatment funds that are
required to be established by counties and municipal corporations pursuant
to division (N) of this section, and shall be used only to pay
the cost of an alcohol and drug addiction treatment program
attended by an offender or juvenile traffic offender who is
ordered to attend an alcohol and drug addiction treatment program
by a county, juvenile, or municipal court judge and who is
determined by the county, juvenile, or municipal court judge not
to have the means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with that
division. Moneys in the fund that are not
distributed to a county indigent drivers alcohol treatment fund,
a county juvenile indigent drivers alcohol treatment fund, or a
municipal indigent drivers alcohol treatment fund under division
(N) of this section because the director of alcohol and drug addiction
services does not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was arrested may
be transferred by the director of budget and management to the drivers'
treatment and intervention fund, created in division (L)(2)(a) of this
section, upon certification of the amount by the director of alcohol and drug
addiction services.
(d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(L)(4) of this section.
(f) Thirty dollars shall be credited to the state bureau of motor
vehicles fund created by section 4501.25 of the Revised Code.
(g) TWENTY DOLLARS SHALL BE CREDITED TO THE TRAUMA AND EMERGENCY
MEDICAL SERVICES GRANTS FUND CREATED BY SECTION 4513.263 of the Revised Code.
(3) If a person's driver's or commercial driver's license or
permit is suspended under division (E) or (F) of this
section, section 4511.196, or
division (B) of section 4507.16 of the Revised Code, or any combination of the
suspensions described in division (L)(3) of this section, and if the
suspensions arise from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be required to
pay to the bureau, only one reinstatement fee of four hundred five
dollars. The reinstatement fee shall be distributed by the bureau in
accordance with division (L)(2) of this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under division (L)(2)(e) of this
section shall be used by the agency to pay for not more than
fifty per cent of the amount of the salaries of law enforcement
officers who conduct drug abuse resistance education programs in
public schools. The attorney general shall not use more than six
per cent of the amounts the attorney general's office
receives under division
(L)(2)(e) of this section to pay the costs it incurs in
administering the grant program established by division (L)(2)(e)
of this section and in providing training and materials relating
to drug abuse resistance education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(M) Suspension of a commercial driver's license under
division (E) or (F) of this section shall be concurrent with any
period of disqualification under section 2301.374 or 4506.16 of the Revised
Code. No person who is disqualified for life from holding a
commercial driver's license under section 4506.16 of the Revised
Code shall be issued a driver's license under Chapter 4507. of
the Revised Code during the period for which the commercial
driver's license was suspended under division (E) or (F) of this
section, and no person whose commercial driver's license is
suspended under division (E) or (F) of this section shall be
issued a driver's license under that chapter during the period of
the suspension.
(N)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (L) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines that are specified for deposit into a county or municipal
indigent drivers alcohol treatment fund by section 4511.193 of
the Revised Code shall be deposited into that county indigent
drivers alcohol treatment fund, county juvenile indigent drivers
alcohol treatment fund, or municipal indigent drivers alcohol
treatment fund in accordance with division (N)(2) of this
section. Additionally, all portions of fines that are paid for a
violation of section 4511.19 of the Revised Code or division
(B)(2) of section 4507.02 of the Revised Code, and that are
required under division (A)(1) or (2) of section 4511.99 or
division (B)(5) of section 4507.99 of the Revised Code to be
deposited into a county indigent drivers alcohol treatment fund
or municipal indigent drivers alcohol treatment fund shall be
deposited into the appropriate fund in accordance with the
applicable division.
(2) That portion of the license reinstatement fee that is
paid under division (L) of this section and that is credited
under that division to the indigent drivers alcohol treatment
fund shall be deposited into a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund as follows:
(a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension, the portion shall be deposited into the county
juvenile indigent drivers alcohol treatment fund established in
the county served by the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court.
(b) If the suspension in question was imposed under
division (B) of section 4507.16 of the Revised Code, that portion
of the fee shall be deposited as follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit was suspended by a municipal court, the portion shall be
deposited into the municipal indigent drivers alcohol treatment
fund under the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment program or for payment of the costs specified in division
(N)(4) of this section in accordance with that division. The
alcohol and drug addiction services board or the board of alcohol, drug
addiction, and
mental health services established pursuant to section 340.02 or
340.021 of
the Revised Code and serving the alcohol, drug addiction, and mental
health service district in which the court is located shall
administer the indigent drivers alcohol treatment program of the
court. When a court orders an offender or juvenile traffic
offender to attend an alcohol and drug addiction treatment
program, the board shall determine which program is suitable to
meet the needs of the offender or juvenile traffic offender, and
when a suitable program is located and space is available at the
program, the offender or juvenile traffic offender shall attend
the program designated by the board. A reasonable amount not to
exceed five per cent of the amounts credited to and deposited
into the county indigent drivers alcohol treatment fund, the
county juvenile indigent drivers alcohol treatment fund, or the
municipal indigent drivers alcohol treatment fund serving every
court whose program is administered by that board shall be paid
to the board to cover the costs it incurs in administering those
indigent drivers alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or the board
of alcohol, drug addiction, and mental health services established pursuant to
section 340.02 or 340.021 of the Revised Code
and serving the alcohol, drug addiction, and
mental health district in which the court is located, that
the funds in the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal indigent
drivers alcohol treatment fund under the control of the court are more than
sufficient to satisfy the purpose for which the fund was established, as
specified in divisions (N)(1) to (3) of this section, the
court may declare a surplus in the fund. If the court declares a surplus in
the fund, the court may expend the amount of the surplus in the fund for
alcohol and drug abuse assessment and treatment of persons who are charged in
the court with committing a criminal offense or with being a delinquent child
or juvenile traffic offender and in relation to whom both of the following
apply:
(a) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity or the
juvenile traffic offense with which the person is charged.
(b) The court determines that the person is unable
to pay the cost of the alcohol and drug abuse assessment and treatment for
which the surplus money will be used.
Sec. 4511.81. (A) When any child who is in either or both of the following
categories is being transported in a motor vehicle, other than a taxicab or
public safety vehicle as defined in section 4511.01 of the Revised Code, that
is registered in this
state and is required by the United States
department of transportation to be equipped with seat belts at
the time of manufacture or assembly, the operator of the motor
vehicle shall have the child properly secured in accordance with
the manufacturer's instructions in a child restraint system that
meets federal motor vehicle safety standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(B) When any child who is in either or both of the following categories is
being transported in a motor
vehicle, other than a taxicab, that is registered in this state
and is owned, leased, or otherwise under the control of a nursery
school, kindergarten, or day-care center, the operator of the
motor vehicle shall have the child properly secured in accordance
with the manufacturer's instructions in a child restraint system
that meets federal motor vehicle safety standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(C) The director of public safety shall adopt such rules
as are necessary to carry out this section.
(D) The failure of an operator of a motor vehicle to
secure a child in a child restraint system as required by this section is not
negligence imputable to
the child, is not admissible as evidence in any civil action
involving the rights of the child against any other person
allegedly liable for injuries to the child, is not to be used as
a basis for a criminal prosecution of the operator of the motor
vehicle other than a prosecution for a violation of this section,
and is not admissible as evidence in any criminal action
involving the operator of the motor vehicle other than a
prosecution for a violation of this section.
(E) This section does not apply when an emergency exists
that threatens the life of any person operating a motor vehicle and
to whom this section otherwise would apply or the life of any
child who otherwise would be required to be restrained under this
section.
(F) If a person who is not a resident of this state is
charged with a violation of division (A) or (B) of
this section and does not prove to the court, by a preponderance
of the evidence, that his THE PERSON'S use or nonuse of a child
restraint
system was in accordance with the law of the state of which he THE
PERSON is
a resident, the court shall impose the fine levied by division
(H)(2) of section 4511.99 of the Revised Code.
(G) There is hereby created in the state treasury the "child highway safety
fund," consisting of those portions of every fine FINES imposed
pursuant to
divisions (H)(1) and (2) of section 4511.99 of the Revised Code for violations
of divisions (A) and (B) of this section, that are required to be forwarded
to
the treasurer of state for deposit in the fund. The money in the fund
shall
be used by the department of health only for the purpose of
establishing TO DEFRAY THE COST OF VERIFYING PEDIATRIC TRAUMA CENTERS
UNDER SECTION 3702.161 of the Revised Code AND TO ESTABLISH and
administering ADMINISTER a child highway safety program. The
purpose of the program
shall be to educate the public about child restraint systems generally and the
importance of their proper use. The program also shall include a process for
providing child restraint systems to persons who meet the eligibility criteria
established by the department, and a toll-free telephone number the public may
utilize to obtain information about child restraint systems and their proper
use.
The director of health, in accordance with Chapter 119. of the Revised Code,
shall adopt any rules necessary to carry out this section, including rules
establishing the criteria a person must meet in order to receive a child
restraint system under the department's child restraint system program;
PROVIDED THAT RULES RELATING TO THE VERIFICATION OF PEDIATRIC TRAUMA
CENTERS SHALL NOT BE ADOPTED UNDER THIS SECTION.
Sec. 4511.99. (A) Whoever violates division (A) of
section 4511.19 of the Revised Code, in addition to the license
suspension or revocation provided in section 4507.16 of the
Revised Code and any disqualification imposed under section
4506.16 of the Revised Code, shall be punished as provided in
division (A)(1), (2), (3), or (4) of this section.
(1) Except as otherwise provided in division (A)(2), (3), or (4) of this
section, the offender is guilty of a misdemeanor of the first degree and
the court shall sentence the offender to a term of imprisonment of
three consecutive days and may sentence the offender pursuant to
section 2929.21 of the Revised Code to a longer term of
imprisonment. In addition, the court shall impose upon the
offender a fine of not less than two hundred and not more than
one thousand dollars.
The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
this division, if the court, in lieu of the suspended term of
imprisonment, places the offender on probation and requires the
offender to attend, for three consecutive days, a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. The court also may suspend the
execution of any part of the mandatory three consecutive days of
imprisonment that it is required to impose by this division, if
the court places the offender on probation for part of the three
consecutive days; requires the offender to attend, for that part
of the three consecutive days, a drivers' intervention program
that is certified pursuant to section 3793.10 of the Revised
Code; and sentences the offender to a term of imprisonment equal
to the remainder of the three consecutive days that the offender
does not spend attending the drivers' intervention program. The
court may require the offender, as a condition of probation, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted pursuant
to Chapter 3793. of the Revised Code by the director of alcohol
and drug addiction services, in addition to the required
attendance at a drivers' intervention program, that the operators
of the drivers' intervention program determine that the offender
should attend and to report periodically to the court on the offender's
progress in the programs. The court also may impose any other
conditions of probation on the offender that it considers
necessary.
Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing section 4511.19 of the Revised
Code or a substantially similar municipal ordinance and in
informing the public of the laws governing the operation of a
motor vehicle while under the influence of alcohol, the dangers
of operating a motor vehicle while under the influence of
alcohol, and other information relating to the operation of a
motor vehicle and the consumption of alcoholic beverages.
Twenty-five dollars of the fine imposed pursuant to this division
shall be deposited into the county indigent drivers alcohol
treatment fund or municipal indigent drivers alcohol treatment
fund under the control of that court, as created by the county or
municipal corporation pursuant to division (N) of section
4511.191 of the Revised Code. The balance of the fine shall be
disbursed as otherwise provided by law.
(2)(a) Except as otherwise provided in division (A)(4)
of this section, if, within six years of the offense,
the offender
has been convicted of or pleaded guilty to one violation of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section, section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of
the United States or of any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the offender is guilty of a misdemeanor of the first degree and,
except as provided in this division, the court shall sentence the
offender to a term of imprisonment of ten consecutive days and
may sentence the offender pursuant to section 2929.21 of the
Revised Code to a longer term of imprisonment. As an alternative
to the term of imprisonment required to be imposed by this
division, but subject to division (A)(8) of this section, the
court may impose upon the offender a sentence consisting of both
a term of imprisonment of five consecutive days and not less than
eighteen consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the
Revised Code. The five consecutive days of imprisonment and the
period of electronically monitored house arrest shall not exceed
six months. The five consecutive days of imprisonment do not
have to be served prior to or consecutively with the period of
electronically monitored house arrest.
In addition, the court shall impose upon the offender a
fine of not less than three hundred and not more than one
thousand five hundred dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. If the officials of the drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The cost of the treatment shall be paid by the offender.
Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance and in informing the public of the laws governing the
operation of a motor vehicle while under the influence of
alcohol, the dangers of operating a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of alcoholic
beverages. Sixty-five dollars of the fine imposed pursuant to
this division shall be paid to the political subdivision
responsible for housing the offender during the offender's
term of
incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration costs it incurs in
housing persons who violate section 4511.19 of the Revised Code
or a substantially similar municipal ordinance and to pay for
ignition interlock devices and electronic house arrest equipment
for persons who violate that section, and shall be paid to the
credit of the fund that pays the cost of the incarceration.
Fifty dollars of the fine imposed pursuant to this division shall
be deposited into the county indigent drivers alcohol treatment
fund or municipal indigent drivers alcohol treatment fund under
the control of that court, as created by the county or municipal
corporation pursuant to division (N) of section 4511.191 of the
Revised Code. The balance of the fine shall be disbursed as
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in addition to the
penalties imposed under division (A)(2)(a) of this section and
all other penalties provided by law and subject to section
4503.235 of the Revised Code, shall order the immobilization for
ninety days of the vehicle the offender was operating at the time
of the offense and the impoundment for ninety days of the
identification license plates of that vehicle. The order for the
immobilization and impoundment shall be issued and enforced in
accordance with section 4503.233 of the Revised Code.
(3)(a) Except as otherwise provided in division (A)(4)
of this section, if, within six years of the offense,
the offender
has been convicted of or pleaded guilty to two violations of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section, section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse,
or a statute of the United States or of any other
state or a municipal ordinance of a municipal corporation located in any other
state that is substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, except as provided in this division, the court shall
sentence the offender to a term of imprisonment of thirty consecutive days and
may sentence the offender to a longer definite term of
imprisonment of not more than one year. As an alternative to the
term of imprisonment required to be imposed by this division, but
subject to division (A)(8) of this section, the court may impose
upon the offender a sentence consisting of both a term of
imprisonment of fifteen consecutive days and not less than
fifty-five consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the
Revised Code. The fifteen consecutive days of imprisonment and
the period of electronically monitored house arrest shall not
exceed one year. The fifteen consecutive days of imprisonment do
not have to be served prior to or consecutively with the period
of electronically monitored house arrest.
In addition, the court shall impose upon the offender a
fine of not less than five hundred and not more than two thousand
five hundred dollars.
In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The cost of the treatment shall be paid by
the offender. If the court determines that the offender is
unable to pay the cost of attendance at the treatment
program, the court may order that payment of the cost of the
offender's attendance at the treatment program be made from that
court's indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education fund established by the legislative authority of the
law enforcement agency in this state that primarily was
responsible for the arrest of the offender, as determined by the
court that imposes the fine. This share shall be used by the
agency to pay only those costs it incurs in enforcing section
4511.19 of the Revised Code or a substantially similar municipal
ordinance and in informing the public of the laws governing the
operation of a motor vehicle while under the influence of
alcohol, the dangers of operating a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of alcoholic
beverages. Two hundred twenty-seven dollars of the fine imposed
pursuant to this division shall be paid to the political
subdivision responsible for housing the offender during the
offender's term
of incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration costs it incurs in
housing persons who violate division (A) of section 4511.19 of
the Revised Code or a substantially similar municipal ordinance
and to pay for ignition interlock devices and electronic house
arrest equipment for persons who violate that section and shall
be paid to the credit of the fund that pays the cost of
incarceration. The balance of the fine shall be disbursed as
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in addition to the
penalties imposed under division (A)(3)(a) of this section and
all other penalties provided by law and subject to section
4503.235 of the Revised Code, shall order the immobilization for
one hundred eighty days of the vehicle the offender was operating
at the time of the offense and the impoundment for one hundred
eighty days of the identification license plates of that vehicle.
The order for the immobilization and impoundment shall be issued
and enforced in accordance with section 4503.233 of the Revised
Code.
(4)(a) If, within six years of the offense, the offender
has been convicted of or pleaded guilty to three or more
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, a municipal ordinance relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, section 2903.04 of the Revised Code
in a case in which the offender was subject to the sanctions
described in division (D) of that section, section 2903.06,
2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the offender
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of the United States or
of any other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code, or if the offender previously has
been convicted of or pleaded guilty to a violation of division (A) of section
4511.19 of the Revised Code under circumstances in which the violation was a
felony and regardless of when the violation and the conviction
or guilty plea occurred, the offender is guilty of a felony of
the fourth degree. The court shall sentence the offender in accordance
with sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration of sixty
consecutive days of imprisonment in accordance with division (G)(1)
of section 2929.13 of the Revised Code or a mandatory prison
term of sixty consecutive days of imprisonment in accordance with division
(G)(2) of that section, whichever is applicable. If the offender is
required to serve a mandatory term of local incarceration of sixty consecutive
days of imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 2929.17 of the
Revised Code, may impose upon the
offender a sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house arrest shall
not commence until after the offender has served the mandatory term of local
incarceration.
In addition to all other sanctions imposed, the court shall impose upon
the offender, pursuant to section 2929.18 of the Revised Code, a
fine of not less than seven hundred fifty nor more than ten
thousand dollars.
In addition to any other sanction that it imposes upon
the
offender, the court shall require the offender to attend
an alcohol
and drug addiction program authorized by section 3793.02 of the
Revised Code. The cost of the treatment shall be paid by the
offender. If the court determines that the offender is unable to
pay the cost of attendance at the treatment program, the
court may order that payment of the cost of the offender's
attendance at the treatment program be made from the court's
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing section 4511.19 of the Revised
Code or a substantially similar municipal ordinance and in
informing the public of the laws governing operation of a motor
vehicle while under the influence of alcohol, the dangers of
operation of a motor vehicle while under the influence of
alcohol, and other information relating to the operation of a
motor vehicle and the consumption of alcoholic beverages. Three
hundred ninety dollars of the fine imposed pursuant to this
division shall be paid to the political subdivision responsible
for housing the offender during the offender's term of
incarceration. This
share shall be used by the political subdivision to pay or
reimburse incarceration costs it incurs in housing persons who
violate division (A) of section 4511.19 of the Revised Code or a
substantially similar municipal ordinance and to pay for ignition
interlock devices and electronic house arrest equipment for
persons who violate that section, and shall be paid to the credit
of the fund that pays the cost of incarceration. The balance of
the fine shall be disbursed as otherwise provided by law.
(b) Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the
offender's name or
in the name of another person, the court, in addition to the
sanctions imposed under division (A)(4)(a) of this
section and
all other sanctions provided by law and subject to
section
4503.235 of the Revised Code, shall order the criminal forfeiture
to the state of the vehicle the offender was operating at the
time of the offense. The order of criminal forfeiture shall be
issued and enforced in accordance with section 4503.234 of the
Revised Code.
(c) As used in division (A)(4)(a) of
this section, "mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 of the Revised Code.
If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division (C)(2)
or (3) of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may fine the
offender the value of the vehicle as determined by publications of the
national auto dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division (D)(4) of
section 4503.234 of the Revised Code.
(5)(a) Except as provided in division (A)(5)(b) of this
section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1),
(2), (3), or (4) of this section to continue the offender's
employment, the
court may authorize that the offender be granted work release
from imprisonment after the offender has served the three, ten,
or thirty consecutive days of imprisonment or the
mandatory term of local incarceration of sixty consecutive days that the
court
is required by division (A)(1), (2), (3), or (4) of this section
to impose. No court shall authorize work release from
imprisonment during the three, ten, or thirty consecutive
days of imprisonment or the mandatory term of local incarceration or
mandatory prison term of sixty consecutive
days that the court is required by division
(A)(1), (2), (3), or (4) of this section to impose. The duration
of the work release shall not exceed the time necessary each day
for the offender to commute to and from the place of employment
and the place of imprisonment and the time actually spent under
employment.
(b) An offender who is sentenced pursuant to division
(A)(2) or (3) of this section to a term of imprisonment followed
by a period of electronically monitored house arrest is not
eligible for work release from imprisonment, but that person
shall be permitted work release during the period of
electronically monitored house arrest. The duration of the work
release shall not exceed the time necessary each day for the
offender to commute to and from the place of employment and the
offender's home or other place specified by the sentencing court and the
time actually spent under employment.
(6) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence, the placement of an offender in any treatment
program
in lieu of imprisonment, or the use of a community control sanction for an
offender convicted of a felony, no court shall suspend the
ten or thirty consecutive days of imprisonment required to be imposed on an
offender by division (A)(2) or (3) of this section, no court shall place an
offender who is sentenced pursuant to division (A)(2), (3), or
(4) of this section in any treatment program in lieu of
imprisonment until after the offender has served the ten or thirty consecutive
days of imprisonment or the mandatory term of
local incarceration or mandatory prison term
of sixty consecutive days required to be imposed
pursuant to division (A)(2), (3), or (4) of this section, no court that
sentences an offender under division (A)(4) of this section shall
impose any sanction other than a mandatory term of local incarceration or
mandatory prison term to apply to the
offender until after the offender has served the mandatory term of local
incarceration or mandatory prison term of
sixty consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no
court that imposes a sentence of imprisonment and a period of
electronically monitored house arrest upon an offender under
division (A)(2) or (3) of this section shall suspend any portion
of the sentence or place the offender in any treatment program in
lieu of imprisonment or electronically monitored house arrest.
Notwithstanding any section of the Revised Code that authorizes
the suspension of the imposition or execution of a sentence or
the placement of an offender in any treatment program in lieu of
imprisonment, no court, except as specifically authorized by
division (A)(1) of this section, shall suspend the three
consecutive days of imprisonment required to be imposed by
division (A)(1) of this section or place an offender who is
sentenced pursuant to division (A)(1) of this section in any
treatment program in lieu of imprisonment until after the
offender has served the three consecutive days of imprisonment
required to be imposed pursuant to division (A)(1) of this
section.
(7) No court shall sentence an offender to an alcohol
treatment program pursuant to division (A)(1), (2), (3), or (4)
of this section unless the treatment program complies with the
minimum standards adopted pursuant to Chapter 3793. of the
Revised Code by the director of alcohol and drug addiction
services.
(8) No court shall impose the alternative sentence of a
term of imprisonment of five consecutive days plus not less than
eighteen consecutive days of electronically monitored house
arrest permitted to be imposed by division (A)(2) of this
section, or the alternative sentence of a term of imprisonment of
fifteen consecutive days plus not less than fifty-five
consecutive days of electronically monitored house arrest
permitted to be imposed pursuant to division (A)(3) of this
section, unless within sixty days of the date of sentencing, the
court issues a written finding, entered into the record, that due
to the unavailability of space at the incarceration facility
where the offender is required to serve the term of imprisonment
imposed upon the offender, the offender will not be able to
commence
serving the term of imprisonment within the sixty-day period
following the date of sentencing. If the court issues such a
finding, the court may impose the alternative sentence comprised
of a term of imprisonment and a term of electronically monitored
house arrest permitted to be imposed by division (A)(2) or (3) of
this section.
(B) Whoever violates section 4511.192, 4511.251, or
4511.85 of the Revised Code is guilty of a misdemeanor of the
first degree. The court, in addition to or independent of all
other penalties provided by law, may suspend for a period not to
exceed one year the driver's or commercial driver's license or
permit or nonresident operating privilege of any person who
pleads guilty to or is convicted of a violation of section
4511.192 of the Revised Code.
(C) Whoever violates section 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is
guilty of one of the following:
(1) Except as otherwise provided in division (C)(2) of
this section, a minor misdemeanor.
(2) If the offender previously has been convicted of
or pleaded guilty to one or more violations of
section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to
any of those sections, a
misdemeanor
of the fourth degree.
(D)(1) Whoever violates any provision of sections 4511.01
to 4511.76 or section 4511.84 of the Revised Code, for which no
penalty otherwise is provided in this section is guilty of one of
the following:
(a) Except as otherwise provided in division
(D)(1)(b), (1)(c), (2), or (3) of this section,
a minor misdemeanor;
(b) If, within one year of the offense, the offender
previously has been convicted of
or pleaded guilty to one violation of any provision of
sections
4511.01 to 4511.76 or section 4511.84 of the Revised Code for
which no penalty otherwise is provided in this section or
a
municipal ordinance that is substantially similar to any
provision of sections 4511.01 to 4511.76 or section 4511.84 of
the Revised Code for which no penalty otherwise is provided in
this section, a
misdemeanor of the fourth
degree;
(c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of any provision described in division (D)(1)(b)
of
this section or any municipal ordinance that is substantially
similar to any of those provisions, a misdemeanor of the third
degree.
(2) When any person is found guilty of a first offense for
a violation of section 4511.21 of the Revised Code upon a finding
that the person operated a motor vehicle faster than
thirty-five miles an
hour in a business district of a municipal corporation, or faster
than fifty miles an hour in other portions, or faster than
thirty-five miles an hour while passing through a school zone
during recess or while children are going to or leaving school
during the opening or closing hours, the person is guilty of a
misdemeanor of the fourth degree.
(3) Notwithstanding section 2929.21 of the Revised Code,
upon a finding that such person operated a motor vehicle in a
construction zone where a sign was then posted in accordance with
section 4511.98 of the Revised Code, the court, in addition to
all other penalties provided by law, shall impose a fine of two
times the usual amount imposed for the violation. No court shall
impose a fine of two times the usual amount imposed for the
violation upon an offender who alleges, in an affidavit filed
with the court prior to the offender's sentencing, that the offender is
indigent and is unable to pay the fine imposed pursuant to this division,
provided the court determines the offender is an indigent person
and is unable to pay the fine.
(E) Whenever a person is found guilty in a court of record
of a violation of section 4511.761, 4511.762, or 4511.77 of the
Revised Code, the trial judge, in addition to or independent of
all other penalties provided by law, may suspend for any period
of time not exceeding three years, or revoke the license of any
person, partnership, association, or corporation, issued under
section 4511.763 of the Revised Code.
(F) Whoever violates division (E) or (F) of section
4511.51, division (A), (D), or (E) of section 4511.521, section
4511.681, division (A), (C), or (F) of section 4511.69, section
4511.772, or division (A) or (B) of section 4511.82 of the
Revised Code is guilty of a minor misdemeanor.
(G) Whoever violates division (A) of section 4511.75 of
the Revised Code may be fined an amount not to exceed five
hundred dollars. A person who is issued a citation for a
violation of division (A) of section 4511.75 of the Revised Code
is not permitted to enter a written plea of guilty and waive the person's
right to contest the citation in a trial, but instead must appear
in person in the proper court to answer the charge.
(H)(1) Whoever is a resident of this state and violates
division (A) or (B) of section 4511.81 of the Revised Code shall
be punished as follows:
(a) Except as otherwise provided in division (H)(1)(b) of this section, the
offender is guilty of a
minor misdemeanor.
(b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (A) or (B) of section 4511.81 of the
Revised Code or of a municipal
ordinance that is substantially similar to either of those
divisions, the offender is guilty of a misdemeanor of the fourth
degree.
(2) Whoever is not a resident of this state, violates
division (A) or (B) of section 4511.81 of the Revised Code, and
fails to prove by a preponderance of the evidence that the
offender's use or nonuse of a child restraint system was in accordance
with the law
of the state of which the offender is a resident is guilty of
a minor
misdemeanor on a first offense; on a second or subsequent
offense, that person is guilty of a misdemeanor of the fourth
degree.
(3) Sixty-five per cent of every fine ALL FINES imposed
pursuant to
division (H)(1) or (2) of this section shall be forwarded to the
treasurer of state for deposit in the "child highway safety fund"
created by division (G) of section 4511.81 of the Revised Code.
The balance of the fine shall be disbursed as otherwise provided
by law.
(I) Whoever violates section 4511.202 of the Revised Code
is guilty of operating a motor vehicle without being in control
of it, a minor misdemeanor.
(J) Whoever violates division (B) of section 4511.74,
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of
section 4511.83 of the Revised Code is guilty of a misdemeanor of
the first degree.
(K) Except as otherwise provided in this division, whoever
violates division (E) of section 4511.11, division (A) or (C) of
section 4511.17, or section 4511.18 of the Revised Code is guilty
of a misdemeanor of the third degree. If a violation of division
(A) or (C) of section 4511.17 of the Revised Code creates a risk
of physical harm to any person, the offender is guilty of a
misdemeanor of the first degree. A violation of division (A) or
(C) of section 4511.17 of the Revised Code that causes serious
physical harm to property that is owned, leased, or controlled by
a state or local authority is a felony of the fifth
degree.
(L) Whoever violates division (H) of section 4511.69 of
the Revised Code shall be punished as follows:
(1) Except as otherwise provided in
division (L)(2) of this section, the offender shall be
issued a warning.
(2) If the offender previously has been convicted of or
pleaded guilty to a violation of division (H) of section 4511.69
of the Revised Code or of a municipal ordinance that is
substantially similar to that division, the offender shall not be issued a
warning but shall be fined twenty-five dollars for each parking location
that is not
properly marked or whose markings are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section
4511.45 of the Revised Code is guilty of a misdemeanor of the
fourth degree on a first offense; on a second offense within one
year after the first offense, the person is guilty of a
misdemeanor of the third degree; and on each subsequent offense
within one year after the first offense, the person is guilty of
a misdemeanor of the second degree.
(N)(1) Whoever violates division (B) of section 4511.19
of the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows:
(a) Except as otherwise provided in division
(N)(1)(b) of this section, the offender is guilty of
a
misdemeanor of the fourth degree.
(b) If, within one year of the offense, the offender has
been convicted of or pleaded guilty to any violation of division
(A) or (B) of section 4511.19 of the Revised Code, a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, a municipal ordinance relating to operating a vehicle with
a prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the
offender was subject to the sanctions described in division (D)
of that section, section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of
the United States or of any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the offender is guilty of a misdemeanor of the third degree.
(2) In addition to or independent of all other penalties
provided by law, the offender's driver's or commercial driver's
license or permit or nonresident operating privilege shall be
suspended in accordance with, and for the period of time
specified in, division (E) of section 4507.16 of the Revised
Code.
(O) Whoever violates section 4511.62 of the Revised
Code is guilty of a misdemeanor of the fourth degree.
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 SEVERE DAMAGE TO OR
DESTRUCTION OF TISSUE THAT SATISFIES BOTH OF THE FOLLOWING CONDITIONS:
(1) IT CREATES A SIGNIFICANT RISK OF ANY OF THE FOLLOWING:
(a) LOSS OF LIFE;
(b) LOSS OF A LIMB;
(c) SIGNIFICANT, PERMANENT DISFIGUREMENT;
(d) SIGNIFICANT, PERMANENT DISABILITY.
(2) IT IS CAUSED BY ANY OF THE FOLLOWING:
(a) BLUNT OR PENETRATING INJURY;
(b) EXPOSURE TO ELECTROMAGNETIC, CHEMICAL, OR
RADIOACTIVE ENERGY;
(c) DROWNING, SUFFOCATION, OR STRANGULATION;
(d) 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 ANY HOSPITAL THAT IS
VERIFIED BY THE AMERICAN COLLEGE OF
SURGEONS AS AN ADULT OR PEDIATRIC TRAUMA CENTER, ANY HOSPITAL IN THIS STATE
THAT IS DESIGNATED BY THE DIRECTOR OF HEALTH AS A
PEDIATRIC TRAUMA CENTER UNDER SECTION 3727.081 of the Revised Code, AND ANY HOSPITAL IN
ANOTHER STATE THAT IS LICENSED OR DESIGNATED UNDER THE LAWS OF THAT STATE
AS CAPABLE OF PROVIDING SPECIALIZED TRAUMA CARE APPROPRIATE TO THE MEDICAL
NEEDS OF THE TRAUMA PATIENT.
(R) "PEDIATRIC" MEANS INVOLVING A PATIENT WHO IS LESS THAN
SIXTEEN YEARS OF AGE.
(S) "ADULT" MEANS INVOLVING A PATIENT WHO IS NOT A PEDIATRIC
PATIENT.
(T) "GERIATRIC" MEANS INVOLVING A PATIENT WHO IS AT LEAST SEVENTY
YEARS OLD OR EXHIBITS SIGNIFICANT ANATOMICAL OR PHYSIOLOGICAL
CHARACTERISTICS ASSOCIATED WITH ADVANCED AGING.
(U) "AIR MEDICAL ORGANIZATION" MEANS AN ORGANIZATION THAT
PROVIDES EMERGENCY MEDICAL SERVICES, OR TRANSPORTS EMERGENCY VICTIMS, BY MEANS
OF FIXED OR ROTARY WING AIRCRAFT.
(V) "EMERGENCY CARE" AND "EMERGENCY FACILITY" HAVE THE SAME
MEANINGS AS IN SECTION 3727.01 of the Revised Code.
Sec. 4765.02. There is hereby created the state board of
emergency medical services within the division of
emergency medical services of the department of public safety. The board
shall consist of eighteen THE members SPECIFIED IN THIS
SECTION who are residents of this
state. The governor, with the advice and consent of the senate,
shall appoint seventeen ALL members of the board, EXCEPT
THE EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY
DESIGNATED BY THE DIRECTOR OF PUBLIC SAFETY UNDER THIS SECTION TO BE A MEMBER
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, AND
VARIOUS SCHOOLS OF TRAINING.
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
IN THE 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 AND THREE PERSONS NOMINATED BY THE
OHIO OSTEOPATHIC ASSOCIATION. One member shall be a
physician certified by the American academy of pediatricians
PEDIATRICS OR AMERICAN OSTEOPATHIC BOARD OF PEDIATRICS 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 THAT OPERATES an active emergency room
FACILITY.
The governor shall
appoint this member from among three persons nominated by the
Ohio hospital association AND THREE PERSONS NOMINATED BY THE OHIO
ASSOCIATION OF CHILDREN'S HOSPITALS. ONE MEMBER SHALL BE THE ADMINISTRATOR OF
A HOSPITAL THAT IS NOT A TRAUMA CENTER. THE GOVERNOR SHALL APPOINT THIS
MEMBER FROM AMONG THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION OF
HOSPITALS AND HEALTH SYSTEMS OR OTHER STATEWIDE ORGANIZATIONS REPRESENTING
COMMUNITY HOSPITALS. 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, AMERICAN OSTEOPATHIC
BOARD OF EMERGENCY MEDICINE, 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, EXCEPT THE
EMPLOYEE OF
THE DEPARTMENT OF PUBLIC SAFETY DESIGNATED BY THE DIRECTOR OF PUBLIC SAFETY
UNDER THIS SECTION TO BE A MEMBER OF THE BOARD.
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.
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.
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. WITHIN NINETY DAYS AFTER THE
EFFECTIVE DATE OF THIS AMENDMENT, THE GOVERNOR SHALL APPOINT THE MEMBER OF THE
BOARD WHO IS THE CHIEF MEDICAL OFFICER OF AN AIR MEDICAL AGENCY FOR AN INITIAL
TERM ENDING NOVEMBER 12, 2000.
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
of the division 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 ADULT AND PEDIATRIC 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 AND THREE PERSONS NOMINATED BY THE
OHIO OSTEOPATHIC ASSOCIATION;
(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 AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC
ASSOCIATION;
(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 AND THREE
PERSONS NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION;
(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 OR AMERICAN OSTEOPATHIC BOARD OF
REHABILITATION MEDICINE AND ACTIVELY PROVIDES REHABILITATIVE
CARE TO TRAUMA VICTIMS, APPOINTED FROM AMONG THREE PERSONS
NOMINATED BY THE OHIO SOCIETY
OF PHYSICAL MEDICINE AND REHABILITATION AND THREE PERSONS NOMINATED BY THE
OHIO OSTEOPATHIC ASSOCIATION;
(7) A PHYSICIAN WHO IS CERTIFIED BY
THE
AMERICAN BOARD OF SURGERY OR
AMERICAN OSTEOPATHIC BOARD OF
SURGERY WITH SPECIAL QUALIFICATIONS IN PEDIATRIC SURGERY AND ACTIVELY
PRACTICES PEDIATRIC TRAUMA SURGERY,
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE
OHIO CHAPTER OF THE
AMERICAN ACADEMY OF
PEDIATRICS AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC
ASSOCIATION;
(8) A PHYSICIAN WHO IS CERTIFIED BY THE
AMERICAN COLLEGE OF EMERGENCY
PHYSICIANS OR AMERICAN OSTEOPATHIC BOARD OF EMERGENCY MEDICINE,
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,
AMERICAN COLLEGE OF
EMERGENCY PHYSICIANS,
AMERICAN OSTEOPATHIC BOARD OF PEDIATRICS, OR AMERICAN
BOARD OF EMERGENCY MEDICINE, IS SUB-BOARDED IN PEDIATRIC EMERGENCY
MEDICINE,
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 AND THREE PERSONS NOMINATED BY THE OHIO OSTEOPATHIC
ASSOCIATION;
(10) A PHYSICIAN WHO IS CERTIFIED BY THE
AMERICAN BOARD OF SURGERY,
AMERICAN OSTEOPATHIC BOARD OF
SURGERY, 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 AN ADULT OR PEDIATRIC 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 AN ADULT OR PEDIATRIC TRAUMA CENTER,
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE ALLIANCE OF
OHIO TRAUMA REGISTRARS;
(15) THE ADMINISTRATOR OF AN ADULT OR PEDIATRIC TRAUMA CENTER
APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO ASSOCIATION
OF HOSPITALS AND HEALTH SYSTEMS;
(16) THE ADMINISTRATOR OF A HOSPITAL THAT IS NOT A TRAUMA CENTER
AND ACTIVELY PROVIDES EMERGENCY CARE TO ADULT OR PEDIATRIC TRAUMA
PATIENTS, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE OHIO
ASSOCIATION OF HOSPITALS AND HEALTH SYSTEMS;
(17) 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;
(18) 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;
(19) 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;
(20) 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.
(21) A PHYSICIAN OR NURSE WHO HAS SUBSTANTIAL ADMINISTRATIVE
RESPONSIBILITY FOR TRAUMA CARE OR EMERGENCY CARE PROVIDED IN OR BY
A HOSPITAL, APPOINTED FROM AMONG THREE PERSONS NOMINATED BY THE
OHIO ASSOCIATION OF HOSPITALS AND HEALTH CARE SYSTEMS, THREE
PERSONS NOMINATED BY THE OHIO OSTEOPATHIC ASSOCIATION, AND THREE
PERSONS NOMINATED BY THE OHIO ASSOCIATION OF CHILDREN'S HOSPITALS;
(22) THREE REPRESENTATIVES OF HOSPITALS THAT ARE NOT TRAUMA CENTERS AND
ACTIVELY PROVIDE EMERGENCY CARE TO TRAUMA PATIENTS, APPOINTED FROM AMONG SIX
PERSONS NOMINATED BY THE OHIO ASSOCIATION OF HOSPITALS AND HEALTH
SYSTEMS OR OTHER STATEWIDE ORGANIZATIONS REPRESENTING COMMUNITY HOSPITALS.
THE
REPRESENTATIVES MAY BE HOSPITAL ADMINISTRATORS, PHYSICIANS, NURSES, OR OTHER
CLINICAL PROFESSIONALS.
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 ATTEMPT TO INCLUDE MEMBERS REPRESENTING URBAN AND RURAL AREAS,
VARIOUS GEOGRAPHICAL AREAS OF THE STATE, AND VARIOUS SCHOOLS OF TRAINING. 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 SERVICE 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 NINETY 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 IN MATTERS
RELATED TO ADULT AND PEDIATRIC 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 ADULT AND PEDIATRIC 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 DIVISION
(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 DIVISION (A) OR (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 ADULT AND PEDIATRIC 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 STATE trauma system
registry to be
used for the collection of information regarding the care of
ADULT AND PEDIATRIC trauma victims in this state. The registry shall
provide for the
reporting of ADULT AND PEDIATRIC trauma-related deaths, identification
of ADULT AND PEDIATRIC trauma
patients, monitoring of ADULT AND PEDIATRIC trauma patient care data,
determination of the total amount of uncompensated ADULT AND PEDIATRIC
trauma care provided annually by each facility that provides care to trauma
victims, and collection of any other 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
STATE TRAUMA registry. At the request of the board any state agency
possessing information regarding ADULT OR PEDIATRIC trauma
patient care shall
provide the information to the board. The board shall maintain
the STATE TRAUMA 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.
RULES RELATING TO THE STATE TRAUMA REGISTRY ADOPTED UNDER THIS SECTION AND
SECTION 4765.11 of the Revised Code SHALL NOT PROHIBIT THE OPERATION OF OTHER TRAUMA
REGISTRIES AND MAY PROVIDE FOR THE REPORTING OF INFORMATION TO THE STATE
TRAUMA
REGISTRY BY OR THROUGH OTHER TRAUMA REGISTRIES IN A MANNER CONSISTENT WITH
INFORMATION OTHERWISE REPORTED TO THE STATE TRAUMA REGISTRY. OTHER TRAUMA
REGISTRIES MAY REPORT AGGREGATE INFORMATION TO THE STATE TRAUMA REGISTRY,
PROVIDED THE INFORMATION CAN BE MATCHED TO THE PERSON THAT REPORTED IT.
INFORMATION MAINTAINED BY ANOTHER TRAUMA REGISTRY AND REPORTED TO THE STATE
TRAUMA REGISTRY IN LIEU OF BEING REPORTED DIRECTLY TO THE STATE TRAUMA
REGISTRY
IS A PUBLIC RECORD AND SHALL BE MAINTAINED, MADE AVAILABLE TO THE PUBLIC, HELD
IN CONFIDENCE, RISK ADJUSTED, AND NOT SUBJECT TO DISCOVERY OR INTRODUCTION
INTO
EVIDENCE IN A CIVIL ACTION AS PROVIDED IN SECTION 149.43 of the Revised Code AND THIS
SECTION. ANY PERSON WHO PROVIDES, MAINTAINS, OR RISK ADJUSTS SUCH INFORMATION
SHALL
COMPLY WITH THIS SECTION AND RULES ADOPTED UNDER IT IN PERFORMING THAT
FUNCTION
AND HAS THE SAME IMMUNITIES WITH RESPECT TO THAT FUNCTION AS A PERSON WHO
PERFORMS THAT FUNCTION WITH RESPECT TO THE STATE TRAUMA REGISTRY.
(C) 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 4765. OF THE
REVISED
CODE THAT IDENTIFIES OR WOULD
TEND TO IDENTIFY A SPECIFIC RECIPIENT OF EMERGENCY MEDICAL
SERVICES OR ADULT OR PEDIATRIC TRAUMA CARE.
(D) NOT LATER THAN TWO
YEARS 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
4765. OF THE REVISED
CODE. THE RULES SHALL BE
DEVELOPED IN CONSULTATION WITH
APPROPRIATE MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL SERVICE
ORGANIZATIONS AND MAY PROVIDE FOR RISK
ADJUSTMENT BY A CONTRACTOR OF THE BOARD. BEFORE RISK ADJUSTMENT
STANDARDS AND PROCEDURES ARE IMPLEMENTED, NO MEMBER OF 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 4765. OF THE REVISED
CODE THAT IDENTIFIES OR WOULD
TEND TO IDENTIFY A SPECIFIC PROVIDER OF EMERGENCY MEDICAL
SERVICES OR ADULT OR PEDIATRIC TRAUMA CARE. AFTER RISK ADJUSTMENT STANDARDS
AND
PROCEDURES ARE IMPLEMENTED, THE BOARD SHALL MAKE PUBLIC SUCH
INFORMATION ONLY ON A RISK ADJUSTED BASIS.
(E) 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
ADULT OR PEDIATRIC TRAUMA CARE.
(F) 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 SERVICE
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 ADULT OR PEDIATRIC TRAUMA VICTIMS AND SOCIAL SERVICE SUPPORT
MECHANISMS FOR
ADULT OR PEDIATRIC TRAUMA VICTIMS AND THEIR FAMILIES.
(4) FOURTH PRIORITY SHALL BE GIVEN TO ENTITIES THAT
RESEARCH, TEST, AND EVALUATE MEDICAL PROCEDURES RELATED TO
ADULT AND PEDIATRIC 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.
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 SERVICE personnel when possible. The
office OTHER STATE
OFFICES THAT ARE INVOLVED IN THE TRAINING OF FIREFIGHTERS OR EMERGENCY MEDICAL
SERVICE 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 ADULT AND PEDIATRIC
emergency
medical services training programs and ADULT AND PEDIATRIC 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 ADULT AND PEDIATRIC PATIENTS 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
SERVICE 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 ANY
COMMITTEES OF THE BOARD OR under
section 4765.04 4765.57 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 AND EMPHASIZE THE SPECIAL NEEDS OF PEDIATRIC AND
GERIATRIC
PATIENTS.
(D) 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 TWO YEARS 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
SERVICE PERSONNEL AND FOR THE CONDUCT OF PEER REVIEW AND
QUALITY ASSURANCE PROGRAMS BY EMERGENCY MEDICAL SERVICE
ORGANIZATIONS. THE GUIDELINES SHALL BE CONSISTENT WITH THE STATE
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 SERVICE ORGANIZATION,
REGIONAL DIRECTOR, REGIONAL PHYSICIAN ADVISORY BOARD, CERTIFIED EMERGENCY
MEDICAL SERVICE INSTRUCTOR, AND PERSON WHO REGULARLY PROVIDES MEDICAL
DIRECTION TO EMERGENCY MEDICAL SERVICE PERSONNEL IN THIS STATE.
(B) NOT LATER THAN
THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH
EMERGENCY MEDICAL SERVICE 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
SERVICE ORGANIZATION. IN IMPLEMENTING THE PROGRAMS, EACH
EMERGENCY MEDICAL SERVICE 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 STATE BOARD OF EMERGENCY
MEDICAL SERVICES UNDER
THIS SECTION.
INFORMATION GENERATED SOLELY FOR USE IN A PEER REVIEW OR QUALITY
ASSURANCE PROGRAM CONDUCTED ON BEHALF OF AN EMERGENCY MEDICAL SERVICE
ORGANIZATION IS NOT A PUBLIC RECORD UNDER SECTION 149.43 OF THE
REVISED
CODE. SUCH INFORMATION, AND ANY DISCUSSION CONDUCTED IN THE
COURSE OF A PEER REVIEW OR QUALITY ASSURANCE PROGRAM CONDUCTED ON BEHALF OF AN
EMERGENCY MEDICAL
SERVICE ORGANIZATION, IS NOT SUBJECT TO DISCOVERY IN A CIVIL
ACTION AND SHALL NOT BE INTRODUCED INTO EVIDENCE IN A CIVIL ACTION
AGAINST THE EMERGENCY MEDICAL SERVICE ORGANIZATION ON WHOSE BEHALF
THE INFORMATION WAS GENERATED OR THE DISCUSSION OCCURRED.
NO EMERGENCY MEDICAL SERVICE ORGANIZATION ON WHOSE BEHALF A PEER
REVIEW OR QUALITY ASSURANCE PROGRAM IS CONDUCTED, AND NO PERSON WHO
CONDUCTS SUCH A PROGRAM, BECAUSE OF PERFORMING SUCH FUNCTIONS, SHALL BE
LIABLE IN A CIVIL ACTION FOR BETRAYAL OF PROFESSIONAL CONFIDENCE
OR OTHERWISE IN THE ABSENCE OF WILLFUL OR WANTON MISCONDUCT.
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 ADULT AND PEDIATRIC 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.
(3) THE STATE BOARD SHALL ISSUE A CERTIFICATE TO PRACTICE AS A
FIRST RESPONDER TO AN APPLICANT WHO MEETS ALL OF THE FOLLOWING
CONDITIONS:
(a)IS A LAW ENFORCEMENT OFFICER EMPLOYED BY A STATE
DEPARTMENT,
AS DEFINED IN SECTION 121.01 OF THE REVISED CODE;
(b)SUBMITS TO THE BOARD EVIDENCE THAT THE APPLICANT MEETS
ANY OF
THE FOLLOWING REQUIREMENTS:
(i)HOLDS THE APPROPRIATE CERTIFICATE OF COMPLETION ISSUED
IN
ACCORDANCE WITH SECTION 4765.24 OF THE REVISED CODE;
(ii) PRIOR TO APRIL 4, 1998, COMPLETED A
FORTY-HOUR FIRST
RESPONDER COURSE APPROVED BY THE STATE AGENCY THAT EMPLOYS THE
APPLICANT;
(iii) PRIOR TO APRIL 4, 1998, COMPLETED A FIRST
RESPONDER COURSE
THAT MET THE REQUIREMENTS OF THE UNITED STATES DEPARTMENT OF
TRANSPORTATION FIRST RESPONDER NATIONAL STANDARD CURRICULUM THEN IN
EFFECT;
(iv) PASSES THE APPROPRIATE EXAMINATION CONDUCTED UNDER
SECTION
4765.29 OF THE REVISED CODE.
(c) IS NOT IN VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE
RULES ADOPTED UNDER IT.
(4) ANY STATE DEPARTMENT THAT EMPLOYS FIRST RESPONDERS SHALL
PROVIDE OR ARRANGE FOR MEDICAL DIRECTION OF ITS FIRST RESPONDERS BY ONE
OR MORE PHYSICIANS WHO ACTIVELY PRACTICE EMERGENCY MEDICINE AND
OTHERWISE MEET ALL LEGAL REQUIREMENTS FOR PROVIDING MEDICAL
DIRECTION TO FIRST RESPONDERS.
(5) ANY FIRST RESPONDER EMPLOYED BY THE STATE SHALL DO BOTH OF
THE FOLLOWING:
(a) COOPERATE WITH LOCAL EMERGENCY MEDICAL SERVICE ORGANIZATIONS;
(b) COMPLY WITH ANY APPLICABLE PROTOCOLS FOR THE TRIAGE OF ADULT
OR PEDIATRIC TRAUMA VICTIMS ADOPTED OR APPROVED BY THIS STATE BOARD OF EMERGENCY MEDICAL SERVICES
UNDER SECTION 4765.40 OF THE REVISED CODE.
(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 ADULT AND PEDIATRIC 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 ADULT AND PEDIATRIC 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 ADULT AND PEDIATRIC 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 ADULT AND PEDIATRIC 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 ADULT AND
PEDIATRIC 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 ADULT AND PEDIATRIC 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 ADULT AND
PEDIATRIC 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)(1) NOT LATER THAN TWO YEARS 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 ADULT AND PEDIATRIC TRAUMA VICTIMS. THE RULES
SHALL DEFINE ADULT AND PEDIATRIC TRAUMA IN A MANNER THAT IS CONSISTENT WITH
SECTION 4765.01 OF THE
REVISED
CODE,
MINIMIZES OVERTRIAGE AND UNDERTRIAGE, AND EMPHASIZES THE SPECIAL NEEDS OF
PEDIATRIC AND GERIATRIC TRAUMA PATIENTS.
(2) THE STATE TRIAGE PROTOCOLS
ADOPTED UNDER DIVISION (A) OF THIS SECTION
SHALL REQUIRE A TRAUMA VICTIM TO BE TRANSPORTED DIRECTLY TO AN ADULT OR
PEDIATRIC TRAUMA CENTER
THAT IS QUALIFIED TO PROVIDE APPROPRIATE ADULT OR PEDIATRIC TRAUMA CARE,
UNLESS ONE OR MORE OF
THE FOLLOWING EXCEPTIONS APPLIES:
(a) IT IS MEDICALLY NECESSARY TO TRANSPORT THE VICTIM TO
ANOTHER HOSPITAL FOR INITIAL ASSESSMENT AND STABILIZATION
BEFORE TRANSFER TO AN ADULT OR PEDIATRIC TRAUMA CENTER;
(b) IT IS UNSAFE OR MEDICALLY INAPPROPRIATE TO TRANSPORT
THE VICTIM DIRECTLY TO AN ADULT OR PEDIATRIC TRAUMA CENTER DUE TO ADVERSE
WEATHER OR
GROUND CONDITIONS OR EXCESSIVE TRANSPORT TIME;
(c) TRANSPORTING THE VICTIM TO AN ADULT OR PEDIATRIC TRAUMA
CENTER WOULD
CAUSE A SHORTAGE OF LOCAL EMERGENCY MEDICAL SERVICE
RESOURCES;
(d) NO APPROPRIATE ADULT OR PEDIATRIC TRAUMA CENTER IS ABLE TO
RECEIVE AND
PROVIDE ADULT OR PEDIATRIC TRAUMA CARE TO THE TRAUMA VICTIM WITHOUT UNDUE
DELAY;
(e) BEFORE TRANSPORT OF A PATIENT BEGINS, THE PATIENT REQUESTS
TO
BE TAKEN TO A PARTICULAR HOSPITAL THAT IS NOT A TRAUMA CENTER OR, IF THE
PATIENT IS LESS THAN EIGHTEEN YEARS OF AGE OR IS NOT ABLE TO COMMUNICATE, SUCH
A REQUEST IS MADE BY AN ADULT MEMBER OF THE PATIENT'S FAMILY OR A LEGAL
REPRESENTATIVE OF THE PATIENT.
(3)(a) THE STATE TRIAGE
PROTOCOLS ADOPTED UNDER
DIVISION (A) OF THIS SECTION SHALL REQUIRE TRAUMA PATIENTS TO BE
TRANSPORTED TO AN ADULT OR PEDIATRIC TRAUMA CENTER THAT IS ABLE TO PROVIDE
APPROPRIATE ADULT OR
PEDIATRIC TRAUMA CARE, BUT
SHALL NOT REQUIRE A TRAUMA PATIENT TO BE TRANSPORTED TO A
PARTICULAR TRAUMA CENTER. THE STATE TRIAGE
PROTOCOLS SHALL ESTABLISH ONE OR MORE PROCEDURES FOR
EVALUATING WHETHER AN INJURY VICTIM REQUIRES OR WOULD BENEFIT FROM
ADULT OR PEDIATRIC TRAUMA CARE, WHICH PROCEDURES SHALL BE APPLIED
BY EMERGENCY MEDICAL SERVICE PERSONNEL BASED ON THE PATIENT'S
MEDICAL NEEDS.
IN DEVELOPING STATE TRAUMA TRIAGE PROTOCOLS,
THE BOARD SHALL
CONSIDER RELEVANT MODEL TRIAGE RULES AND SHALL CONSULT WITH
THE COMMISSION ON MINORITY HEALTH, REGIONAL DIRECTORS, REGIONAL PHYSICIAN
ADVISORY BOARDS, AND
APPROPRIATE MEDICAL, HOSPITAL, AND EMERGENCY MEDICAL SERVICE
ORGANIZATIONS.
(b)
BEFORE THE JOINT COMMITTEE ON
AGENCY RULE REVIEW CONSIDERS STATE TRIAGE PROTOCOLS FOR TRAUMA VICTIMS
PROPOSED BY THE STATE
BOARD OF EMERGENCY MEDICAL SERVICES, OR AMENDMENTS THERETO, THE BOARD SHALL
SEND A COPY OF THE
PROPOSAL TO THE OHIO ASSOCIATION OF HOSPITALS AND HEALTH CARE
SYSTEMS, THE OHIO OSTEOPATHIC ASSOCIATION, AND THE OHIO
ASSOCIATION OF CHILDREN'S HOSPITALS AND HOLD A PUBLIC HEARING AT WHICH IT MUST
CONSIDER THE APPROPRIATENESS OF THE PROTOCOLS TO MINIMIZE OVERTRIAGE AND
UNDERTRIAGE OF TRAUMA VICTIMS.
(c)
THE BOARD SHALL PROVIDE COPIES OF THE STATE TRIAGE
PROTOCOLS, AND AMENDMENTS TO THE PROTOCOLS, TO EACH EMERGENCY MEDICAL
SERVICE ORGANIZATION, REGIONAL DIRECTOR, REGIONAL PHYSICIAN ADVISORY
BOARD, CERTIFIED EMERGENCY MEDICAL SERVICE
INSTRUCTOR, AND PERSON WHO REGULARLY PROVIDES MEDICAL DIRECTION TO EMERGENCY
MEDICAL SERVICE PERSONNEL IN THE STATE; TO EACH MEDICAL SERVICE
ORGANIZATION IN OTHER JURISDICTIONS THAT REGULARLY PROVIDE
EMERGENCY MEDICAL SERVICES IN THIS STATE; AND TO OTHERS UPON
REQUEST.
(B)(1) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL
APPROVE REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND PEDIATRIC TRAUMA
VICTIMS, AND AMENDMENTS TO SUCH PROTOCOLS, THAT ARE SUBMITTED TO THE BOARD AS
PROVIDED IN DIVISION (B)(2) OF THIS SECTION AND PROVIDE A LEVEL OF
ADULT AND PEDIATRIC TRAUMA CARE COMPARABLE TO THE STATE TRIAGE PROTOCOLS
ADOPTED UNDER DIVISION (A) OF THIS SECTION. THE BOARD SHALL NOT
OTHERWISE APPROVE REGIONAL TRIAGE PROTOCOLS FOR TRAUMA VICTIMS. THE BOARD
SHALL NOT APPROVE REGIONAL TRIAGE PROTOCOLS FOR REGIONS THAT OVERLAP AND SHALL
RESOLVE ANY SUCH DISPUTES BY APPORTIONING THE OVERLAPPING TERRITORY AMONG
APPROPRIATE REGIONS IN A MANNER THAT BEST SERVES THE MEDICAL NEEDS OF THE
RESIDENTS OF THAT TERRITORY. THE TRAUMA COMMITTEE OF THE BOARD SHALL HAVE
REASONABLE OPPORTUNITY TO REVIEW AND COMMENT ON REGIONAL TRIAGE PROTOCOLS AND
AMENDMENTS TO SUCH PROTOCOLS BEFORE THE BOARD APPROVES OR DISAPPROVES THEM.
(2) REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND PEDIATRIC TRAUMA
VICTIMS, AND AMENDMENTS TO SUCH PROTOCOLS, SHALL BE SUBMITTED IN WRITING TO
THE STATE BOARD OF EMERGENCY MEDICAL SERVICES BY THE REGIONAL PHYSICIAN
ADVISORY BOARD OR REGIONAL DIRECTOR, AS APPROPRIATE, THAT SERVES A MAJORITY OF
THE POPULATION IN THE REGION IN WHICH THE PROTOCOLS APPLY. PRIOR TO
SUBMITTING
REGIONAL TRIAGE PROTOCOLS, OR AN AMENDMENT TO SUCH PROTOCOLS, TO THE STATE
BOARD OF EMERGENCY MEDICAL SERVICES, A REGIONAL PHYSICIAN ADVISORY BOARD OR
REGIONAL DIRECTOR SHALL CONSULT WITH EACH OF THE FOLLOWING THAT REGULARLY
SERVES THE REGION IN WHICH THE PROTOCOLS APPLY:
(a) OTHER REGIONAL PHYSICIAN ADVISORY BOARDS AND REGIONAL
DIRECTORS;
(b) HOSPITALS THAT OPERATE AN EMERGENCY FACILITY;
(c) ADULT AND PEDIATRIC TRAUMA CENTERS;
(d) PROFESSIONAL SOCIETIES OF PHYSICIANS WHO SPECIALIZE IN ADULT
OR PEDIATRIC EMERGENCY MEDICINE OR ADULT OR PEDIATRIC TRAUMA SURGERY;
(e) PROFESSIONAL SOCIETIES OF NURSES WHO SPECIALIZE IN ADULT OR
PEDIATRIC EMERGENCY NURSING OR ADULT OR PEDIATRIC TRAUMA SURGERY;
(f) PROFESSIONAL ASSOCIATIONS OR LABOR ORGANIZATIONS OF EMERGENCY
MEDICAL SERVICE PERSONNEL;
(g) EMERGENCY MEDICAL SERVICE ORGANIZATIONS AND MEDICAL DIRECTORS
OF SUCH ORGANIZATIONS;
(h) CERTIFIED EMERGENCY MEDICAL SERVICE INSTRUCTORS.
(3) REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND PEDIATRIC TRAUMA
VICTIMS APPROVED UNDER DIVISION (B)(2) OF THIS SECTION SHALL REQUIRE
PATIENTS TO BE TRANSPORTED TO A TRAUMA CENTER THAT IS ABLE TO PROVIDE AN
APPROPRIATE LEVEL OF ADULT OR PEDIATRIC TRAUMA CARE; SHALL NOT DISCRIMINATE
AMONG TRAUMA CENTERS FOR REASONS NOT RELATED TO A PATIENT'S MEDICAL NEEDS;
SHALL SEEK TO MINIMIZE UNDERTRIAGE AND OVERTRIAGE; MAY INCLUDE ANY OF THE
EXCEPTIONS IN DIVISION (A)(2) OF THIS SECTION; AND SUPERSEDE THE
STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) OF THIS SECTION IN
THE REGION IN WHICH THE REGIONAL PROTOCOLS APPLY.
(4) UPON APPROVAL OF REGIONAL PROTOCOLS FOR THE TRIAGE OF ADULT AND
PEDIATRIC TRAUMA VICTIMS UNDER DIVISION (B)(2) OF THIS SECTION, OR AN
AMENDMENT TO SUCH PROTOCOLS, THE STATE BOARD OF EMERGENCY MEDICAL SERVICES
SHALL PROVIDE WRITTEN NOTICE OF THE APPROVAL AND A COPY OF THE PROTOCOLS OR
AMENDMENT TO EACH ENTITY IN THE REGION IN WHICH THE PROTOCOLS APPLY TO WHICH
THE BOARD IS REQUIRED TO SEND A COPY OF THE STATE TRIAGE PROTOCOLS ADOPTED
UNDER DIVISION (A) OF THIS SECTION.
(C)(1) THE STATE BOARD OF EMERGENCY MEDICAL SERVICES SHALL REVIEW
THE STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) OF THIS SECTION
AT LEAST EVERY THREE YEARS TO DETERMINE IF THEY ARE CAUSING OVERTRIAGE OR
UNDERTRIAGE OF TRAUMA PATIENTS, AND SHALL MODIFY THEM AS NECESSARY TO MINIMIZE
OVERTRIAGE AND UNDERTRIAGE.
(2) EACH REGIONAL PHYSICIAN ADVISORY BOARD OR REGIONAL DIRECTOR THAT HAS
HAD REGIONAL TRIAGE PROTOCOLS APPROVED UNDER DIVISION (B)(2) OF THIS
SECTION SHALL REVIEW THE PROTOCOLS AT LEAST EVERY THREE YEARS TO DETERMINE IF
THEY ARE CAUSING OVERTRIAGE OR UNDERTRIAGE OF TRAUMA PATIENTS AND SHALL SUBMIT
AN APPROPRIATE AMENDMENT TO THE STATE BOARD, AS PROVIDED IN DIVISION
(B) OF THIS SECTION, AS NECESSARY TO MINIMIZE OVERTRIAGE AND
UNDERTRIAGE. THE STATE BOARD SHALL APPROVE THE AMENDMENT IF IT WILL REDUCE
OVERTRIAGE OR UNDERTRIAGE WHILE COMPLYING WITH DIVISION (B) OF THIS
SECTION, AND SHALL NOT OTHERWISE APPROVE THE AMENDMENT.
(D) NO PROVIDER OF EMERGENCY MEDICAL SERVICES OR PERSON WHO
PROVIDES MEDICAL DIRECTION TO EMERGENCY MEDICAL SERVICE PERSONNEL IN THIS
STATE SHALL FAIL TO COMPLY WITH THE STATE TRIAGE PROTOCOLS
ADOPTED UNDER DIVISION (A) OF THIS SECTION OR APPLICABLE REGIONAL
TRIAGE PROTOCOLS APPROVED UNDER DIVISION (B)(2) 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
STATE TRIAGE PROTOCOLS ADOPTED UNDER DIVISION (A) OF THIS SECTION AND
REGIONAL TRIAGE PROTOCOLS APPROVED UNDER DIVISION (B)(2) OF THIS
SECTION, AND FOR EDUCATION
REGARDING THOSE PROTOCOLS FOR
EMERGENCY MEDICAL SERVICE ORGANIZATIONS AND PERSONNEL, REGIONAL DIRECTORS AND
REGIONAL PHYSICIAN ADVISORY BOARDS, EMERGENCY MEDICAL SERVICE INSTRUCTORS,
AND PERSONS WHO REGULARLY PROVIDE MEDICAL
DIRECTION TO EMERGENCY MEDICAL SERVICE 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. THOSE
PROTOCOLS SHALL BE CONSISTENT WITH APPLICABLE TRAUMA TRIAGE PROTOCOLS
ADOPTED UNDER
DIVISION (A) OR APPROVED UNDER DIVISION (B)(2) OF SECTION
4765.40 of the Revised Code, BUT MAY DIRECT TO AN ADULT OR PEDIATRIC
TRAUMA CENTER EMERGENCY VICTIMS THAT THE APPLICABLE TRAUMA TRIAGE PROTOCOLS DO
NOT REQUIRE TO BE
TRANSPORTED TO AN ADULT OR PEDIATRIC 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.
(E) BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
AMENDMENT, NO PHYSICIAN SHALL PURPOSEFULLY DO ANY OF THE FOLLOWING:
(1) ADMIT AN ADULT TRAUMA PATIENT TO A HOSPITAL THAT IS NOT AN
ADULT TRAUMA CENTER FOR THE PURPOSE OF PROVIDING ADULT TRAUMA
CARE;
(2) ADMIT A PEDIATRIC TRAUMA PATIENT TO A HOSPITAL THAT IS NOT A
PEDIATRIC TRAUMA CENTER FOR THE PURPOSE OF PROVIDING PEDIATRIC
TRAUMA CARE;
(3) FAIL TO TRANSFER AN ADULT OR PEDIATRIC TRAUMA PATIENT TO AN
ADULT OR PEDIATRIC TRAUMA CENTER IN ACCORDANCE WITH APPLICABLE
FEDERAL LAW, STATE LAW, AND ADULT OR PEDIATRIC TRAUMA PROTOCOLS
AND PATIENT TRANSFER AGREEMENTS ADOPTED UNDER SECTION 3727.09 OF
THE REVISED CODE.
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. 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 of them, 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, including its enforcement agents described in section
5502.14 of the Revised Code, 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. 5503.04. All FORTY-FIVE PER CENT OF THE fines collected
from or moneys arising
from bail forfeited by persons apprehended or arrested by state
highway patrol troopers shall be paid forty-five per cent into
the state treasury TO BE CREDITED TO THE GENERAL REVENUE FUND, FIVE PER
CENT SHALL BE PAID INTO THE STATE TREASURY TO BE CREDITED TO THE TRAUMA AND
EMERGENCY MEDICAL SERVICES GRANTS FUND CREATED BY DIVISION (E) OF
SECTION 4513.263 of the Revised Code, and fifty-five FIFTY per cent
SHALL BE PAID into the treasury of
the municipal corporation where the case is prosecuted, if in a
mayor's court. If the prosecution is in a trial court outside a
municipal corporation, or outside the territorial jurisdiction of
a municipal court, THE FIFTY PER CENT OF the fines and moneys THAT
IS NOT PAID INTO THE STATE TREASURY shall be paid fifty-five
per cent into the county treasury OF THE COUNTY WHERE THE CASE
IS PROSECUTED. The fines and moneys paid
into the state treasury shall be credited to the general revenue
fund. The fines and moneys paid into a county treasury and the
fines and moneys paid into the treasury of a municipal
corporation shall be deposited one-half to the same fund and
expended in the same manner as is the revenue received from the
registration of motor vehicles, and one-half to the general fund
of such county or municipal corporation.
If the prosecution is in a municipal court, forty-five per
cent of the fines and moneys shall be paid into the state
treasury to be credited to the general revenue fund, FIVE PER CENT SHALL BE
PAID INTO THE STATE TREASURY TO BE CREDITED TO THE TRAUMA AND EMERGENCY
MEDICAL SERVICES GRANTS FUND CREATED BY DIVISION (E) OF SECTION
4513.263 of the Revised Code, ten per cent
shall be paid into the county treasury to be credited to the
general fund of the county, and forty-five FORTY per cent shall
be paid
into the municipal treasury to be credited to the general fund of
the municipal corporation. In the Auglaize county, Clermont
county, Crawford county, Hocking county, Jackson county, Lawrence
county, Madison county, Miami county, Ottawa county, Portage
county, and Wayne county municipal courts, that portion of money
otherwise paid into the municipal treasury shall be paid into the
county treasury.
The trial court shall make remittance of the fines and
moneys as prescribed in this section, and at the same time as the
remittance is made of the state's portion to the state treasury,
the trial court shall notify the superintendent of the state
highway patrol of the case and the amount covered by the
remittance.
This section does not apply to fines 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 delivered to
the treasurer of state as provided in division (E) of section
4513.263 of the Revised Code.
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, and
all-purpose vehicles as defined in section 4519.01 of the Revised
Code;
(9) Sales of services or tangible personal property, other
than motor vehicles, mobile homes, 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 of used manufactured homes and used mobile homes, as
defined in section 5739.0210 of the Revised Code, made on or after
January 1, 2000.
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.
Section 2. That existing sections 9.60, 125.04, 125.13,
3729.17, 3737.66, 4511.191, 4511.81, 4511.99, 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, 5503.04, and 5739.02 of the Revised Code are hereby repealed.
Section 3. The General Assembly finds that traumatic
injuries impose significant personal and economic costs on this
state and on individuals, businesses, political subdivisions,
and other organizations in this state. In enacting section
2949.093 of the Revised Code, it is the intent of the General
Assembly to deter behavior that increases the risk of traumatic
injury and to impose on those individuals whose behavior
increases the risk of traumatic injury the costs of preventing
and treating traumatic injuries, in a manner consistent with
State, ex rel. Brown, v. Galbraith (1977), 52 Ohio
St. 2d 158.
Section 4. 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 adult and
pediatric
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;
(F) The roles hospitals that are not a trauma center play in the state trauma
system and regional trauma systems in this state, and methods to enhance those
roles;
(G) The causes and impact of trauma on minority populations in
this state and methods to improve emergency medical services and trauma care
for those populations. This study shall be conducted in cooperation with the
commission on minority health.
In conducting its studies and developing its findings and recommendations, the
board shall consult the appropriate committees and subcommittees of the board;
regional directors; 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.
Not later than three years after the effective date of this act, the board
shall report its findings and recommendations to the Governor, the General
Assembly, and other appropriate authorities and organizations.
Section 5. The General Assembly finds that pediatric and geriatric trauma
patients have special medical needs that require particular emphasis to
improve outcomes for these patients. It is the intent of the General Assembly
to provide for these special needs in a state trauma system and trauma triage
protocols approved by the State Board of Emergency Medical Services.
The General Assembly recognizes that hospitals that operate emergency
facilities, but are not trauma centers, play an important role in the prompt
and appropriate diagnosis, stabilization, and treatment of adult and pediatric
trauma patients. It is the intent of the General Assembly to enhance the
quality of emergency care such hospitals provide to trauma patients and to
integrate such hospitals into the state and regional trauma systems provided
for by this act.
It is also the intent of
the General Assembly that community-based emergency medical and
trauma services be preserved and that nothing in this act be
construed as encouraging the overtriage of patients or the
unnecessary transfer of patients.
Section 6. The Director of Health shall organize and
coordinate a temporary commission to determine how to better
prevent traumatic injuries in this state. The commission's
study shall include, without limitation, consideration of how to
improve public safety education and how to prevent pediatric and
geriatric injuries.
The Department of Public Safety, Department of Natural
Resources, Department of Agriculture, Department of Education,
Commission on Minority Health, and Bureau of Workers' Compensation shall
participate in and assist with the commission's study.
Within ninety 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 ninety 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 two years 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.
Section 7. The Director of Health shall organize and
coordinate a temporary commission to determine how to improve
the accessibility, affordability, quality, and
cost-effectiveness of post-critical adult and pediatric trauma care. The
commission's study shall include, without limitation,
consideration of appropriate transfer of adult and pediatric trauma victims
from
regional trauma centers to other health care facilities;
physical, psychological, and vocational rehabilitation of adult and pediatric
trauma
victims; re-employment of trauma victims; social support
mechanisms for families of adult and pediatric trauma victims; and mitigation
of the
effects of pediatric and geriatric trauma.
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 ninety 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 ninety 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 two years 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.
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