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H. B. No. 85As Introduced
As Introduced
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Raussen, Raga, Wagner, McGregor, Kearns, Husted, Ujvagi, Allen, Schneider
A BILL
To amend sections 307.051, 307.055, 505.37, 505.375,
505.72,
4503.49, 4513.263, 4766.01, 4766.02,
4766.03, 4766.04, 4766.05,
4766.06, 4766.07,
4766.08, 4766.09, 4766.10, 4766.11, 4766.12, 4766.13, and 5503.12
and
to enact sections 4766.15, 4766.17, and
4766.20 of the Revised Code
to
authorize
the Ohio
Ambulance Licensing Board to
license commercial
medical
service organizations
that operate
ambulette vehicles for the
transportation of
persons who require the use of a
wheelchair and air
medical service organizations that operate air
medical transportation, to add four members to the
Board,
to
rename the Board the Ohio Medical
Transportation
Board, and to amend the version of
section 4513.263 of the Revised Code that is
scheduled to take effect January 1, 2004, to
continue the provisions of this act on and after
that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 307.051, 307.055, 505.37, 505.375,
505.72, 4503.49, 4513.263, 4766.01, 4766.02, 4766.03, 4766.04,
4766.05, 4766.06, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,
4766.12, 4766.13, and 5503.12 be amended and sections 4766.15, 4766.17, and
4766.20 of the Revised Code be
enacted to read as follows:
Sec. 307.051. As used in this section,
"emergency medical
service
organization" has the same meaning as in section 4766.01
of the Revised Code. A board of county commissioners, by adoption of an
appropriate resolution, may
choose to have the Ohio
ambulance
licensing
medical transportation board license
any emergency
medical service
organization it operates. If a board adopts such
a
resolution,
Chapter 4766. of the Revised Code, except for
sections
4766.06 and
4766.99
of the Revised
Code,
applies to the
county
emergency
medical service organization. All rules adopted
under the
applicable sections of that chapter also apply to the
organization.
A board, by adoption of an
appropriate resolution,
may remove its emergency medical service organization
from the
jurisdiction of the Ohio
ambulance
licensing
medical
transportation board.
Sec. 307.055. (A) Subject to the terms and conditions of
the joint resolution creating it, each joint emergency medical
services district may furnish ambulance services and emergency
medical services by one of the following methods: (1) By operating an emergency medical service organization
as defined in section 4765.01 of the Revised Code; (2) By contracting for the operation of one or more
facilities pursuant to division (C) or (D) of this section; (3) By providing necessary services and equipment to the
district either directly or under a contract entered into
pursuant
to division (B) of this section; (4) By providing service through any combination of
methods
described in divisions (A)(1) to (3) of this section. (B) In order to obtain ambulance service, to obtain
additional ambulance service in times of emergency, or to obtain
emergency medical services, a joint emergency medical services
district may enter into a contract, for a period not to exceed
three years, with one or more counties, townships, municipal
corporations, joint fire districts, other governmental units that
provide ambulance service or emergency medical services,
nonprofit
corporations, or private ambulance owners, regardless
of whether
the entities contracted with are located within or
outside this
state, upon such terms as are agreed to, to
furnish
or receive
ambulance services or the interchange of ambulance
services or
emergency medical services within the several
territories of the
contracting subdivisions, if the contract is
first authorized by
all boards of trustees and legislative
authorities in the
territories to be served. Such a contract may provide for a fixed annual charge to be
paid at the times agreed upon and stipulated in the contract; or
for compensation based on a stipulated price for each run, call,
or emergency or based on the elapsed time of service required for
each run, call, or emergency, or based on any combination of
these. Expenditures of a district for ambulance service or
emergency
medical service, whether pursuant to contract or
otherwise, are
lawful expenditures, regardless of whether the
district or the
party with which it contracts charges an
additional fee to users
of the service. (C) The board of trustees may enter into a contract with
any
person, municipal corporation, township, or other political
subdivision, and any political subdivision may contract with the
board, for the operation and maintenance of emergency medical
services facilities regardless of whether the facilities used are
owned or leased by the district, by another political
subdivision,
or by the contractor. (D) The district may purchase, lease, and maintain all
materials, buildings, land, and equipment, including vehicles,
the
board considers necessary for the district. When the board finds, by resolution, that the district has
personal property
that is not needed for public use, or is
obsolete or unfit for the use for
which it was acquired, the board
may dispose of the property in the same manner
as provided in
section 307.12 of the Revised Code. (E) Any contract entered into by a joint emergency medical
services district shall conform to the same bidding requirements
that apply to county contracts under sections 307.86 to
307.92 of
the Revised Code. (F) A county participating in a joint district may
contribute any of its rights or interests in real or personal
property, including money, and may contribute services to the
district. Any such contributions shall be made by a written
agreement between the contributing county and the district,
specifying the contribution as well as the rights of the
participating counties in the contributed property. Written
agreements shall also be prepared specifying the rights of
participating counties in property acquired by the district other
than by contribution of a participating county. Written
agreements required by this division may be amended only by
written agreement of all parties to the original agreement. (G) A district's board of trustees, by adoption of an
appropriate
resolution, may choose to have the Ohio
ambulance
licensing
medical transportation board
license any emergency
medical service
organization the district operates. If a board
adopts such a
resolution, Chapter 4766. of the Revised Code,
except for sections
4766.06 and
4766.99 of the Revised Code,
applies
to the district
emergency
medical service organization.
All rules adopted under
the applicable sections
of that chapter
also apply to the
organization.
A board,
by adoption of an
appropriate resolution,
may remove the district emergency medical
service
organization
from the jurisdiction of the Ohio
ambulance
licensing
medical transportation board.
Sec. 505.37. (A) The board of township trustees may
establish all necessary rules to guard against the occurrence of
fires and to protect the property and lives of the citizens
against damage and accidents, and may, with the approval of the
specifications by the prosecuting attorney or, if the township has
adopted
limited home rule government under
chapter
Chapter 504,.
of the
Revised Code, with the
approval of the
specifications by
the
township's law director, purchase or otherwise
provide any
fire
apparatus, mechanical resuscitators, or other
equipment,
appliances, materials, fire hydrants, and water supply
for
fire-fighting purposes that seems advisable to the board.
The
board shall provide for the care and maintenance of fire
equipment, and, for these purposes, may purchase, lease, or
construct and maintain necessary buildings, and it may establish
and maintain lines of fire-alarm communications within the limits
of the township. The board may employ one or more persons to
maintain and operate fire-fighting equipment, or it may enter
into
an agreement with a volunteer fire company for the use and
operation of fire-fighting equipment. The board may compensate
the members of a volunteer fire company on any basis and in any
amount that it considers equitable. (B) The boards of township trustees of any two or more
townships, or the legislative authorities of any two or more
political subdivisions, or any combination thereof, may, through
joint action, unite in the joint purchase, maintenance, use, and
operation of fire-fighting equipment, or for any other purpose
designated in sections 505.37 to 505.42 of the Revised Code, and
may prorate the expense of the joint action on any terms that are
mutually agreed upon. (C) The board of township trustees of any township may, by
resolution, whenever it is expedient and necessary to guard
against the occurrence of fires or to protect the property and
lives of the citizens against damages resulting from their
occurrence, create a fire district of any portions of the
township
that it considers necessary. The board may purchase or
otherwise
provide any fire apparatus, appliances, materials, fire
hydrants,
and water supply for fire-fighting purposes, or may
contract for
the fire protection for the fire district as
provided in section
9.60 of the Revised Code. The fire district
so created shall be
given a separate name by which it shall be
known. Additional unincorporated territory of the township may be
added to a fire district upon the board's adoption of a
resolution
authorizing the addition. A municipal corporation
that is within
or adjoining the township may be added to a fire
district upon the
board's adoption of a resolution authorizing
the addition and the
municipal legislative authority's adoption
of a resolution or
ordinance requesting the addition of the
municipal corporation to
the fire district. If the township fire district imposes a tax, additional
unincorporated territory of the township or a municipal
corporation that is within or adjoining the township shall become
part of the fire district only after all of the following have
occurred: (1) Adoption by the board of township trustees of a
resolution approving the expansion of the territorial limits of
the district and, if the resolution proposes to add a municipal
corporation, adoption by the municipal legislative authority of a
resolution or ordinance requesting the addition of the municipal
corporation to the district; (2) Adoption by the board of township trustees of a
resolution recommending the extension of the tax to the
additional
territory; (3) Approval of the tax by the electors of the territory
proposed for addition to the district. Each resolution of the board adopted under division (C)(2)
of
this section shall state the name of the fire district, a
description of the territory to be added, and the rate and
termination date of the tax, which shall be the rate and
termination date of the tax currently in effect in the fire
district. The board of trustees shall certify each resolution adopted
under division (C)(2) of this section to the board of elections
in
accordance with section 5705.19 of the Revised Code. The
election
required under division (C)(3) of this section shall be
held,
canvassed, and certified in the manner provided for the
submission
of tax levies under section 5705.25 of the Revised
Code, except
that the question appearing on the ballot shall
read: "Shall the territory within ........................
(description of the proposed territory to be added) be added to
........................ (name) fire district, and a property tax
at a rate of taxation not exceeding ......
(here insert tax rate)
be in effect for .......... (here insert
the number of years the
tax is to be in effect or
"a continuing
period of time," as
applicable)?" If the question is approved by at least a majority of the
electors voting on it, the joinder shall be effective as of the
first day of July of the year following approval, and on that
date, the township fire district tax shall be extended to the
taxable property within the territory that has been added. If
the
territory that has been added is a municipal corporation and
if it
had adopted a tax levy for fire purposes, the levy is
terminated
on the effective date of the joinder. Any municipal corporation may withdraw from a township fire
district created under division (C) of this section by the
adoption by the municipal legislative authority of a resolution
or
ordinance ordering withdrawal. On the first day of July of
the
year following the adoption of the resolution or ordinance of
withdrawal, the municipal corporation withdrawing ceases to be a
part of the district, and the power of the fire
district to levy
a
tax upon taxable property in the withdrawing municipal
corporation
terminates, except that the fire district shall
continue to levy
and collect taxes for the payment of
indebtedness within the
territory of the fire district as it was
composed at the time the
indebtedness was incurred. Upon the withdrawal of any municipal corporation from a
township fire district created under division (C) of this
section,
the county auditor shall ascertain, apportion, and order
a
division of the funds on hand, moneys and taxes in the process
of
collection except for taxes levied for the payment of
indebtedness, credits, and real and personal property, either in
money or in kind, on the basis of the valuation of the respective
tax duplicates of the withdrawing municipal corporation and the
remaining territory of the fire district. A board of township trustees may remove unincorporated
territory of the township from the fire district upon the
adoption
of a resolution authorizing the removal. On the first
day of July
of the year following the adoption of the
resolution, the
unincorporated township territory described in
the resolution
ceases to be a part of the district,
and the power
of the fire
district to levy a tax upon taxable property in that
territory
terminates, except that the fire district shall
continue to levy
and collect taxes for the payment of
indebtedness within the
territory of the fire district as it was
composed at the time the
indebtedness was incurred. (D) The board of township trustees of any township, the
board of fire district trustees of a fire district created under
section 505.371 of the Revised Code, or the legislative authority
of any municipal corporation may purchase the necessary
fire-fighting equipment, buildings, and sites for the township,
fire district, or municipal corporation and issue securities for
that purpose
with maximum
maturities as provided in section 133.20
of the Revised
Code. The board of township trustees, board of
fire district trustees, or legislative authority may also
construct any buildings necessary to house fire-fighting
equipment
and
issue securities for that purpose with maximum maturities as
provided in
section 133.20 of the Revised Code. The board of
township trustees, board of fire district trustees,
or legislative
authority may issue the securities of the
township,
fire district,
or municipal corporation, signed by the board or
designated
officer of the municipal corporation and attested by
the signature
of the township, fire district, or municipal clerk,
covering any
deferred payments and payable at the times
provided, which
securities shall bear interest not to
exceed the rate
determined
as provided in section 9.95 of the Revised Code, and
shall not be
subject to Chapter 133. of the Revised Code. The
legislation
authorizing the issuance of the securities
shall provide
for
levying and collecting annually by taxation, amounts
sufficient to
pay the interest on and principal of the securities. The
securities shall be
offered for sale on the open
market or given
to the vendor or contractor if no sale is made. (E) A board of township trustees of any township or a
board
of fire district trustees of a fire district created under
section
505.371 of the Revised Code may purchase a policy or
policies of
liability insurance for the officers, employees, and
appointees of
the fire department, fire district, or joint fire
district
governed by the board that includes personal injury
liability
coverage as to the civil liability of those
officers,
employees,
and appointees for false arrest, detention, or
imprisonment,
malicious prosecution, libel, slander, defamation
or other
violation of the right of privacy, wrongful entry or
eviction, or
other invasion of the right of private occupancy,
arising out of
the performance of their duties. When a board of township trustees cannot, by deed of gift
or
by purchase and upon terms it considers reasonable, procure
land
for a township fire station that is needed in order to
respond in
reasonable time to a fire or medical emergency, the
board may
appropriate land for that purpose under sections
163.01 to 163.22
of the Revised Code. If it is necessary to
acquire additional
adjacent land for enlarging or improving the
fire station, the
board may purchase, appropriate, or accept a
deed of gift for the
land for these purposes. (F) As used in this division,
"emergency medical service
organization" has the same meaning as in section 4766.01 of the
Revised Code. A board of township trustees, by adoption of an appropriate
resolution, may choose to have the Ohio
ambulance
licensing
medical transportation board
license any emergency medical service
it operates.
If the board
adopts such a resolution, Chapter 4766.
of the
Revised Code,
except for
sections 4766.06 and 4766.99 of
the
Revised Code,
applies to the organization.
All rules adopted
under the
applicable sections of that chapter also apply
to the
organization. A board of township
trustees, by adoption of an
appropriate resolution, may remove
its emergency medical service
organization from the jurisdiction
of the Ohio
ambulance
licensing
medical transportation board.
Sec. 505.375. (A) The board of a joint
ambulance district
created under section 505.71 of the
Revised Code
and the board of
a joint fire district created under section 505.371 of the
Revised
Code
may negotiate in accordance with this section to combine
their two joint
districts into a single district, called a fire
and ambulance
district, for the delivery of both fire and
ambulance services, if the
geographic area covered by the
combining joint districts is exactly the same.
Both boards shall
adopt a joint resolution ratifying the
agreement and setting a
date on which the fire and ambulance district shall
come into
being. On that date, the joint fire district and the joint
ambulance district shall cease to exist, and the power of each to
levy
a tax
upon taxable property shall terminate, except that any
levy of a tax
for the payment of indebtedness within the territory
of the joint fire or
joint ambulance district as it
was composed
at the time the indebtedness was incurred shall continue to be
collected by the successor fire and ambulance district if the
indebtedness remains unpaid. All funds and other property of the joint districts that
combined into
the fire and ambulance district shall become the
property of the fire
and ambulance district, unless otherwise
provided in the negotiated
agreement. The agreement shall provide
for the settlement of all debts and
obligations of the joint
districts. (B) The governing body of the fire and
ambulance district
shall be a board of trustees of
at least three but no more than
nine members, appointed as
provided in the agreement creating the
district. Members of the board of
trustees may be compensated at
a rate not to exceed thirty dollars per meeting
for not more than
fifteen meetings per year, and may be reimbursed for all
necessary
expenses incurred, as provided in the agreement creating the
district. The board shall employ a clerk and
other employees as it
considers
best, including a fire chief or fire prevention
officers,
and shall fix their compensation.
Neither this
section
nor
any other section of the Revised Code requires, or
shall be
construed to require,
that the fire chief of a fire and
ambulance
district be a
resident
of the district. Before entering
upon the duties of
office, the clerk shall
execute a bond, in the amount and with surety to be
approved
by
the board, payable to the state, conditioned for the faithful
performance of all of the clerk's official duties. The clerk
shall deposit
the bond with the presiding officer of the board,
who shall file a copy of it,
certified by the presiding officer,
with the county auditor of the county
containing the most
territory in the district. The board shall also provide for the appointment of a fiscal
officer for
the district. The board may also enter into
agreements with volunteer fire
companies for the use and operation
of fire-fighting equipment. Volunteer
firefighters acting under
such an agreement are subject to the requirements
for volunteer
firefighters set forth in division (A) of section 505.38 of
the
Revised
Code. Employees of the district shall not be removed from office
except as
provided by sections 733.35 to 733.39 of the
Revised
Code, except that, to initiate removal proceedings,
the board
shall designate a private citizen
or, if the employee is employed
as a firefighter, the board may
designate
the fire chief, to
investigate, conduct the proceedings, and prepare
the
necessary
charges in conformity with sections 733.35 to 733.39 of the
Revised Code, and except that the board shall perform the
functions and duties specified for the municipal legislative
authority under
those sections. The board may pay reasonable
compensation to any private
citizen hired for
services rendered in
the matter. No person shall be appointed as a permanent full-time paid
member of the
district whose duties include fire fighting, or be
appointed as a
volunteer firefighter, unless that person has
received a certificate issued
under former section 3303.07 or
section 4765.55 of the Revised Code
evidencing satisfactory
completion of a firefighter training program. The
board may send
its officers and firefighters to schools of instruction
designed
to promote the efficiency of firefighters and, if authorized
in
advance, may pay their necessary expenses from the funds used for
the
maintenance and operation of the district. The board may choose, by adoption of an appropriate
resolution, to have the
Ohio
ambulance
licensing
medical
transportation board license any
emergency medical service
organization it
operates. If the
board
adopts such a resolution,
Chapter 4766. of
the Revised Code,
except for
sections 4766.06 and
4766.99 of the
Revised Code,
applies
to the organization. All
rules adopted
under the
applicable sections of that
chapter also
apply to the
organization. The board may likewise, by
resolution,
remove its
emergency medical service organization from the
jurisdiction of
the Ohio
ambulance
licensing
medical
transportation board. (C) The board may exercise the following powers: (1) Purchase or otherwise provide any fire apparatus,
mechanical
resuscitators, or other fire or ambulance equipment,
appliances, or materials;
fire hydrants; and water supply for
fire-fighting
purposes that seems
advisable to the board; (2) Provide for the care and maintenance of equipment and,
for that
purpose, purchase, lease, or construct and maintain
necessary buildings; (3) Establish and maintain lines of fire-alarm
communications within the
limits of the district; (4) Appropriate land for a fire station or medical emergency
unit needed
in order to respond in reasonable time to a fire or
medical emergency, in
accordance with Chapter 163. of the Revised
Code; (5) Purchase, appropriate, or accept a deed or gift of land
to enlarge
or improve a fire station or medical emergency unit; (6) Purchase, lease, maintain, and use all materials,
equipment,
vehicles, buildings, and land necessary to perform its
duties; (7) Contract for a period not to exceed three years with one
or more
townships, municipal corporations, counties, joint fire
districts,
governmental
agencies, nonprofit corporations, or
private ambulance owners located either
within or outside the
state, to furnish or receive
ambulance services or emergency
medical services within the several
territories
of the contracting
parties, if the contract is first authorized by all boards
of
trustees and legislative authorities concerned; (8) Establish reasonable charges for the use of ambulance or
emergency
medical services under the same conditions under which a
board of fire
district trustees may establish those charges under
section 505.371 of the
Revised Code; (9) Establish all necessary rules to guard against the
occurrence
of
fires and to protect property and lives against
damage and
accidents; (10) Adopt a standard code pertaining to fire, fire
hazards,
and fire
prevention prepared and promulgated by the state or by a
public or private
organization that publishes a model or standard
code; (11) Provide for charges for false alarms at commercial
establishments
in the same manner as joint fire districts are
authorized to do under section
505.391 of the Revised Code; (12) Issue bonds and other evidences of indebtedness,
subject to
Chapter 133. of the Revised Code, but only after
approval by a vote of the
electors of the district as provided by
section 133.18 of the Revised Code; (13) To provide the services and equipment it considers
necessary, levy
a sufficient tax, subject to Chapter 5705. of
the
Revised Code, on all the taxable property in the district. (D) Any municipal corporation or
township may join an
existing fire and ambulance district by its legislative
authority's adoption
of a resolution
requesting
the
membership
and upon approval of the board of
the district.
Any
municipal
corporation or township may withdraw from a district by
its
legislative authority's adoption
of a resolution ordering
withdrawal. Upon its withdrawal, the municipal
corporation or
township
ceases to be a part of the district, and the district's
power to levy a
tax on
taxable property in the withdrawing
township or municipal
corporation terminates, except that the
district shall continue to levy and
collect taxes for the payment
of indebtedness within the territory of the
district as it was
composed at the time the indebtedness was incurred. Upon the withdrawal of any township or municipal corporation
from a
district, the county auditor of the county containing the
most territory in
the district shall ascertain, apportion, and
order a division of the funds on
hand, including funds in the
ambulance and emergency medical
services fund, moneys and taxes in
the process of collection, except
for
taxes levied
for the
payment
of indebtedness, credits, and real and personal property on the
basis
of the valuation of the respective tax duplicates of the
withdrawing
municipal
corporation or township and the remaining
territory of the district. (E) As used in this section: (1)
"Governmental agency" includes all departments, boards,
offices,
commissions, agencies, colleges, universities,
institutions, and other
instrumentalities of this or another
state. (2)
"Emergency medical service organization" has the same
meaning as in
section 4766.01 of the Revised
Code.
Sec. 505.72. (A) The board of trustees of a joint
ambulance
district shall provide for the employment of such
employees as it
considers best, and shall fix their compensation.
Such employees
shall continue in office until removed as provided
by sections
733.35 to 733.39 of the Revised Code. To initiate
removal
proceedings, and for such purpose, the board shall
designate a
private citizen to investigate the conduct and
prepare the
necessary charges in conformity with sections 733.35
to 733.39 of
the Revised Code. The board may pay reasonable
compensation to
such person for the person's services. In case of the removal of an employee of the district, an
appeal may be had from the decision of the board to the court of
common pleas of the county in which such district, or part of it,
is situated, to determine the sufficiency of the cause of
removal.
Such appeal from the findings of the board shall be
taken within
ten days. (B) As used in this division,
"emergency medical service
organization" has the same meaning as in section 4765.01 of the
Revised Code. (1) In order to obtain the services of ambulance service
organizations, to obtain additional services from ambulance
service organizations in times of emergency, or to obtain the
services of emergency medical service organizations, a district
may enter into a contract, for a period not to exceed three
years,
with one or more townships, municipal corporations, joint
fire
districts, nonprofit corporations, any other governmental
unit
that provides ambulance services or emergency medical
services, or
with private ambulance owners, regardless of whether
such
townships, municipal corporations, joint fire districts,
nonprofit
corporations, governmental unit, or private ambulance
owners are
located within or without this state, upon such
terms
as are
agreed to, to furnish or receive services from ambulance
or
emergency medical service organizations or the interchange of
services from ambulance or emergency medical service
organizations
within the several territories of the contracting
subdivisions, if
such contract is first authorized by all boards
of trustees and
legislative authorities concerned. The contract may provide for a fixed annual charge to be
paid
at the times agreed upon and stipulated in the contract, or
for
compensation based upon a stipulated price for each run,
call, or
emergency, or the elapsed time of service required in
such run,
call, or emergency, or any combination thereof. (2) Expenditures of a district for the services of ambulance
service organizations or emergency medical service organizations,
whether pursuant to contract or otherwise, are lawful
expenditures, regardless of whether the district or the party
with
which it contracts charges additional fees to users of the
services. (3) A district's board of trustees, by adoption of an
appropriate
resolution, may choose to have the Ohio
ambulance
licensing
medical transportation board
license any emergency
medical service
organization the district operates. If a board
adopts such a
resolution, Chapter 4766. of the Revised Code,
except for sections
4766.06 and
4766.99 of the Revised Code,
applies
to the district
emergency
medical service organization.
All rules adopted under
the applicable sections
of that chapter
also apply to the
organization. A board, by adoption of an
appropriate resolution,
may remove the district emergency medical
service
organization
from the jurisdiction of the Ohio
ambulance
licensing
medical transportation board. (C) Ambulance services or emergency medical services
rendered
for a joint ambulance district under this section and
section
505.71 of the Revised Code shall be deemed services of the
district. These sections do not authorize suits against a
district or any township or municipal corporation providing or
receiving, or contracting to provide or receive, such services
under these sections for damages for injury or loss to persons or
property or for wrongful death caused by persons providing such
services.
Sec. 4503.49. (A) As used in this section,
"ambulance,"
"ambulette,"
"emergency medical
service
organization,"
"medical
service organization," and
"nontransport vehicle" have the same
meanings as in section
4766.01 of the Revised Code. (B) Each private emergency medical service
organization
and
medical service organization shall apply to
the registrar
of motor vehicles for the
registration
of any ambulance,
ambulette, or nontransport vehicle it
owns or leases. The
application shall be accompanied by a copy of the certificate of
licensure issued to the
organization by the Ohio
ambulance
licensing
medical transportation board
and the following
fees: (1) The regular
license tax as prescribed under section
4503.04 of the Revised
Code; (2) Any local license tax levied under Chapter 4504. of the
Revised Code; (3) An additional fee of seven
dollars and fifty cents. The
additional fee
shall be for the purpose of compensating the bureau
of motor
vehicles for additional services required to be performed
under this
section and shall be
transmitted by the registrar to
the
treasurer of state for deposit in the state bureau of motor
vehicles fund
created
by section 4501.25 of the Revised Code. (C) On receipt of a complete application, the registrar
shall
issue to the applicant the appropriate certificate of
registration for the
vehicle and do one of the following: (1) Issue a set of license plates with a validation sticker
and a set of
stickers to be attached to the plates as an
identification of the vehicle's
classification as an ambulance,
ambulette, or
nontransport vehicle; (2) Issue a validation sticker alone when so required by
section 4503.191
of the Revised Code.
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. (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) 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) 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) Two per cent shall be
deposited into the Ohio
ambulance
licensing
medical transportation 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) 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 rules the board
adopts
under
section 4765.11 of the Revised Code. (F)(1) Subject to division (F)(2) of this section, the
failure of a person to wear all of the available elements of a
properly adjusted occupant restraining device
or
to ensure that
each
passenger of an automobile
being
operated by
the person is
wearing all of the available
elements of
such a
device,
in
violation of division (B) of this
section, shall
not
be
considered
or used as
evidence of negligence or contributory negligence,
shall not diminish
recovery
for damages in
any civil action
involving the person arising from the ownership,
maintenance, or
operation of an automobile; 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
any civil or criminal action involving
the person other than a
prosecution for a violation of this
section. (2) If, at the time of an accident involving a passenger
car
equipped with occupant restraining devices, any occupant of
the
passenger car who sustained injury or death was not wearing
an
available occupant restraining device, was not wearing all of
the
available elements of such a device, or was not wearing such
a
device as properly adjusted, then, consistent with the Rules of
Evidence, the fact that the occupant was not wearing the
available
occupant restraining device, was not wearing all of the
available
elements of such a device, or was not wearing such a
device as
properly adjusted is admissible in evidence in relation
to any
claim for relief in a tort action to the extent that the
claim for
relief satisfies all of the following: (a) It seeks to recover damages for injury or death to the
occupant. (b) The defendant in question is the manufacturer,
designer,
distributor, or seller of the passenger car. (c) The claim for relief against the defendant in question
is that the injury or death sustained by the occupant was
enhanced
or aggravated by some design defect in the passenger car
or that
the passenger car was not crashworthy. (3) As used in division (F)(2) of this section,
"tort
action" means a civil action for damages for injury, death, or
loss to person or property.
"Tort action" includes a product
liability claim that is subject to sections 2307.71 to 2307.80 of
the Revised Code, but does not include a civil action for damages
for a breach of a contract or another agreement between persons.
Sec. 4766.01. As used in this chapter: (A)
"Advanced life support" means treatment described in
section 4765.39 of the Revised Code that a paramedic is certified
to perform. (B)
"Air medical service organization" means a person or
government entity that provides air medical transportation to the
public. (C) "Air medical transportation" is the use of a rotorcraft
air ambulance or fixed wing air ambulance to provide
transportation and advanced life support to seriously ill,
injured, wounded, or otherwise incapacitated or helpless
individuals who require use of a stretcher from airport to airport
or from an emergency scene to a hospital or other medical care
setting. (D) "Ambulance" means any motor
vehicle that is specifically
designed, constructed, or modified
and equipped and is intended to
be used
for the
to provide basic life support, intermediate life
support, advanced life support, or mobile intensive care unit
services and transportation
upon the streets or highways of
this
state of persons
who
are
seriously ill, injured, wounded, or
otherwise incapacitated or
helpless.
"Ambulance" does not include
air medical transportation or a vehicle designed and
used
solely
for the transportation of nonstretcher-bound persons,
whether
hospitalized or
handicapped or whether ambulatory or
confined to a
wheelchair. (C)(E) "Ambulette" means a motor vehicle that is
specifically
designed, constructed, or modified and equipped and
is intended to
be used for
transportation upon the
streets or
highways of this
state of persons who require use of a
wheelchair.
(F)
"Basic life support" means treatment described in
section
4765.37 of the Revised Code that an
EMT-basic is certified
to
perform. (D)(G)
"Disaster situation" means any condition or situation
described by rule of the Ohio
ambulance
licensing
medical
transportation board
as a mass
casualty, major emergency, natural
disaster, or
national
emergency.
(E)(H)
"Emergency medical service organization" means an
organization that uses EMTs-basic,
EMTs-I, or
paramedics, or a
combination thereof, to provide medical care to victims of
illness
or injury. An emergency medical service organization
includes,
but is not limited to, a commercial ambulance service
organization, a hospital, and a funeral home.
(F)(I)
"EMT-basic,"
"EMT-I," and
"paramedic" have the same
meanings as in section 4765.01 of the Revised Code.
(G)(J) "Fixed wing air ambulance" means a fixed wing
aircraft operated as a means of air medical transportation.
(K)
"Intermediate life support" means treatment described
in
section 4765.38 of the Revised Code that an EMT-I is
certified
to
perform. (H)(L)
"Major emergency" means any emergency event that
cannot be resolved through the use of locally available emergency
resources.
(I)(M)
"Mass casualty" means an emergency event that results
in ten or more persons being injured, incapacitated, made ill, or
killed.
(J)(N)
"Medical emergency" means an unforeseen event
affecting an individual in such a manner that a need for
immediate
care is created.
(O)(1)
"Medical service organization" means a person or
government entity
that does both of the following: (a) Provides services to the
public on a regular
basis for
the purpose of transporting individuals to receive
health care services at health care facilities or health care
practitioners' offices in nonemergency circumstances; (b) Provides the services for a fee, regardless of whether
the fee is paid by the person being transported, a third party
payer, as defined in section 3702.51 of the Revised Code, or any
other person or government entity. (2) "Medical service organization" does not include a health
care facility, as defined in section 1751.01 of the Revised Code,
that provides ambulette services only to patients of that
facility.
(K)(P)
"Mobile intensive care unit" means an
ambulance used
only for
maintaining specialized or intensive care treatment and
used primarily for
interhospital transports
of patients whose
conditions require care beyond the scope of a paramedic as
provided in section 4765.39 of the Revised Code.
(L)(Q)
"Nontransport vehicle" means a motor vehicle operated
by a licensed
emergency
medical
service organization not as an
ambulance, but as a vehicle for providing
services in conjunction
with the ambulances operated by the organization or
other
emergency medical service organizations.
(M)(R)
"Patient" means any individual who as a result of
illness or injury needs medical attention, whose physical or
mental condition is such that there is imminent danger of
loss of
life or significant health impairment,
or who may be otherwise
incapacitated or helpless as a result of a physical or mental
condition,
or whose physical condition requires the use of a
wheelchair.
(S) "Rotorcraft air ambulance" means a helicopter or other
aircraft capable of vertical takeoffs, vertical landings, and
hovering.
Sec. 4766.02. (A) There is hereby created the Ohio
ambulance
licensing
medical transportation board, consisting of
five
nine
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; two voting
members shall
be
owners or
operators of medical service
organizations
that
provide ambulette services only, and two voting
members shall be members of the Ohio association of critical care
transport, one member representing air-based services and the
other representing a ground-based mobile intensive care unit
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
Five members shall constitute a quorum for
the
transaction of business, and the affirmative vote of
three
five
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, 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. (F)
The board is the sole supervisory body regarding the
licensing of medical service organizations in this state. (G) The board is the sole supervisory body regarding the
licensing of air medical service organizations in this state.
Sec. 4766.03. (A) The Ohio
ambulance
licensing
medical
transportation board
shall adopt rules, in accordance with Chapter
119.
of the Revised Code,
implementing the requirements of this
chapter. The rules shall
include provisions relating to the
following: (1) Requirements for an emergency medical
service
organization to receive a permit for an
ambulance or nontransport
vehicle; (2) Requirements for an emergency
medical service
organization to receive a license as
a basic life-support,
intermediate life-support,
or advanced life-support, or mobile
intensive care unit
organization; (3)
Requirements for a medical service organization to
receive a
permit for an ambulette vehicle; (4)
Requirements for a medical service organization to
receive a
license for an ambulette service; (5) Requirements for an air medical service organization to
receive a permit for a rotorcraft air ambulance or fixed wing air
ambulance; (6) Requirements for licensure of air medical service
organizations; (7) Forms for applications and renewals of licenses and
permits; (4)(8) Requirements for record keeping of service responses
made by licensed emergency medical
service organizations;
(5)(9) Fee amounts for licenses and permits, and renewals
thereof;
(6)(10) Inspection requirements for licensees' vehicles
or
aircraft,
records, and physical facilities;
(7)(11) Fee amounts for inspections of ambulances,
ambulettes, rotorcraft air ambulances, fixed wing air ambulances,
and
nontransport vehicles;
(8)(12) Requirements for ambulances and nontransport
vehicles
used by licensed
emergency medical service organizations,
for ambulette vehicles
used by licensed medical service
organizations, and for rotorcraft air ambulances or fixed wing air
ambulances used by licensed air medical service organizations that
specify for
each type of vehicle
or aircraft the types of
equipment that must
be carried, the communication systems that
must be maintained, and
the personnel who must staff the vehicle
or aircraft;
(9)(13) The level of care each type of emergency medical
service
organization, medical service organization, and air
medical service organization is
authorized to provide;
(10)(14)
Eligibility requirements for employment as an
ambulette
driver, including grounds for disqualification due to
the results of a motor
vehicle law violation check, chemical
test,
or criminal records check. The rule may require that an
applicant
for employment as an ambulette driver provide a set of
fingerprints to law enforcement authorities if the applicant comes
under final consideration for employment.
(15) Any other rules that the board determines necessary
for
the implementation and enforcement of this chapter. (B) In the rules for ambulances and nontransport vehicles
adopted under division (A)(8)(12) of this section, the board
may
establish requirements that vary according to whether the
emergency medical
service organization using the vehicles is
licensed as a basic life-support, intermediate life-support,
or advanced life-support, or
mobile intensive care unit
organization. (C) A mobile intensive care unit that
is not dually
certified to provide advanced life-support and meets the
requirements
of the rules adopted under this section is not
required to carry
immobilization equipment, including board
splint
kits, traction
splints, backboards, backboard straps,
cervical
immobilization
devices, cervical collars, stairchairs,
folding
cots, or other
types of immobilization equipment
determined by the
board to be
unnecessary for mobile intensive care units. A mobile intensive care unit is exempt from the
emergency
medical technician staffing requirements of division (B) of
section 4765.43 of the Revised Code when it is staffed
by at least
one physician or registered nurse and another person,
designated
by a physician, who holds a valid license or
certificate to
practice in a health care profession, and when at
least one of the
persons staffing the mobile intensive care unit
is a registered
nurse whose training meets or exceeds the
training required for a
paramedic.
Sec. 4766.04. (A) Except as otherwise provided in this
chapter, no person shall furnish, operate, conduct, maintain,
advertise, engage in, or propose or profess to engage in the
business or service
in this state of transporting persons who are
seriously
ill, injured, or otherwise incapacitated
in this state
unless the
person
is
licensed pursuant to this section. (B) To qualify for a license as a basic life-support,
intermediate life-support,
or advanced life-support
service, or
mobile intensive care unit
organization, an emergency medical
service organization shall
do
all of the following: (1) Apply for a permit for each ambulance and nontransport
vehicle owned or leased as provided in
section 4766.07 of the
Revised Code; (2) Meet all requirements established in rules
adopted by
the Ohio
ambulance
licensing
medical transportation board
regarding
ambulances and
nontransport vehicles, including
requirements
pertaining
to equipment, communications systems,
staffing, and
level of care the
particular organization is
permitted to render; (3) Maintain the appropriate type and amount of insurance
or
self-insurance as specified in section 4766.06 of the Revised
Code; (4) Meet all other requirements established under rules
adopted by
the board for the particular license. (C) To
apply
qualify for a license to provide ambulette
service, a medical service
organization shall do all of the
following: (1)
Apply for a permit for each ambulette owned or leased as
provided in section 4766.07 of the Revised Code; (2)
Meet all requirements established in rules adopted by
the
Ohio
medical transportation board regarding
ambulettes,
including
requirements pertaining to equipment,
communication
systems,
staffing, and level of care the
organization
is
permitted to
render; (3)
Maintain the appropriate type and amount of insurance or
self-insurance as specified in section 4766.06 of the Revised
Code; (4)
Meet all other requirements established under rules
adopted by
the board for the license. (D)
To qualify for a license to provide air medical
transportation, an air medical service organization shall do all
of the following: (1) Apply for a permit for each rotorcraft air ambulance and
fixed wing air ambulance owned or leased as provided in section
4766.07 of the Revised Code; (2) Meet all requirements established in rules adopted by the
Ohio medical transportation board regarding rotorcraft air
ambulances and fixed air ambulances, including requirements
pertaining to equipment, communication systems, staffing, and
level of care the organization is permitted to render; (3) Maintain the appropriate type and amount of insurance or
self-insurance as specified in section 4766.06 of the Revised
Code; (4) Meet all other requirements established under rules
adopted by the board for the license. (E)
An emergency medical service organization that applies
for a license as a basic life-support,
intermediate life-support,
or advanced life-support
service, or mobile intensive care unit
organization, an emergency
medical service organization; a medical
service organization
that applies for a license to provide
ambulette
service; or an air medical service organization that
applies for a license to provide air medical transportation shall
submit a completed application to
the board, on a form provided by
the board for each particular
license, together with the
appropriate fees established under
section 4766.05 of the Revised
Code. The application form shall
include all of the following: (1) The name and business address of the operator of the
organization for which licensure is sought; (2) The name under which the applicant will operate the
organization; (3) A list of the names and addresses of all officers and
directors of the organization; (4)
A
For emergency medical service organizations and medical
service organizations, a description of each vehicle to be used,
including
the
make, model, year of manufacture, mileage, vehicle
identification
number, and the color scheme, insignia, name,
monogram, or other
distinguishing characteristics to be used to
designate the
applicant's vehicle; (5)
For air medical service organizations using fixed wing
air ambulances, a description of each aircraft to be used,
including the make, model, year of manufacture, and aircraft Hobbs
meter hour reading; (6) For air medical service organizations using rotorcraft
air ambulances, a description of each aircraft to be used,
including the make, model, year of manufacture, aircraft Hobbs
meter hour reading, aircraft identification number, and the color
scheme, insignia, name, monogram, or other distinguishing
characteristics to be used to designate the applicant's rotorcraft
air ambulance; (7) The location and description of each place from which
the organization will operate; (6)(8) A description of the geographic area to be served by
the
applicant;
(7)(9) Any other information the board, by rule, determines
necessary.
(D)(F) Within sixty days after receiving a completed
application for licensure as a basic life-support, intermediate
life-support,
or advanced life-support
service, or mobile
intensive care unit organization; an ambulette service; or an air
medical service organization,
the
board shall approve or deny the
application. The board shall
deny an application if it determines
that the applicant does not
meet the requirements of this chapter
or any rules adopted
under it. The board shall send notice of the
denial
of an
application by certified mail to the applicant. The
applicant
may request a hearing within ten days after receipt of
the
notice. If the board receives a timely request, it
shall
hold
a hearing in accordance with Chapter 119. of the Revised
Code.
(E)(G) If an applicant or licensee operates or plans to
operate an organization in more than one location under the same
or different identities, the applicant or licensee shall apply
for
and meet all requirements for licensure or renewal of a
license,
other than payment of a license fee or renewal fee, for
operating
the organization at each separate location. An
applicant or
licensee that operates or plans to operate under the
same
organization identity in separate locations shall pay only a
single license fee.
(F)(H)
An emergency medical service organization that
wishes
to provide ambulette services to the public must apply for a
separate
license under division (C) of this section.
(I) Each license issued under this section and each permit
issued under section 4766.07 of the Revised Code expires one year
after
the date of issuance and
may be renewed in accordance with
the
standard
renewal procedures of Chapter 4745.
of the Revised
Code, except that a license or permit issued in 1998
or in 1999
prior to
the effective date of this amendment
June
30, 1999, shall
expire two
years after the date of issuance. An application for
renewal shall
include the license or
permit
renewal fee
established under section
4766.05 of the Revised Code. An
applicant for renewal
of a permit also shall submit to the board
proof of an annual inspection
of
the vehicle
or aircraft for which
permit
renewal is sought. The board shall renew a license if the
applicant
meets the
requirements for licensure and shall renew a
permit if the applicant and
vehicle
or aircraft meet the
requirements to
maintain a permit for that vehicle
or aircraft. (G)(J) Each licensee shall maintain accurate records of all
service responses conducted. The records shall be maintained
on
forms prescribed by the board and shall contain
information
as
specified by rule by the board.
Sec. 4766.05. (A) The Ohio
ambulance
licensing
medical
transportation board
shall establish by rule a license fee, a
permit
fee for each
ambulance, ambulette, rotorcraft air
ambulance,
fixed wing air ambulance, and nontransport vehicle
owned
or
leased
by the
licensee that is or will be used as
provided in
section
4766.07
of the Revised Code, and fees for
renewals of
licenses and
permits, taking into consideration the
actual costs
incurred by
the board in carrying out its duties
under this
chapter.
However,
the fee for each license and each
renewal of a
license
shall not
exceed one hundred dollars, and the
fee for each
permit and each
renewal of a permit shall not exceed
one
hundred
dollars for each
ambulance, rotorcraft air ambulance,
fixed wing
air ambulance, and
nontransport vehicle.
The fee for
each
permit
and each renewal of
a permit shall be twenty-five
dollars
for each
ambulette for one
year after the effective date
of this
amendment.
Thereafter, the
board shall determine by rule
the fee, which shall not exceed fifty dollars,
for each
permit and
each
renewal of a permit for each
ambulette. For
purposes
of
establishing fees, "actual costs"
includes the costs
of
salaries,
expenses, inspection equipment,
supervision, and
program
administration. (B) The board shall deposit all fees and other moneys
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of
the Revised Code in the state treasury to the credit of the
ambulance
licensing
Ohio medical transportation trust fund, which
is hereby
created. All
moneys from the fund shall be used solely
for the
salaries and
expenses of the board incurred in
implementing and
enforcing this
chapter. (C) The board, subject to the approval of the controlling
board,
may establish fees in excess of the maximum amounts allowed
under division
(A) of this section, but such fees shall not exceed
those maximum
amounts by more than fifty per cent.
Sec. 4766.06. (A)(1) Every
emergency medical service
organization and medical service organization licensee under this
chapter
shall furnish adequate evidence of liability insurance
coverage,
in an amount of not less than five hundred thousand
dollars per
occurrence and not less than five hundred thousand
dollars in the
aggregate, for any cause for which the licensee
would be liable. (2)
Every air medical service organization licensee under
this chapter shall furnish adequate evidence of liability
insurance coverage, in an amount not less than twenty million
dollars per occurrence and not less than twenty million dollars in
the aggregate, for any cause for which the licensee would be
liable. (3) In lieu of insurance coverage as provided in division
(A)(1)
or (2) of this section, a licensee may furnish a
certificate of
self-insurance evidencing that
he
the licensee has
established a
self-insurance plan approved by the superintendent
of insurance
that is equivalent to or greater than the insurance
coverage
required in division (A)(1)
or (2) of this section. (B)(1) In addition to the insurance requirements of
division
(A) of this section, every licensee shall carry bodily
injury and
property damage insurance with solvent and responsible
insurers
licensed to do business in this state for any loss or
damage
resulting from any occurrence arising out of or caused by
the
operation or use of any ambulance,
ambulette, rotorcraft air
ambulance, fixed wing air ambulance, or
nontransport
vehicle.
The
insurance shall insure each vehicle for the sum of
not less
than
one hundred thousand dollars for bodily injury to or
death
of any
one person arising out of any one accident and the
sum of
not less
than three hundred thousand dollars for bodily
injury to
or death
of more than one person in any one accident and
for the
sum of
fifty thousand dollars for damage to property
arising from
any one
accident. (2) In lieu of the insurance coverage as provided in
division (B)(1) of this section, a licensee may furnish a
certificate of self-insurance evidencing that
he
the licensee
has
established a self-insurance plan approved by the superintendent
that
provides the same or more comprehensive coverage than
required in
division (B)(1) of this section. (C) Each policy or contract of insurance issued shall
provide for the payment and satisfaction of any financial
judgment
entered against the licensee and any person operating
the vehicle
and for a thirty-day cancellation notice to the
board.
Sec. 4766.07. (A) Each emergency medical service organization, medical service organization, and air medical
service organization subject to licensure
under this chapter shall
possess a valid permit for each
ambulance,
ambulette, rotorcraft
air ambulance, fixed wing air ambulance, and
nontransport
vehicle
it owns or leases
that
is or will be used by the licensee
to
perform the services
permitted by the license. Each licensee
and
license applicant
shall submit the appropriate fee and an
application for a permit
for each ambulance,
ambulette, rotorcraft
air ambulance, fixed wing air ambulance,
and nontransport vehicle
to
the
Ohio
ambulance
licensing
medical transportation board on
forms provided by
the
board.
The application shall include
documentation that the
vehicle
or aircraft meets the appropriate
standards set by the board, that the
vehicle
or aircraft has been
inspected pursuant to division
(C) of this
section, that the
permit applicant maintains
insurance or
self-insurance as provided
in section 4766.06 of the Revised
Code,
and that the vehicle
or
aircraft and
permit applicant meet any other
requirements
established
under rules adopted by the
board. (B)(1) Within sixty days after receiving a completed
application for a permit, the board shall issue or deny the
permit. The board shall deny an application if it determines
that
the permit applicant
or, vehicle, or aircraft does not meet the
requirements of
this
chapter and the rules adopted under it that
apply to
permits
for ambulances,
ambulettes, rotorcraft air
ambulances, fixed wing air ambulances, and nontransport
vehicles.
The board
shall send notice of the denial of an application by
certified
mail to the
permit applicant. The permit applicant may
request a
hearing
within ten days after receipt of the notice. If
the
board
receives a timely request, it shall hold a hearing in
accordance
with Chapter 119. of the Revised Code. (2) If the board issues the vehicle permit
for an ambulance,
ambulette, or nontransport vehicle, it also shall
issue a decal,
in a form prescribed by rule, to be displayed on
the rear window
of the vehicle. The board shall not issue a
decal
until all of
the requirements for licensure and permit
issuance
have been met. (3) If the board issues the aircraft permit for a rotorcraft
air ambulance or fixed wing air ambulance, it also shall issue a
decal, in a form prescribed by rule, to be displayed on the left
fuselage aircraft window in a manner that complies with all
applicable federal aviation regulations. The board shall not
issue a decal until all of the requirements for licensure and
permit issuance have been met. (C) In addition to any other requirements that the board
establishes by rule, a licensee or license applicant applying for
an initial vehicle
or aircraft permit under division (A) of this
section
shall
submit to
the state highway patrol and the board the
vehicle
or aircraft for
which the permit is sought. Thereafter, a
licensee
shall annually
submit to
the state highway patrol and the
board
each vehicle
or aircraft for
which a permit has been issued. (1) The
state highway patrol
board shall conduct a physical
inspection of an ambulance,
ambulette, or nontransport
vehicle to
determine its
roadworthiness and compliance with standard motor
vehicle
requirements. (2) The board shall conduct a physical inspection of the
medical equipment, communication system, and interior of
an
ambulance
to determine the
operational condition and safety of
the
equipment and the ambulance's interior and to
determine whether
the ambulance is in
compliance with the federal requirements for
ambulance
construction that
were in effect at the time
the
ambulance was manufactured,
as specified by
the general services
administration in the various
versions of its publication titled
"federal
specification for the star-of-life ambulance,
KKK-A-1822." (3)
The board shall conduct a physical inspection of the
equipment, communication system, and interior of an ambulette to
determine the
operational condition and safety of
the equipment
and the ambulette's interior and to determine
whether the
ambulette is in compliance with state requirements
for ambulette
construction.
The board shall determine by rule requirements for
the
equipment,
communication system, interior, and construction of
an
ambulette. (4) The board shall conduct a physical inspection of the
medical equipment, communication system, and interior of a
rotorcraft air ambulance or fixed wing air ambulance to determine
the operational condition and safety of the equipment and the
aircraft's interior. (5) The board
and state highway patrol shall issue a
certificate to the applicant for each vehicle
or aircraft that
passes the
inspection and may assess a fee for each
inspection, as
established by the board. (4)(6) The board, in consultation with the state highway
patrol, shall adopt rules regarding the implementation and
coordination of
the state highway patrol and board inspections.
The rules may permit the board to contract with a third party to
conduct the inspections required of the board under this section.
Sec. 4766.08. (A) The Ohio
ambulance
licensing
medical
transportation board
may,
pursuant to an adjudication conducted in
accordance with Chapter
119. of the Revised Code, suspend or
revoke any license or permit
or renewal thereof issued under this
chapter for any one or
combination of the following causes: (1) Violation of this chapter or any rule adopted
thereunder; (2) Refusal to permit the board to inspect a vehicle
or
aircraft used
under the terms of a permit or to inspect the
records or physical
facilities of a licensee; (3) Failure to meet the ambulance,
ambulette, rotorcraft air
ambulance, fixed wing air ambulance, and
nontransport vehicle
requirements specified in this chapter or the
rules adopted
thereunder; (4) Violation of an order issued by the board; (5) Failure to comply with any of the terms of an agreement
entered into
with the board regarding the suspension or revocation
of a license or permit
or the imposition of a penalty under this
section. (B) If the board determines that the records,
recordkeeping
record-keeping procedures, or physical facilities
of a licensee,
or an ambulance,
ambulette, rotorcraft air ambulance, fixed wing
air ambulance, or nontransport vehicle for
which a
valid permit
has been issued, do not meet the standards specified
in this
chapter and the rules adopted thereunder, the board shall
notify
the licensee of any deficiencies within thirty days of
finding
the
deficiencies. If the board determines that the
deficiencies
exist
and they remain uncorrected after thirty days,
the board
may
suspend the license
or, vehicle permit, or aircraft permit. The
licensee,
notwithstanding the suspension under this division, may
operate
until all appeals have been exhausted. (C) At the discretion of the board, a licensee whose
license
has been suspended or revoked under this section may be
ineligible
to be licensed under this chapter for a period of not
more than
three years from the date of the violation, provided
that the
board shall make no determination on a period of
ineligibility
until all the licensee's appeals relating to the
suspension or
revocation have been exhausted. (D) The board may, in addition to any other action taken
under this section and after a hearing conducted pursuant to
Chapter 119. of the Revised Code, impose a penalty of not more
than fifteen hundred dollars for any violation specified in
this
section.
The attorney general shall institute a civil action for
the
collection of any such penalty imposed.
Sec. 4766.09. This chapter does not
apply to any of the
following: (A) A person rendering services with an ambulance in the
event of a disaster situation when licensees' vehicles based in
the locality of the disaster situation are incapacitated or
insufficient in number to render the services needed; (B) Any person operating an ambulance, rotorcraft air
ambulance, or fixed wing air ambulance outside this state
unless
receiving a person within this state for transport to a
location
within this state; (C) A publicly owned or operated emergency medical service
organization and the vehicles it owns or leases and operates,
except as provided in section 307.051, division (G) of section
307.055, division (F) of section 505.37, division (B) of
section
505.375, and division (B)(3)
of section 505.72 of the Revised
Code; (D) An ambulance, rotorcraft air ambulance, fixed wing air
ambulance, or nontransport vehicle
owned or leased and operated by
the federal government; (E) A publicly owned and operated fire department vehicle; (F) Emergency vehicles owned by a corporation and
operating
only on the corporation's premises, for the sole use by
that
corporation; (G) An ambulance, nontransport vehicle,
or other emergency
medical service organization
vehicle owned and operated by a
municipal corporation; (H) A motor vehicle titled in the name of a
volunteer rescue
service organization, as defined in section 4503.172 of the
Revised
Code; (I) A
public emergency medical service
organization; (J) A fire department,
rescue squad, or life squad comprised
of
volunteers who provide
services without expectation of
remuneration and do not receive
payment for services other than
reimbursement for expenses; (K) A private,
nonprofit emergency medical service
organization when fifty per
cent or more of its personnel are
volunteers, as defined in section 4765.01 of the Revised Code.
Sec. 4766.10. This chapter does not invalidate any
ordinance
or resolution adopted by a municipal corporation
that establishes
standards for
the licensure of emergency medical service
organizations as basic
life-support, intermediate life-support,
or
advanced life-support service organizations that
have their
principal places of business located within the
limits of the
municipal corporation, as long as the licensure
standards
meet or
exceed the standards established in this chapter and the rules
adopted thereunder. Emergency medical service organizations licensed by a
municipal
corporation are subject to the jurisdiction
of the Ohio
ambulance
licensing
medical transportation board, but the fees
they
pay to
the
board for licenses,
permits, and renewals thereof
shall not
exceed fifty per cent of
the fee amounts established by
the board
pursuant to section
4766.03 of the Revised Code. The
board may
choose to waive the
vehicle inspection requirements and
inspection
fees, but not the
permit fees, for the vehicles of
organizations
licensed by a municipal
corporation.
Sec. 4766.11. The Ohio
ambulance
licensing
medical
transportation board may investigate alleged violations of this
chapter or the
rules adopted under it and may investigate any
complaints received
regarding alleged violations. In addition to any other remedies available and
regardless of
whether an adequate remedy at law exists, the
board may apply to
the court of common pleas in the county where
a
violation of any
provision of this chapter or any rule adopted pursuant
thereto is
occurring for a temporary or permanent injunction restraining
a
person from continuing to commit that violation.
On a showing
that a person has committed a violation, the
court shall grant the
injunction. In conducting an investigation under this section, the
board
may issue subpoenas compelling the attendance and
testimony of
witnesses and the production of books, records, and
other
documents pertaining to the investigation. If a person
fails to
obey a subpoena from the board, the board may apply to
the court
of common pleas in the county where the investigation
is being
conducted for an order compelling the person to comply
with the
subpoena. On application by the board, the court shall
compel
obedience by attachment proceedings for contempt, as in
the case
of disobedience of the requirements of a subpoena from
the court
or a refusal to testify therein.
Sec. 4766.12. If a county, township, joint
ambulance
district, or joint emergency medical services district chooses
to
have the Ohio
ambulance
licensing
medical transportation board
license its
emergency medical service organizations
and issue
permits for its vehicles pursuant
to this
chapter, except as may be otherwise
provided, all
provisions of
this chapter and all
rules adopted by the board
thereunder are
fully applicable. However, a county,
township,
joint ambulance
district, or joint emergency medical
services
district is not
required to obtain any type of permit from the
board for any of
its nontransport vehicles.
Sec. 4766.13. The Ohio
ambulance
licensing
medical
transportation board, by
endorsement, may license and issue
vehicle permits to an
emergency medical
service organization
or a
medical service
organization that is
regulated by another state.
To qualify for a
license and vehicle permits by endorsement, an
organization must
submit
evidence satisfactory to the board that
it has met
standards in another state
that are equal to or more
stringent
than the standards established by this
chapter and the
rules
adopted under it.
Sec. 4766.15. (A)
An applicant for employment as an
ambulette driver with an organization licensed pursuant to this
chapter shall submit proof to the organization of, or give
consent
to the employer to obtain, all of the following: (1)(a)
A valid driver's license issued pursuant to
Chapter
4506. or
4507. of the Revised Code, or its equivalent, if the
applicant is a
resident of another state; (b)
A recent certified abstract of the applicant's record of
convictions for violations of motor vehicle laws provided by the
registrar of
motor vehicles pursuant to section
4509.05 of the
Revised Code, or its equivalent, if the applicant is
a resident of
another state. (2)(a)
A certificate of completion of a course in first aid
techniques offered by the American red cross or an equivalent
organization; (b)
A certificate of completion of a course in
cardiopulmonary
resuscitation, or its equivalent, offered by an
organization approved by
the Ohio medical transportation board. (3)
The result of a chemical test or tests of the
applicant's
blood, breath, or urine conducted at a hospital or
other
institution
approved by the board for
the purpose of
determining
the alcohol or drug of abuse content of the applicant's blood,
breath, or urine; (4)
The result of a criminal records check conducted by
the
bureau of criminal identification and investigation. (B)
An organization may employ an applicant on a temporary
provisional
basis pending the completion of all of the
requirements of this section. The
length of the provisional
period shall be
determined by the board. (C)
An organization licensed pursuant to this chapter shall
use
information received pursuant to this section to determine in
accordance with rules adopted by the Ohio medical transportation
board under section 4766.03 of the Revised Code whether
an
applicant is
disqualified for employment. No applicant shall be accepted for permanent employment as an
ambulette
driver by an organization licensed pursuant to this
chapter until all of the
requirements of division (A) of this
section have been met.
Sec. 4766.17. (A) An air medical service organization
licensed under this chapter shall do both of the following: (1) Use at a minimum both of the following to provide
advanced life support to seriously ill, injured, wounded, or
otherwise incapacitated or helpless individuals who require use of
a stretcher: (a) A paramedic or registered nurse, both as defined in
section 4765.01 of the Revised Code; (b) One other person, designated by the medical director of
the air medical service organization, who holds a current, valid
certificate or license to practice a health care profession in
this state. (2) Employ as a medical director 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. (B) The medical director employed by a licensed air medical
service organization pursuant to division (A)(2) of this section
is ultimately responsible for the medical care provided to each
patient by the organization.
Sec. 4766.20. The Ohio medical transportation board may
create committees to review and make recommendations regarding
medical transportation services provided in this state. A
committee created under this section may receive information about
medical transportation services provided in this state from
emergency medical service organizations, medical service
organizations, air medical service organizations, experts in the
field of medical transportation, and other entities or individuals
designated by the board. A committee created under this section shall meet all of the
following requirements: (A) Be composed of at least one member of the board and any
experts in the field of medical transportation designated by the
board; (B) Not exceed a total of six members; (C) Cease to exist at the pleasure of the board; (D) Meet any other requirements established by the board.
Sec. 5503.12. (A) The superintendent of the state highway
patrol, with the approval of the director of public safety, may
authorize the registrar of motor vehicles and designated deputy
registrars to collect inspection and testing fees on behalf of the
state highway patrol.
The superintendent and the registrar jointly
shall determine and designate the deputy registrars who shall
collect inspection and testing fees under this section. (B)(1) In addition to collecting the inspection and testing
fees, the registrar and each designated deputy registrar may
collect and retain a service fee in the amount specified in
division (D) of section 4503.10 of the Revised Code for each
inspection and testing fee collected on behalf of the state
highway patrol. (2) Each designated deputy registrar, upon receipt of any
inspection and testing fee, shall transmit the fees to the
registrar in the manner prescribed by the registrar. (3) The registrar shall deposit the inspection and testing
fees collected by and transmitted to the registrar to the credit
of the fund specified by law. (C) The superintendent, with the approval of the director,
shall establish appropriate procedures to be used by the registrar
and designated deputy registrars for determining proof of payment
of inspection and testing fees. (D) As used in this section,
"inspection and testing fees"
includes the following: (1) Fees for vehicle inspections conducted under sections
4505.11, 4505.111, 4513.52, 4513.53, 4519.56, and 4519.61, and 4766.07
of the Revised Code; (2) Fees for testing of commercial driver's license
applicants under section 4506.09 of the Revised Code; (3) Except as may otherwise be specifically provided by law,
any statutory fees for similar vehicle inspections or driver
testing conducted by the state highway patrol that the
superintendent may specify for collection under this section.
Section 2. That existing sections 307.051, 307.055, 505.37,
505.375, 505.72, 4503.49, 4513.263, 4766.01, 4766.02, 4766.03,
4766.04, 4766.05, 4766.06, 4766.07, 4766.08, 4766.09, 4766.10,
4766.11,
4766.12, 4766.13, and 5503.12 of the Revised Code are hereby
repealed.
Section 3. That the version of section 4513.263 of the
Revised Code that is scheduled to take effect January 1, 2004, be
amended to read as follows:
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. (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) 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) 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) Two per cent shall be
deposited into the Ohio
ambulance
licensing
medical transportation 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) 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 rules the board
adopts
under
section 4765.11 of the Revised Code. (F)(1) Subject to division (F)(2) of this section, the
failure of a person to wear all of the available elements of a
properly adjusted occupant restraining device
or
to ensure that
each
passenger of an automobile
being
operated by
the person is
wearing all of the available
elements of
such a
device,
in
violation of division (B) of this
section, shall
not
be
considered
or used as
evidence of negligence or contributory negligence,
shall not diminish
recovery
for damages in
any civil action
involving the person arising from the ownership,
maintenance, or
operation of an automobile; 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
any civil or criminal action involving
the person other than a
prosecution for a violation of this
section. (2) If, at the time of an accident involving a passenger
car
equipped with occupant restraining devices, any occupant of
the
passenger car who sustained injury or death was not wearing
an
available occupant restraining device, was not wearing all of
the
available elements of such a device, or was not wearing such
a
device as properly adjusted, then, consistent with the Rules of
Evidence, the fact that the occupant was not wearing the
available
occupant restraining device, was not wearing all of the
available
elements of such a device, or was not wearing such a
device as
properly adjusted is admissible in evidence in relation
to any
claim for relief in a tort action to the extent that the
claim for
relief satisfies all of the following: (a) It seeks to recover damages for injury or death to the
occupant. (b) The defendant in question is the manufacturer,
designer,
distributor, or seller of the passenger car. (c) The claim for relief against the defendant in question
is that the injury or death sustained by the occupant was
enhanced
or aggravated by some design defect in the passenger car
or that
the passenger car was not crashworthy. (3) As used in division (F)(2) of this section,
"tort
action" means a civil action for damages for injury, death, or
loss to person or property.
"Tort action" includes a product
liability claim that is subject to sections 2307.71 to 2307.80 of
the Revised Code, but does not include a civil action for damages
for a breach of a contract or another agreement between persons. (G)(1) Whoever violates division (B)(1) of this section
shall be fined thirty dollars. (2) Whoever violates division (B)(3) of this section shall
be fined twenty dollars. (3) Except as otherwise provided in this division, whoever
violates division (B)(4) of this section is guilty of a minor
misdemeanor. If the offender previously has been convicted of or
pleaded guilty to a violation of division (B)(4) of this section,
whoever violates division (B)(4) of this section is guilty of a
misdemeanor of the third degree.
Section 4. That the existing version of section 4513.263 of
the Revised Code that is scheduled to take effect January 1, 2004,
is hereby repealed.
Section 5. Sections 3 and 4 of this act take effect January
1, 2004.
Section 6. Within 60 days after the effective date of this
act,
the Governor shall appoint the additional members of the Ohio
Medical Transportation Board required by section
4766.02 of the
Revised Code,
as amended
by this act. The terms of
the first two
new members shall expire July 5,
2004, and the terms of
the second
two new members shall expire on July 5, 2005. Thereafter, the
terms of
office shall be as specified in
section 4766.02 of the
Revised
Code.
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