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Sub. H. B. No. 401 As Passed by the Senate
As Passed by the Senate
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Law, Flowers, Coley, Uecker, Patton, S., Bubp, Evans, D., Key, Perry, Sayre, Blessing, Book, Brown, DeBose, Distel, Dolan, Domenick, Driehaus, Fende, Hagan, Harwood, Hughes, Koziura, Martin, McGregor, J., Otterman, Patton, T., Reed, Reidelbach, Schaffer, Setzer, Smith, G., Stewart, D., Wagoner, Widener, Williams, Yuko
Senators Cates, Grendell, Armbruster, Niehaus, Mumper, Miller, D., Fedor, Kearney, Austria, Roberts, Stivers
A BILL
To amend sections 505.38, 737.08, 737.22, 3737.66, 4765.01, 4765.04, 4765.49, and 4765.55 of the Revised Code to provide for the adoption of rules governing firefighter training.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 505.38, 737.08, 737.22, 3737.66, 4765.01, 4765.04, 4765.49, and 4765.55 of the Revised Code be amended to read as follows:
Sec. 505.38. (A) In each township or fire district that
has
a fire department, the head of
the department shall be
a
fire
chief, appointed by the board of township trustees, except
that,
in a joint fire district, the fire chief shall be
appointed
by the
board of fire district trustees.
Neither this section
nor any
other section of the Revised Code requires, or shall be construed
to require,
that the fire chief be a resident of
the township or
fire district. The board shall provide
for the employment of
firefighters
as it
considers best and shall fix their
compensation. No person
shall be
appointed as a permanent
full-time paid member, whose
duties include
fire
fighting, of the fire department of any
township or fire district
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.
Those appointees shall continue in
office until
removed
from office as provided by sections 733.35
to
733.39
of the Revised Code. To
initiate removal proceedings,
and
for
that purpose, the
board
shall designate the fire chief or
a private citizen to
investigate the conduct and prepare the
necessary charges in
conformity with
those sections. In case of the removal of a fire chief or any member of the
fire department of a township or
fire district, an appeal may be
had
from the decision of the board to the court of common pleas of
the county in which
the township or
fire district
fire
department
is
situated to determine the sufficiency of the cause
of removal.
The appeal from the findings of the board shall
be taken
within
ten days. No person who is appointed as a volunteer
firefighter of the
fire department of any township or fire district
shall remain in
that position
unless either of the
following applies: (1) Within one year
of the appointment, the person has
received
a certificate issued under
former section 3303.07 of the
Revised Code or division (C)(1) or (2)
of section 4765.55 of the
Revised Code
evidencing satisfactory completion of a
firefighter
training program. (2) The person began serving as a permanent full-time paid
firefighter with the fire department of a city or village
prior to
July 2, 1970, or as a
volunteer firefighter with the fire
department of a city,
village, or other township or fire district
prior to
July 2, 1979, and receives a certificate issued under
division
(C)(3) of section 4765.55 of
the Revised Code. No person shall receive an appointment under this section,
in
the case of a volunteer
firefighter, unless
the person has, not
more than
sixty days prior to receiving
the
appointment, passed a
physical examination, given by a
licensed
physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife, showing that
the person meets the physical
requirements
necessary to perform
the duties of the position to
which the
person is appointed as
established by the board of
township trustees
having jurisdiction
over the appointment. The
appointing authority, prior to
making
an
appointment,
shall file with the
Ohio police
and fire
pension
fund
or
the local volunteer fire fighters'
dependents
fund
board a
copy of
the report or findings
of
that licensed
physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife. The
professional fee for
the
physical examination
shall be paid
for
by the board of township
trustees. (B) In each township not having a fire department, the
board
of
township trustees shall appoint a fire prevention officer who
shall exercise all of the duties of a fire chief except those
involving the maintenance and operation of fire apparatus. The
board
may appoint one or more deputy fire
prevention
officers who shall exercise the duties assigned by
the
fire
prevention officer. The board
may fix
the
compensation
for
the
fire prevention officer and the fire prevention
officer's
deputies as it considers best.
The board
shall appoint each fire prevention
officer
and deputy for a
one-year term. An appointee may be reappointed
at the end of a
term to another one-year term. Any appointee may
be removed from
office during a term as provided by sections
733.35 to 733.39 of
the Revised Code.
Section
505.45 of the
Revised Code
extends to
those officers. (C)(1) Division (A) of this section
does not apply to
any
township
that has a population of ten thousand or more
persons
residing within the township and outside of any municipal
corporation,
that has its own fire department employing
ten
or
more full-time paid employees, and
that has a civil
service
commission established under division (B) of section
124.40 of
the
Revised Code.
The
township shall comply with
the
procedures
for
the employment, promotion, and discharge of
firefighters
provided
by Chapter 124. of the Revised Code, except
as
otherwise
provided in divisions (C)(2) and (3) of this section. (2) The board of
township trustees of the township may
appoint
the fire
chief, and
any person so appointed shall be in
the
unclassified
service under
section 124.11 of the Revised Code
and
shall serve
at the pleasure
of the board.
Neither this section
nor
any other section
of the
Revised Code requires, or shall be
construed to require,
that the
fire chief be a resident of the
township. A person
who
is
appointed fire chief
under these
conditions
and who is removed by
the board or
resigns
from the
position is entitled to return to
the classified service
in the
township fire department in the
position held just
prior to the
appointment as fire chief.
(3) The appointing authority of an urban township, as
defined in section 504.01 of the Revised Code, may appoint to a
vacant position any one of the three highest scorers on the
eligible list for a promotional examination. (4) The
board of township
trustees shall
determine the
number of personnel
required and
establish salary
schedules and
conditions of
employment not in
conflict with
Chapter 124. of the
Revised Code.
(5) No person shall
receive an
original appointment as a
permanent
full-time paid
member of the
fire department of
the
township
described in this division
unless the
person has
received
a certificate issued under
former
section 3303.07
or
section
4765.55 of the Revised Code
evidencing
the
satisfactory
completion
of a firefighter
training
program.
(6) Persons employed as
firefighters in
the township
described in this division on the date a
civil service
commission
is appointed pursuant to division (B) of
section 124.40
of the
Revised Code, without being required
to pass a
competitive
examination or a firefighter training
program,
shall retain
their
employment and any rank previously granted
them by action of
the
board of township trustees or otherwise, but
those
persons are
eligible for promotion only by compliance with
Chapter
124. of the
Revised Code.
Sec. 737.08. (A) The fire department of each city shall be
composed of a chief of the fire department and
other
officers, firefighters, and employees
provided
for
by
ordinance.
Neither this section nor any other section of the
Revised Code requires, or
shall be construed to require, that the
fire chief be a resident of the city. (B) No person shall be appointed as a
permanent full-time paid member, whose duties include
fire fighting, of
the fire department of any city, unless
either
of the following applies: (1) The person has received a certificate issued under
former section
3303.07 of the Revised Code or division (C)(1) or
(2) of section 4765.55 of
the Revised Code evidencing satisfactory
completion of a firefighter training
program. (2) The person began serving as a permanent full-time paid
firefighter with the fire department of a village or other city
prior to July 2, 1970,
and receives a fire training certificate issued under
division (C)(3) of
section 4765.55 of the
Revised Code.
(C) No person who is appointed as a volunteer
firefighter of
a city
fire department
shall remain in
that
position, unless either of the following applies: (1) Within one year of the appointment, the person has
received a
certificate
issued under former section 3303.07 of the
Revised Code or division (C)(1) or
(2) of section 4765.55 of the
Revised Code
evidencing satisfactory completion of a firefighter
training
program. (2) The person began serving as a permanent full-time paid
firefighter with the fire department of a village or other city
prior to July 2, 1970, or as a volunteer firefighter with the
fire
department of a township, fire district, village, or other city
prior to July 2, 1979, and receives a fire training certificate issued
under
division (C)(3) of section 4765.55 of the
Revised Code.
(D) The director of
public safety shall have the exclusive
management and control of
other surgeons, secretaries,
clerks, and employees
provided
for by ordinance or
resolution of the legislative authority
of
the city.
Sec. 737.22. (A) Each village establishing a fire
department
shall have a fire chief as the
department's head,
appointed by the
mayor with the advice and consent of the
legislative authority of
the village, who shall continue in office
until removed
from office as provided
by sections 733.35
to
733.39 of the Revised Code.
Neither this section nor
any other
section of the Revised Code requires, or shall be construed to
require, that the
fire chief be a resident of the village. In each village not having a fire department, the mayor
shall, with the advice and consent of the legislative authority
of
the village, appoint a fire prevention officer who shall
exercise
all of the duties of a fire chief except those involving
the
maintenance and operation of fire apparatus. The legislative authority of the village may fix
the
compensation
it
considers best.
The appointee
shall
continue in
office until removed
from office as provided
by
sections
733.35
to 733.39 of the Revised Code.
Section 737.23 of the Revised Code
shall
extend to
the officer. (B) The legislative authority of the village may provide for
the appointment of
permanent full-time paid firefighters as it
considers best and fix their
compensation, or for the
services of
volunteer
firefighters, who shall be
appointed by the
mayor with
the advice and consent of the
legislative authority,
and shall
continue in office until removed
from office. (1) No person shall be appointed as
a permanent full-time
paid firefighter of a village fire
department, unless either of
the following applies: (a) The person has received a certificate issued
under
former section 3303.07 of the Revised Code or division (C)(1) or
(2) of
section 4765.55 of the Revised Code evidencing satisfactory
completion of a firefighter training program. (b) The person began serving as a permanent full-time
paid
firefighter with the fire department of a city or other
village
prior to July 2,
1970, and receives a fire training certificate issued under
division (C)(3) of
section 4765.55 of the Revised Code. (2) No person who is appointed as a volunteer
firefighter of
a
village fire department
shall remain in
that position, unless
either of the following applies: (a) Within one year of the appointment,
the 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. (b) The person has served as a
permanent full-time paid
firefighter with the fire department of
a city or other village
prior to
July 2, 1970, or as a volunteer
firefighter with the fire
department of a city, township, fire
district, or other village
prior to
July 2, 1979, and receives a certificate issued
under
division (C)(3) of section 4765.55 of the
Revised Code. (3) No person shall receive an appointment under this
section
unless the
person has, not more than
sixty days
prior to
receiving
the appointment, passed a
physical
examination, given
by a licensed physician,
a physician assistant, a clinical nurse
specialist, a
certified
nurse practitioner, or a certified
nurse-midwife, showing that
the
person meets the
physical
requirements necessary to perform
the
duties of
the
position to
which the person is to be appointed
as
established by
the
legislative authority of the village. The
appointing
authority
shall, prior to making
an
appointment, file
with the
Ohio police
and fire pension fund
or
the local volunteer
fire
fighters'
dependents
fund board a copy of
the report or
findings
of
that
licensed physician, physician assistant, clinical nurse
specialist,
certified nurse practitioner, or certified
nurse-midwife. The
professional fee for
the
physical examination
shall be paid
for
by
the
legislative
authority
of the village.
Sec. 3737.66. (A) As used in this section,
"firefighting agency" and "private fire company" have the same meanings as in
section 9.60 of the Revised Code. (B) No person shall claim to the public to be or act as a
firefighter, volunteer firefighter, member of a fire department,
chief of a fire department, or fire prevention officer unless at
least one of the following applies: (1) The the person is recognized as a firefighter, volunteer
firefighter, member of a fire department, member of a private fire company,
chief of a fire department, or fire prevention officer by the
fire marshal or has received a certificate issued under former
section 3303.07 or section 4765.55 of the Revised Code evidencing
satisfactory completion of a firefighter
training program and has been appointed by the governing board of
a firefighting agency
or, in the case of a volunteer
firefighter, receives such a certificate within one
year after appointment by the governing board of a firefighting
agency;
(2) The person is a member of a private fire
company and that
company is providing fire protection in accordance with division
(B), (C), or (D) of section 9.60 of the Revised Code.
Sec. 4765.01. As used in this chapter: (A) "First responder" means an individual who holds a
current,
valid certificate issued under section 4765.30 of the
Revised Code to practice
as a first responder. (B) "Emergency medical
technician-basic" or "EMT-basic"
means an individual who holds a current, valid certificate issued
under section 4765.30 of the Revised Code to practice as an
emergency medical technician-basic. (C) "Emergency medical technician-intermediate" or
"EMT-I"
means an
individual who holds a current, valid
certificate issued
under section 4765.30 of the Revised Code to
practice as an
emergency medical technician-intermediate. (D) "Emergency medical technician-paramedic" or
"paramedic"
means an individual who holds a current, valid
certificate issued
under section 4765.30 of the Revised Code to
practice as an
emergency medical technician-paramedic. (E) "Ambulance" means any motor vehicle that is used, or
is
intended to be used, for the purpose of responding to
emergency
medical situations, transporting emergency patients,
and
administering emergency medical service to patients before,
during, or after transportation. (F) "Cardiac monitoring" means a procedure used for the
purpose of observing and documenting the rate and rhythm of a
patient's heart by attaching electrical leads from an
electrocardiograph monitor to certain points on the patient's
body
surface. (G) "Emergency medical service" means any of the services
described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of
the
Revised Code that are performed by first responders, emergency
medical technicians-basic,
emergency medical
technicians-intermediate, and paramedics. "Emergency
medical
service" includes such services performed before or during any
transport of a patient, including transports between hospitals and
transports
to and from helicopters. (H) "Emergency medical service organization" means a
public
or private organization using first responders,
EMTs-basic,
EMTs-I, or paramedics, or a combination of
first responders,
EMTs-basic, EMTs-I, and
paramedics, to provide emergency medical
services. (I) "Physician" means an individual who holds a current,
valid certificate issued under Chapter 4731. of the Revised Code
authorizing the practice of medicine and surgery or osteopathic
medicine and surgery. (J) "Registered nurse" means an individual who holds a
current, valid license issued under Chapter 4723. of the Revised
Code authorizing the practice of nursing as a registered nurse. (K) "Volunteer" means a person who provides services either
for no compensation
or for compensation
that does not exceed the
actual expenses incurred in providing
the services or in training
to provide the services.
(L) "Emergency medical service personnel" means
first
responders, emergency medical service technicians-basic,
emergency
medical service technicians-intermediate,
emergency medical
service technicians-paramedic, and persons who provide
medical
direction to such persons. (M) "Hospital" has the same meaning as in section
3727.01 of
the Revised Code. (N) "Trauma" or "traumatic injury" means severe damage to or
destruction of tissue that satisfies both of the following
conditions: (1) It creates a significant risk of any of the following: (c) Significant, permanent disfigurement; (d) Significant, permanent disability. (2) It is caused by any of the following: (a) Blunt or penetrating injury; (b) Exposure to
electromagnetic, chemical,
or
radioactive
energy; (c) Drowning, suffocation, or
strangulation; (d) A
deficit or excess of heat. (O) "Trauma victim" or "trauma patient" means a person
who
has sustained a traumatic injury. (P) "Trauma care" means the assessment, diagnosis,
transportation, treatment, or rehabilitation of a trauma victim
by
emergency
medical service personnel or by a physician, nurse,
physician
assistant, respiratory therapist, physical therapist,
chiropractor, occupational therapist, speech-language
pathologist,
audiologist, or psychologist licensed to practice as such in
this
state or another jurisdiction. (Q) "Trauma center" means all of the following: (1) Any hospital that is
verified by the American college of
surgeons as an adult or pediatric trauma center; (2)
Any hospital that is operating as an adult or pediatric
trauma center under provisional status pursuant to section
3727.101 of the Revised Code; (3) Until December 31, 2004, any hospital in this state
that
is designated by the director of health as a level II
pediatric
trauma center under section 3727.081 of the Revised Code; (4) Any hospital in
another state that is licensed or
designated under the laws of that state
as capable of providing
specialized trauma care appropriate to the medical
needs of the
trauma patient. (R) "Pediatric" means involving a patient who is less than
sixteen years of age. (S) "Adult" means involving a patient who is not a pediatric
patient. (T) "Geriatric" means involving a patient who is at least
seventy
years old or exhibits significant anatomical or
physiological
characteristics associated with advanced aging. (U) "Air medical organization" means an organization that
provides emergency medical services, or transports emergency
victims, by means
of fixed or rotary wing aircraft. (V) "Emergency care" and "emergency facility" have the same
meanings as in section 3727.01 of the Revised Code. (W) "Stabilize," except as it is used in division (B)
of
section
4765.35 of the Revised Code with respect to the manual
stabilization of fractures, has the same meaning as in section
1753.28 of
the Revised Code. (X) "Transfer" has the same meaning as in section 1753.28 of
the
Revised Code.
(Y) "Firefighter" means any member of a fire department as defined in section 742.01 of the Revised Code. (Z) "Volunteer firefighter" has the same meaning as in section 146.01 of the Revised Code. (AA) "Part-time paid firefighter" means a person who provides firefighting services on less than a full-time basis, is routinely scheduled to be present on site at a fire station or other designated location for purposes of responding to a fire or other emergency, and receives more than nominal compensation for the provision of firefighting services.
Sec. 4765.04. (A) The firefighter and fire safety
inspector
training committee of the state board of emergency
medical
services is hereby created and shall consist of the
members of the
board who are chiefs of fire departments, and the
members of the
board who are emergency medical technicians-basic,
emergency
medical technicians-intermediate, and emergency
medical
technicians-paramedic appointed from among persons
nominated by
the Ohio
association of professional fire fighters or the northern
Ohio fire fighters and from
among persons nominated by the
Ohio
state firefighter's
association. Each member of the committee,
except the
chairperson, may designate a person with fire
experience to
serve in that member's place. The members of the
committee or their designees
shall select a chairperson from among
the members or their designees.
The committee may conduct investigations in the course of discharging its duties under this chapter. In the course of an investigation, the committee may issue subpoenas. If a person subpoenaed fails to comply with the subpoena, the committee may authorize its chairperson to apply to the court of common pleas in the county where the person to be subpoenaed resides for an order compelling compliance in the same manner as compliance with a subpoena issued by the court is compelled. (B) The trauma committee of the state
board of emergency
medical services is hereby created and shall
consist of the
following members appointed by the director of
public safety: (1) A physician who is certified by the
American board of
surgery or
American osteopathic board of
surgery and actively
practices general trauma surgery, appointed
from among three
persons nominated by the
Ohio chapter of the
American college of
surgeons, three persons nominated by the Ohio state medical
association, and three persons nominated by the Ohio osteopathic
association; (2) A physician who is certified by the
American board of
surgery or
the American osteopathic board
of surgery and actively
practices orthopedic trauma surgery,
appointed from among three
persons nominated by the
Ohio orthopedic society and three persons
nominated by the
Ohio osteopathic association; (3) A physician who is certified by the
American board of
neurological
surgeons or the American
osteopathic board of surgery
and actively practices neurosurgery
on trauma victims, appointed
from among three persons nominated
by the Ohio state neurological
society and three persons nominated by the Ohio osteopathic
association; (4) A physician who is certified by the American board of
surgeons or American osteopathic board of surgeons and actively
specializes in treating burn victims, appointed from among three
persons nominated by the
Ohio chapter of the American college of
surgeons and three
persons nominated by the Ohio osteopathic
association; (5) A dentist who is certified by the American board of oral
and
maxillofacial surgery and
actively practices oral and
maxillofacial surgery, appointed from among three
persons
nominated by the Ohio dental association; (6) A physician who is certified by the
American board of
physical
medicine and rehabilitation or American osteopathic board
of
rehabilitation medicine and actively provides rehabilitative
care to trauma victims, appointed from among three persons
nominated by the Ohio society
of physical medicine and
rehabilitation and three persons nominated by the
Ohio osteopathic
association; (7) A physician who is certified by
the
American board of
surgery or
American osteopathic board of
surgery with special
qualifications in pediatric surgery and actively
practices
pediatric trauma surgery,
appointed from among three persons
nominated by the
Ohio chapter of the
American academy of
pediatrics and three persons nominated by the Ohio osteopathic
association; (8) A physician who is certified by the
American board of
emergency
medicine or American osteopathic board of emergency
medicine,
actively practices emergency medicine, and is
actively
involved in emergency medical services, appointed from
among three
persons nominated by the
Ohio chapter of the
American college of
emergency
physicians and three persons nominated by the Ohio
osteopathic
association; (9) A physician who is certified by the
American board of
pediatrics,
American osteopathic board of pediatrics, or American
board of emergency medicine, is sub-boarded in pediatric emergency
medicine,
actively practices pediatric emergency
medicine, and is
actively involved in emergency medical
services, appointed from
among three persons nominated by the
Ohio chapter of the
American
academy of
pediatrics, three persons
nominated by the Ohio chapter
of the American college of
emergency
physicians, and three persons
nominated by the Ohio osteopathic
association; (10) A physician who is certified by the
American board of
surgery,
American osteopathic board of
surgery, or American board
of emergency medicine and is
the chief medical officer of an air
medical organization,
appointed from among three persons nominated
by the
Ohio association of air medical
services; (11) A coroner or medical examiner appointed from among
three people
nominated by the
Ohio state coroners' association; (12) A registered nurse who actively practices trauma
nursing at an adult or pediatric trauma center, appointed from
among three
persons
nominated by the Ohio
association of trauma
nurse coordinators; (13) A registered nurse who actively practices emergency
nursing and is actively involved in emergency medical services,
appointed from among three persons nominated by the
Ohio chapter
of the emergency
nurses' association; (14) The chief trauma registrar of an adult or pediatric
trauma center,
appointed from among three persons nominated by the
alliance of
Ohio trauma registrars; (15) The administrator of an adult or pediatric trauma
center,
appointed from among three persons nominated by OHA: the
association for hospitals and health systems, three persons
nominated by
the Ohio osteopathic association, three persons
nominated
by the association of Ohio children's hospitals, and
three persons
nominated by the health forum of Ohio; (16) The administrator of a hospital that is not a trauma
center
and actively provides emergency care to adult or pediatric
trauma
patients, appointed from among three persons nominated by
OHA:
the association for hospitals and health systems, three
persons nominated
by the Ohio osteopathic association, three
persons
nominated by the association of Ohio children's hospitals,
and
three persons nominated by the health forum of Ohio; (17) The operator of an ambulance company that actively
provides trauma care to emergency patients, appointed from among
three persons nominated by the
Ohio ambulance
association; (18) The chief of a fire department that actively provides
trauma care to emergency patients, appointed from among
three
persons nominated by the
Ohio fire chiefs'
association; (19) An EMT or paramedic
who is certified under this
chapter
and actively provides
trauma care to emergency patients, appointed
from among three
persons nominated by the Ohio
association of
professional firefighters, three persons
nominated by the northern
Ohio
fire fighters, three persons nominated by the
Ohio state
firefighters'
association, and three persons nominated by the
Ohio
association of emergency
medical services; (20) A person who actively advocates for trauma victims,
appointed from three persons nominated by the Ohio brain injury
association
and three persons nominated by the governor's council
on people with
disabilities; (21) A physician or nurse who has substantial administrative
responsibility for trauma care provided in or by an adult or
pediatric
trauma center, appointed from among three persons
nominated by
OHA: the association for hospitals and health
systems, three
persons nominated by the Ohio osteopathic
association, three
persons nominated by the association of Ohio
children's hospitals,
and three persons nominated by the health
forum of Ohio; (22) Three representatives of hospitals that are not trauma
centers and
actively provide emergency care to trauma patients,
appointed from among three
persons
nominated by OHA: the
association for hospitals and health
systems, three persons
nominated by the Ohio osteopathic
association, three persons
nominated by the association of Ohio
children's hospitals, and
three persons nominated by the health forum of
Ohio. The
representatives may be hospital administrators, physicians,
nurses, or other
clinical professionals. Members of the committee shall have substantial experience
in
the categories they represent, shall be residents of this state,
and may be members of the state board of emergency medical
services. In appointing members of the committee, the director
shall attempt to include members representing urban and rural
areas,
various geographical areas of the state, and various
schools of training. The
director shall not
appoint to the
committee more than one member who is employed by
or practices at
the same hospital, health system, or emergency
medical service
organization.
The director may refuse to appoint any of the persons
nominated by an organization or organizations under this
division.
In that event, the organization or organizations
shall continue to
nominate the required number of persons until
the director
appoints to the committee one or more of the
persons nominated by
the organization or organizations. Initial appointments to the committee shall be made by the
director not later than ninety days after November 3, 2000.
Members of the
committee shall serve at the
pleasure of the
director, except that any member of the committee
who ceases to be
qualified for the position to which the member
was appointed shall
cease to be a member of the committee.
Vacancies on the committee
shall be filled in the same manner as
original appointments.
The members of the committee shall serve without
compensation
but shall be reimbursed for actual and necessary
expenses incurred
in carrying out duties as members of the
committee. The committee shall select a chairperson and vice-chairperson
from among
its members. A majority of all members of the
committee shall
constitute a quorum. No action shall be taken
without the
concurrence of a majority of all members of the
committee. The
committee shall meet at the call of the chair,
upon written
request of five members of the committee, and at the
direction
of the state board of emergency medical services. The
committee
shall not meet at times or locations that conflict with
meetings
of the board. The executive director and medical
director of
the state board of emergency medical services may
participate in any
meeting of the committee and shall do so at the
request of the
committee.
The committee shall advise and assist the state board of
emergency medical services in matters
related to adult and
pediatric trauma care and the establishment and operation
of
the
state trauma registry. In matters relating to the state
trauma
registry, the board and the committee shall consult with
trauma
registrars from adult and pediatric trauma centers in the state.
The
committee may
appoint a subcommittee to advise and assist
with
the trauma registry. The subcommittee may include persons
with
expertise relevant to the trauma registry who are not
members of
the board or committee.
(C) The state board of emergency
medical services may
appoint other committees and subcommittees
as it considers
necessary. (D) The state board of emergency
medical services, and any
of its committees or subcommittees,
may request assistance from
any state agency. The board and its
committees and subcommittees
may permit persons who are not
members of those bodies to
participate in deliberations of those
bodies, but no person who is
not a member of the board shall
vote on the board and no person
who is not a member of a
committee created under division
(A) or
(B) of this section shall vote
on that committee. (E) Sections 101.82 to 101.87 of the
Revised Code do not
apply to the committees
established under division (A) or (B) of
this section.
Sec. 4765.49. (A) A first responder, emergency
medical
technician-basic, emergency medical technician-intermediate, or
emergency medical technician-paramedic is not liable in
damages in
a civil action for injury, death, or loss to person or property
resulting from the individual's administration of emergency
medical services,
unless the services are administered
in a manner
that constitutes willful or wanton misconduct. A
physician or
registered nurse designated by a physician, who is
advising or
assisting in the emergency medical services by means
of any
communication device or telemetering system, is not liable
in
damages in a civil action for injury, death, or loss to person
or
property resulting from the individual's advisory communication
or
assistance, unless the advisory communication or assistance is
provided in a manner that constitutes willful or wanton
misconduct. Medical directors and members of cooperating
physician advisory boards of emergency medical service
organizations are not liable in damages in a civil action for
injury, death, or loss to person or property resulting from their
acts or omissions in the performance of their duties, unless
the
act or omission constitutes willful or wanton misconduct. (B) A political subdivision, joint ambulance district, joint
emergency
medical services district, or
other public agency, and
any officer or employee of a public
agency or of a private
organization operating under contract or
in joint agreement with
one or more political subdivisions, that
provides emergency
medical services, or that enters into a joint
agreement or a
contract with the state, any political
subdivision, joint
ambulance district, or joint emergency medical
services district
for the provision of
emergency medical services, is not liable in
damages in a civil
action for injury, death, or loss to person or
property arising
out of any actions taken by a first responder,
EMT-basic, EMT-I, or paramedic working under the officer's
or
employee's jurisdiction, or for
injury, death, or loss to person
or property arising out of any
actions of licensed medical
personnel advising or assisting the
first responder, EMT-basic,
EMT-I, or
paramedic, unless the services are provided in a manner
that constitutes
willful or wanton misconduct. (C) A student who is enrolled in an emergency medical
services training program accredited under section 4765.17 of the
Revised Code or an emergency medical services continuing
education
program approved under that section is not liable in
damages in a
civil action for injury, death, or loss to person or
property
resulting from either of the following: (1) The student's administration of emergency medical
services or patient care or treatment, if the services, care, or
treatment is administered while the student is under the direct
supervision and in the immediate presence of an
EMT-basic, EMT-I,
paramedic, registered nurse, or physician and while the student
is
receiving clinical training that is required by the program,
unless the services, care, or treatment is provided in a manner
that constitutes willful or wanton misconduct; (2) The student's training as an ambulance driver, unless
the driving is done in a manner that constitutes willful or
wanton
misconduct. (D) An EMT-basic, EMT-I, paramedic, or other operator, who
holds a valid commercial driver's license issued pursuant to
Chapter 4506. of the Revised Code or driver's license issued
pursuant to Chapter 4507. of the Revised Code and who is employed
by an emergency medical service organization that is not owned or
operated by a political subdivision as defined in section 2744.01
of the Revised Code, is not liable in damages in a civil action
for injury, death, or loss to person or property that is caused
by
the operation of an ambulance by the EMT-basic, EMT-I,
paramedic,
or other operator while responding to or completing a call for
emergency medical services, unless the operation constitutes
willful or wanton misconduct or does not comply with the
precautions of section 4511.03 of the Revised Code. An emergency
medical service organization is not liable in damages in a civil
action for any injury, death, or loss to person or property that
is caused by the operation of an ambulance by its employee or
agent, if this division grants the employee or agent immunity
from
civil liability for the injury, death, or loss. (E) An employee or agent of an emergency medical service
organization who receives requests for emergency medical services
that are directed to the organization, dispatches first
responders, EMTs-basic, EMTs-I, or paramedics in
response to
those requests, communicates
those requests to those
employees or
agents of the organization who are authorized to
dispatch first
responders, EMTs-basic, EMTs-I, or paramedics, or
performs any combination of these functions for the organization,
is not
liable in damages in a civil action for
injury, death, or
loss to person or property resulting from the
individual's acts or
omissions in the performance of those duties for the
organization,
unless an act or omission constitutes willful or
wanton
misconduct. (F) A person who is performing the functions of a first
responder, EMT-basic, EMT-I, or paramedic under the
authority of
the laws of a
state that borders this state and who provides
emergency medical
services to or transportation of a patient in
this state is not
liable in damages in a civil action for injury,
death, or loss to
person or property resulting from the person's
administration of emergency
medical services, unless the services
are administered in a
manner that constitutes willful or wanton
misconduct. A
physician or registered nurse designated by a
physician, who is
licensed to practice in the adjoining state and
who is advising
or assisting in the emergency medical services by
means of any
communication device or telemetering system is not
liable in
damages in a civil action for injury, death, or loss to
person or
property resulting from the person's advisory
communication or
assistance, unless the advisory communication or
assistance is provided in a
manner that constitutes willful or
wanton misconduct. (G) A person certified under section 4765.23 of the
Revised
Code to teach in an emergency medical services training
program or
emergency medical services continuing education
program, and a
person who teaches at the Ohio fire academy established under
section 3737.33 of the Revised Code or in a fire service training
program described in division (B)(A) of section 4765.55 of the
Revised Code, is not liable in damages in a civil action for
injury,
death, or loss to person or property resulting from the
person's
acts or omissions in the performance of the person's
duties, unless an act or
omission constitutes willful or wanton
misconduct. (H) In the accreditation of emergency medical services
training programs or approval of emergency medical services
continuing education programs, the state board of emergency
medical services and any person or entity authorized by the board
to evaluate applications for accreditation or approval are not
liable in damages in a civil action for injury, death, or loss to
person or property resulting from their acts or omissions in the
performance of their duties, unless an act or omission
constitutes
willful or wanton misconduct. (I) A person authorized by an emergency medical service
organization to review the performance of first responders,
EMTs-basic, EMTs-I, and paramedics or to administer quality
assurance programs is not
liable in damages in a civil action for
injury, death, or loss to
person or property resulting from the
person's acts or omissions in
the performance of the person's
duties, unless an act or omission constitutes
willful or wanton
misconduct.
Sec. 4765.55. (A) This section does not apply to a
cooperative education school district. (B) The executive director of the state board of emergency
medical services shall, with the advice and counsel of the
firefighter and fire safety inspector training
committee of the state board of emergency medical
services, shall assist in the
establishment and maintenance by any state agency, or any county,
township, city, village, school district, or educational service center of a
fire service training program for the training of all paid and persons in positions of any fire training certification level approved by the executive director, including full-time paid firefighters, part-time paid firefighters, volunteer
firefighters and, fire safety inspectors in this state. The executive
director, with the advice and counsel of the
committee, shall adopt standards rules to regulate such those firefighter and
fire safety
inspector training programs, and other training programs approved by the executive director. The standards rules may include, but need not be
limited to, provisions for minimum courses of study training curriculum, certification examinations, training schedules, minimum
hours of instruction, attendance requirements, required equipment
and facilities, qualifications of instructors, basic physical requirements, and
methods of training for all persons in positions of any fire training certification level approved by the executive director, including full-time paid firefighters, part-time paid firefighters, volunteer firefighters, and fire safety
inspectors, and training schedules. The standards rules adopted to
regulate training programs for volunteer firefighters shall not
require more than thirty-six hours of training. The
The executive
director, with the advice and counsel of the
committee, shall
provide for the classification and chartering of such fire service training
programs in accordance with rules adopted under division (B) of this section, and may revoke take action against any charter chartered training program or applicant, in accordance with rules adopted under divisions (B)(4) and (5) of this section, for failure to meet
standards set by the adopted rules. (C)(B) The executive director, with the advice and counsel of the firefighter and fire safety inspector training committee of the state board of emergency medical services, shall adopt, and may amend or rescind, rules under Chapter 119. of the Revised Code that establish all of the following:
(1) Requirements for, and procedures for chartering, the training programs regulated by this section;
(2) Requirements for, and requirements and procedures for obtaining and renewing, an instructor certificate to teach the training programs and continuing education classes regulated by this section;
(3) Requirements for, and requirements and procedures for obtaining and renewing, any of the fire training certificates regulated by this section;
(4) Grounds and procedures for suspending, revoking, restricting, or refusing to issue or renew any of the certificates or charters regulated by this section, which grounds shall be limited to one of the following:
(a) Failure to satisfy the education or training requirements of this section;
(b) Conviction of a felony offense;
(c) Conviction of a misdemeanor involving moral turpitude;
(d) Conviction of a misdemeanor committed in the course of practice;
(e) In the case of a chartered training program or applicant, failure to meet standards set by the rules adopted under this division.
(5) Grounds and procedures for imposing and collecting fines, not to exceed one thousand dollars, in relation to actions taken under division (B)(4) of this section against persons holding certificates and charters regulated by this section, the fines to be deposited into the trauma and emergency medical services fund established under section 4513.263 of the Revised Code;
(6) Continuing education requirements for certificate holders, including a requirement that credit shall be granted for in-service training programs conducted by local entities;
(7) Procedures for considering the granting of an extension or exemption of fire service continuing education requirements;
(8) Certification cycles for which the certificates and charters regulated by this section are valid.
(C) The executive director, with the advice and counsel of the firefighter and fire safety inspector training committee of the state board of emergency medical services, shall issue or renew an instructor certificate to teach the training programs and continuing education classes regulated by this section to any applicant that the executive director determines meets the qualifications established in rules adopted under division (B) of this section, and may take disciplinary action against an instructor certificate holder or applicant in accordance with rules adopted under division (B) of this section. The executive director, with the advice and counsel of the committee, shall charter or renew the charter of any training program that the executive director determines meets the qualifications established in rules adopted under division (B) of this section, and may take disciplinary action against the holder of a charter in accordance with rules adopted under division (B) of this section.
(D) The executive director shall issue or renew a fire training certificate for a firefighter, a fire safety inspector, or another position of any fire training certification level approved by the executive director, to any applicant that the executive director determines meets the qualifications established in rules adopted under division (B) of this section and may take disciplinary actions against a certificate holder or applicant in accordance with rules adopted under division (B) of this section.
(E) Certificates issued under this division section shall be on a form prescribed
by the executive director, with the advice and counsel of the
firefighter and fire safety inspector training committee
of the state board of emergency medical services. (1) The executive director shall
issue a certificate to each person satisfactorily completing a chartered
training program.
(2)(F)(1) The executive director, with the committee's
advice and counsel of the firefighter and fire safety inspector training committee of the state board of emergency medical services, shall
establish criteria for evaluating the standards maintained by other states and
the branches of the United States military for
firefighter, fire safety inspector, and fire instructor training programs, and other training programs recognized by the executive director, to determine whether the standards
are equivalent to those established under this section and shall establish
requirements and procedures for issuing a certificate to each person who
presents proof to the executive director of having
satisfactorily completed a training program that meets those standards.
(3)(2) The executive director, with the committee's
advice and counsel,
shall establish adopt rules establishing requirements and procedures for issuing a fire training certificate in lieu
of completing a chartered firefighter training program to any person
requesting a certificate who began serving as a permanent
full-time paid firefighter with the fire department of a city or
village prior to July 2, 1970, or as a volunteer firefighter with the fire
department of a township, fire district, city, or village prior to July 2,
1979.
(D)(G) Nothing in this section invalidates any
other section of the Revised Code
relating to the fire training academy. Section 4765.11 of the Revised Code does not affect any powers and duties granted to the executive director under this section.
Section 2. That existing sections 505.38, 737.08, 737.22, 3737.66, 4765.01, 4765.04, 4765.49, and 4765.55 of the Revised Code are hereby repealed.
Section 3. The Executive Director of the State Board of Emergency Medical Services shall adopt the rules required by this act within twelve months after the act's effective date. The Executive Director shall phase in the renewal of current certificates over a twelve-month period following the rules' effective date in accordance with a schedule determined by the Executive Director.
Section 4. Section 505.38 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. H.B. 515 and Sub. S.B. 245 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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