130th Ohio General Assembly
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H. B. No. 128  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 128


Representatives Carey, Peterson 

Cosponsors: Representatives Balderson, Combs, Kozlowski, Slaby, Hollington, Maag, Antonio, Boose, Grossman, Derickson, Amstutz 



A BILL
To amend sections 4765.07, 4765.43, and 4766.03 and to repeal section 4765.431 of the Revised Code to revise the requirements for staffing ambulances and the priorities for distributing grants for emergency medical services.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 4765.07, 4765.43, and 4766.03 of the Revised Code be amended to read as follows:
Sec. 4765.07.  (A) The state board of emergency medical services shall adopt rules under section 4765.11 of the Revised Code to establish and administer a grant program under which grants are distributed according to the following priorities:
(1) First priority shall be given to emergency medical service organizations for the training of personnel, for the purchase of equipment and vehicles, and to improve the availability, accessibility, and quality of emergency medical services in this state. In this category, the board shall give priority to grants that fund training and equipping of emergency medical service personnel.
(2) Second priority shall be given to entities that research, test, and evaluate medical procedures and systems related to adult and pediatric trauma care.
(3) Third priority shall be given to entities that research the causes, nature, and effects of traumatic injuries, educate the public about injury prevention, and implement, test, and evaluate injury prevention strategies.
(3) Third (4) Fourth priority shall be given to entities that research, test, and evaluate procedures that promote the rehabilitation, retraining, and reemployment of adult or pediatric trauma victims and social service support mechanisms for adult or pediatric trauma victims and their families.
(4) Fourth (5) Fifth priority shall be given to entities that research, test, and evaluate medical procedures related to adult and pediatric trauma care conduct research on, test, or evaluate one or more of the following:
(a) Procedures governing the performance of emergency medical services in this state;
(b) The training of emergency medical service personnel;
(c) The staffing of emergency medical service organizations.
(6) For grants distributed for the grant award years occurring not later than the award year ending June 30, 2017, sixth priority shall be given to entities that operate paramedic training programs and are seeking national accreditation of the programs.
(B) To be eligible for a grant distributed pursuant to division (A)(6) of this section, an applicant for the grant shall meet all of the following conditions:
(1) Hold a certificate of accreditation issued by the board under section 4765.17 of the Revised Code to operate a paramedic training program;
(2) Be seeking initial national accreditation of the program from an accrediting organization approved by the board;
(3) Apply for the national accreditation on or after February 25, 2010.
(C) The grant program shall be funded from the trauma and emergency medical services grants fund created by section 4513.263 of the Revised Code.
Sec. 4765.43.  (A) A person who drives an ambulance that is equipped for emergency medical services, is not required by this chapter to be certified as an emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic.
(B)(1) During each emergency run made by an ambulance that is equipped for emergency medical services and is operated by an emergency medical service organization that does not utilize any volunteer emergency medical service providers or does not substantially utilize those providers During each emergency run made by an ambulance that is equipped for emergency medical services, the emergency medical service organization operating the ambulance shall staff the ambulance in accordance with this section.
For purposes of determining the applicable staffing requirements, both of the following apply:
(1) An emergency run consists of components that are distinguished between the period during which the ambulance is traveling to the scene of an emergency and, if applicable, the period during which the ambulance is transporting a patient from the scene of the emergency.
(2) In the case of an emergency medical service organization that utilizes a combination of volunteer and paid first responders, emergency medical service technicians-basic, emergency medical service technicians-intermediate, or emergency medical service technicians-paramedic, the organization is considered to be substantially utilizing volunteers in a particular week when the paid individuals, taken as a whole, are scheduled for a total of not more than one hundred sixty-eight hours in that week.
(B) With respect to the driver of an ambulance during an emergency run, both of the following apply:
(1) The driver must be at least eighteen years of age.
(2) The driver must hold a certificate issued under section 4765.30 of the Revised Code to practice as a first responder, EMT-basic, EMT-I, or paramedic or a fire training certificate issued pursuant to section 4765.55 of the Revised Code to provide services as a firefighter.
(C) With respect to the component of an emergency run during which the ambulance is traveling to the scene of the emergency, the ambulance shall be staffed by at least one EMT-basic, EMT-I, or paramedic. This individual may serve as the driver.
(D) With respect to the component of an emergency run during which a patient is being transported, the ambulance shall be staffed as follows:
(1) If the emergency medical service organization utilizes only paid individuals or utilizes volunteers on a basis that is not considered to be substantially utilizing volunteers, the ambulance shall be staffed by at least two EMTs-basic, EMTs-I, or paramedics. When an ambulance is so staffed, it may be driven by a person who is not certified as an EMT-basic, EMT-I, or paramedic One of these individuals may serve as the driver.
(2) During each emergency run made by an ambulance that is equipped for emergency medical services and is operated by an If the emergency medical service organization that is substantially utilizes volunteer emergency medical service providers utilizing volunteers or utilizes only volunteers, the ambulance shall be staffed by at least two EMTs-basic, EMTs-I, or paramedics or by at least one first responder and one EMT-basic, EMT-I, or paramedic. When an ambulance is so staffed, it may be driven by a person who is not certified as a first responder, EMT-basic, EMT-I, or paramedic. If circumstances so require, an ambulance that is staffed by only one first responder and one EMT-basic, EMT-I, or paramedic may be driven by the first responder who is staffing the ambulance with the EMT-basic, EMT-I, or paramedic One of these individuals may serve as the driver, but if the staffing requirement is being met by utilizing a first responder, the first responder shall serve as the driver.
(C) For purposes of division (B) of this section, an emergency medical service organization substantially utilizes volunteer emergency medical service providers if, on any given date, for the six-month period immediately prior to that date, the organization's daily average number of hours during which the organization used only volunteer first responders, volunteer EMTs-basic, volunteer EMTs-I, or volunteer paramedics, or a combination of such volunteers, was fifty per cent or more of the daily average number of hours that the organization made emergency medical services available to the public.
Sec. 4766.03.  (A) The Ohio 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, advanced life-support, or mobile intensive care unit organization;
(3) Requirements for a nonemergency medical service organization to receive a permit for an ambulette vehicle;
(4) Requirements for a nonemergency 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;
(8) Requirements for record keeping of service responses made by licensed emergency medical service organizations;
(9) Fee amounts for licenses and permits, and their renewals;
(10) Inspection requirements for licensees' vehicles or aircraft, records, and physical facilities;
(11) Fee amounts for inspections of ambulances, ambulettes, rotorcraft air ambulances, fixed wing air ambulances, and nontransport vehicles;
(12) Requirements for ambulances and nontransport vehicles used by licensed emergency medical service organizations, for ambulette vehicles used by licensed nonemergency 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;
(13) The level of care each type of emergency medical service organization, nonemergency medical service organization, and air medical service organization is authorized to provide;
(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)(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, 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, stair chairs, 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.
Section 2.  That existing sections 4765.07, 4765.43, and 4766.03 and section 4765.431 of the Revised Code are hereby repealed.
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