130th Ohio General Assembly
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H. B. No. 166  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 166


Representative Phillips 

Cosponsors: Representatives Murray, Carey, Garland, Clyde 



A BILL
To amend sections 4765.30 and 4765.55 of the Revised Code to require the State Board of Emergency Medical Services to notify EMS and firefighter personnel in writing when their certifications are due for renewal.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4765.30 and 4765.55 of the Revised Code be amended to read as follows:
Sec. 4765.30.  (A)(1) The state board of emergency medical services shall issue a certificate to practice as a first responder to an applicant who meets all of the following conditions:
(a) Except as provided in division (A)(2) of this section, is a volunteer for a nonprofit emergency medical service organization or a nonprofit fire department;
(b) Holds the appropriate certificate of completion issued in accordance with section 4765.24 of the Revised Code;
(c) Passes the appropriate examination conducted under section 4765.29 of the Revised Code;
(d) Is not in violation of any provision of this chapter or the rules adopted under it;
(e) Meets any other certification requirements established in rules adopted under section 4765.11 of the Revised Code.
(2) The board may waive the requirement to be a volunteer for a nonprofit entity if the applicant meets other requirements established in rules adopted under division (B)(3) of section 4765.11 of the Revised Code relative to a person's eligibility to practice as a first responder.
(B) The state board of emergency medical services shall issue a certificate to practice as an emergency medical technician-basic to an applicant who meets all of the following conditions:
(1) Holds a certificate of completion in emergency medical services training-basic issued in accordance with section 4765.24 of the Revised Code;
(2) Passes the examination for emergency medical technicians-basic conducted under section 4765.29 of the Revised Code;
(3) Is not in violation of any provision of this chapter or the rules adopted under it;
(4) Meets any other certification requirements established in rules adopted under section 4765.11 of the Revised Code.
(C) The state board of emergency medical services shall issue a certificate to practice as an emergency medical technician-intermediate or emergency medical technician-paramedic to an applicant who meets all of the following conditions:
(1) Holds a certificate to practice as an emergency medical technician-basic;
(2) Holds the appropriate certificate of completion issued in accordance with section 4765.24 of the Revised Code;
(3) Passes the appropriate examination conducted under section 4765.29 of the Revised Code;
(4) Is not in violation of any provision of this chapter or the rules adopted under it;
(5) Meets any other certification requirements established in rules adopted under section 4765.11 of the Revised Code.
(D) A certificate to practice shall have a certification cycle established by the board and may be renewed by the board pursuant to rules adopted under section 4765.11 of the Revised Code. Not later than sixty days prior to the expiration date of an individual's certificate to practice, the board shall notify the individual of the scheduled expiration by mailing a written notification to the individual at the individual's residence.
An application for renewal shall be accompanied by the appropriate renewal fee established in rules adopted under section 4765.11 of the Revised Code, unless the board waives the fee on determining pursuant to those rules that the applicant cannot afford to pay the fee. Except as provided in division (B) of section 4765.31 of the Revised Code, the application shall include evidence of either of the following:
(1) That the applicant received a certificate of completion from the appropriate emergency medical services continuing education program pursuant to section 4765.24 of the Revised Code;
(2) That the applicant has successfully passed an examination that demonstrates the competence to have a certificate renewed without completing an emergency medical services continuing education program. The board shall approve such examinations in accordance with rules adopted under section 4765.11 of the Revised Code.
(E) The board shall not require an applicant for renewal of a certificate to practice to take an examination as a condition of renewing the certificate. This division does not preclude the use of examinations by operators of approved emergency medical services continuing education programs as a condition for issuance of a certificate of completion in emergency medical services continuing education.
Sec. 4765.55.  (A) The executive director of the state board of emergency medical services, 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 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 rules to regulate those firefighter and fire safety inspector training programs, and other training programs approved by the executive director. The rules may include, but need not be limited to, training curriculum, certification examinations, training schedules, minimum hours of instruction, attendance requirements, required equipment and facilities, 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. The rules adopted to regulate training programs for volunteer firefighters shall not require more than thirty-six hours of training.
The executive director, with the advice and counsel of the committee, shall provide for the classification and chartering of fire service training programs in accordance with rules adopted under division (B) of this section, and may take action against any chartered training program or applicant, in accordance with rules adopted under divisions (B)(4)(5) and (5)(6) of this section, for failure to meet standards set by the adopted rules.
(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)(a) A requirement that the board mail written notification to an individual at the individual's residence not later than sixty days prior to the expiration date of the individual's fire training certificate;
(b) A requirement that the board annually mail to the chief of each fire department in the state, a list of fire training certificate expiration dates for each individual providing fire-fighting services in that department. As used in this division, "fire department" has the meaning defined in section 146.01 of the Revised Code.
(5) 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)(6) Grounds and procedures for imposing and collecting fines, not to exceed one thousand dollars, in relation to actions taken under division (B)(4)(5) 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)(7) Continuing education requirements for certificate holders, including a requirement that credit shall be granted for in-service training programs conducted by local entities;
(7)(8) Procedures for considering the granting of an extension or exemption of fire service continuing education requirements;
(8)(9) 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 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.
(F)(1) 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 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.
(2) The executive director, with the committee's advice and counsel, shall adopt rules establishing requirements and procedures for issuing a fire training certificate in lieu of completing a chartered training program.
(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 4765.30 and 4765.55 of the Revised Code are hereby repealed.
Section 3. A volunteer firefighter whose fire training certificate expired, who did not renew the certificate, and who meets all of the following criteria is entitled to apply for and obtain a fire training certificate in the same manner, and by meeting the same requirements, as if the firefighter had applied for renewal of the certificate before its expiration:
(1) The firefighter is a "volunteer firefighter" as defined in section 4765.01 of the Revised Code;
(2) The firefighter received a certificate under former section 3303.07 or section 4765.55 of the Revised Code;
(3) The firefighter was a duly appointed member of a fire department; and
(4) The firefighter has provided to the Executive Director of the State Board of Emergency Medical Services an affidavit stating that the firefighter did not renew the firefighter's fire training certificate because the firefighter was unaware of the requirement to do so that was established by rule pursuant to Sub. H.B. 401 of the 126th General Assembly.
This section expires six months after its effective date.
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