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Sub. H. B. No. 532 As Passed by the HouseAs Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Kozlowski, Gonzales
Cosponsors:
Representatives Henne, Gardner, Derickson, Adams, J., Bubp, Pillich, Garland, Grossman, Sears, Szollosi, Hottinger, Buchy, Fende, Wachtmann, Lundy, Ruhl, Yuko, Reece, Dovilla, Boose, Conditt, Stebelton, Maag, Young, Goodwin, Johnson, Landis, Butler, Fedor, Hagan, C., Martin, Milkovich, Rosenberger, Amstutz, Adams, R., Anielski, Antonio, Ashford, Baker, Beck, Blair, Blessing, Boyce, Brenner, Budish, DeVitis, Duffey, Gerberry, Hackett, Hall, Hayes, Hill, Huffman, Letson, Lynch, McClain, Murray, Newbold, O'Brien, Okey, Patmon, Phillips, Roegner, Slesnick, Smith, Sprague, Stautberg, Terhar, Thompson, Uecker Speaker Batchelder
A BILL
To amend sections 307.05, 307.051, 307.055, 505.37,
505.375, 505.44, 505.72, 3354.121, 4503.49,
4513.263, 4743.05, 4765.02, 4765.03, 4765.04,
4765.05, 4765.06, 4765.07, 4765.08, 4765.09,
4765.10, 4765.101, 4765.102, 4765.11, 4765.111,
4765.112, 4765.113, 4765.114, 4765.115, 4765.116,
4765.12, 4765.15, 4765.16, 4765.17, 4765.18,
4765.22, 4765.23, 4765.28, 4765.29, 4765.30,
4765.31, 4765.32, 4765.33, 4765.37, 4765.38,
4765.39, 4765.40, 4765.42, 4765.48, 4765.49,
4765.55, 4765.56, 4766.01, 4766.03, 4766.04,
4766.05, 4766.07, 4766.08, 4766.09, 4766.10,
4766.11, 4766.12, 4766.13, 4766.15, 4766.22,
5502.01, 5709.40, 5709.73, 5709.77, and 5913.11;
and to repeal sections 4766.02 and 4766.20 of the
Revised Code; to amend Section 205.10 of Am. Sub.
H.B. 114 of the 129th General Assembly, as
subsequently amended, to amend Section 335.10 of
Am. Sub. H.B. 153 of the 129th General Assembly,
and to amend Section 707.10 of Am. Sub. H.B. 487
of the 129th General Assembly to revise the Ohio
Military Medal of Distinction law; to rename the
State Board of Emergency Medical Services the
"State Board of Emergency Medical, Fire, and
Transportation Services"; to eliminate the Ohio
Medical Transportation Board and assign its duties
to the renamed State Board of Emergency Medical,
Fire, and Transportation Services; to specify the
membership of the renamed board; to allow certain
community colleges to acquire, construct, and
maintain housing and dining facilities; to specify
that, with respect to tax increment financing
(TIF), the base taxable value of an exempt
improvement is the assessed value of the property
appearing on the most recent tax list compiled
before the TIF legislation takes effect; to expand
the areas for which a municipal corporation in
Stark County may use up to 5% of its water and
sewer funds for sewage or water system extensions
to include areas within a joint economic
development district and areas within the
municipal corporation's boundaries; and to make an
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 307.05, 307.051, 307.055, 505.37,
505.375, 505.44, 505.72, 3354.121, 4503.49, 4513.263, 4743.05,
4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08,
4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112,
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16,
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30,
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40,
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03,
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,
4766.12, 4766.13, 4766.15, 4766.22, 5502.01, 5709.40, 5709.73,
5709.77, and 5913.11 of the Revised Code be amended to read as
follows:
Sec. 307.05. As used in this section, "emergency medical
service organization" has the same meaning as in section 4765.01
of the Revised Code.
A board of county commissioners may operate an ambulance
service organization or emergency medical service organization,
or, in counties with a population of forty thousand or less, may
operate a nonemergency patient transport service organization, or
may enter into a contract with one or more counties, townships,
municipal corporations, nonprofit corporations, joint emergency
medical services districts, fire and ambulance districts, or
private ambulance owners, regardless of whether such counties,
townships, municipal corporations, nonprofit corporations, joint
emergency medical services districts, fire and ambulance
districts, or private ambulance owners are located within or
without the state, in order to furnish or obtain the services of
ambulance service organizations, to furnish or obtain additional
services from ambulance service organizations in times of
emergency, to furnish or obtain the services of emergency medical
service organizations, or, in counties with a population of forty
thousand or less, to furnish or obtain services of nonemergency
patient transport service organizations, or may enter into a
contract with any such entity to furnish or obtain the interchange
of services from ambulance or emergency medical service
organizations, or, within counties with a population of forty
thousand or less, to furnish or obtain the interchange of services
from nonemergency patient transport service organizations, within
the territories of the contracting subdivisions. Except in the
case of a contract with a joint emergency medical services
district to obtain the services of emergency medical service
organizations, such contracts shall not be entered into with a
public agency or nonprofit corporation that receives more than
half of its operating funds from governmental entities with the
intention of directly competing with the operation of other
ambulance service organizations, nonemergency patient transport
service organizations, or emergency medical service organizations
in the county unless the public agency or nonprofit corporation is
awarded the contract after submitting the lowest and best bid to
the board of county commissioners. Any county wishing to commence
operation of a nonemergency patient transport service organization
or wishing to enter into a contract for the first time to furnish
or obtain services from a nonemergency patient transport service
organization on or after March 1, 1993, including a county in
which a private provider has been providing the service, shall
demonstrate the need for public funding for the service to, and
obtain approval from, the state board of emergency medical, fire,
and transportation services or its immediate successor board prior
to operating or funding the organization.
When such an organization is operated by the board, the
organization may be administered by the board, by the county
sheriff, or by another county officer or employee designated by
the board. All rules, including the determining of reasonable
rates, necessary for the establishment, operation, and maintenance
of such an organization shall be adopted by the board.
A contract for services of an ambulance service, nonemergency
patient transport service, or emergency medical service
organization shall include the terms, conditions, and stipulations
as agreed to by the parties to the contract. It 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 number of
persons or pieces of apparatus employed, or the elapsed time of
service required in such run, call, or emergency, or any
combination thereof.
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 state board of
emergency medical, fire, and transportation board services 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 state board of emergency
medical, fire, and transportation board services.
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) Except in the case of a contract with a board of county
commissioners for the provision of services of an emergency
medical service organization, 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 state board of
emergency medical, fire, and transportation board services 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 state board
of emergency medical, fire, and transportation board services.
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 504. of the
Revised Code, with the approval of the specifications by the
township's law director, purchase, lease, lease with an option to
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, lease with an option to purchase, 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.
When the estimated cost to purchase fire apparatus,
mechanical resuscitators, other equipment, appliances, materials,
fire hydrants, buildings, or fire-alarm communications equipment
or services exceeds fifty thousand dollars, the contract shall be
let by competitive bidding. When competitive bidding is required,
the board shall advertise once a week for not less than two
consecutive weeks in a newspaper of general circulation within the
township. The board may also cause notice to be inserted in trade
papers or other publications designated by it or to be distributed
by electronic means, including posting the notice on the board's
internet web site. If the board posts the notice on its web site,
it may eliminate the second notice otherwise required to be
published in a newspaper of general circulation within the
township, provided that the first notice published in such
newspaper meets all of the following requirements:
(1) It is published at least two weeks before the opening of
bids.
(2) It includes a statement that the notice is posted on the
board's internet web site.
(3) It includes the internet address of the board's internet
web site.
(4) It includes instructions describing how the notice may be
accessed on the board's internet web site.
The advertisement shall include the time, date, and place
where the clerk of the township, or the clerk's designee, will
read bids publicly. The time, date, and place of bid openings may
be extended to a later date by the board of township trustees,
provided that written or oral notice of the change shall be given
to all persons who have received or requested specifications not
later than ninety-six hours prior to the original time and date
fixed for the opening. The board may reject all the bids or accept
the lowest and best bid, provided that the successful bidder meets
the requirements of section 153.54 of the Revised Code when the
contract is for the construction, demolition, alteration, repair,
or reconstruction of an improvement.
(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 of these, may, through
joint action, unite in the joint purchase, lease, lease with an
option to 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, lease, lease
with an option to 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, lease, or lease with an option
to 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 fiscal officer, fire
district clerk, 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.
Section 505.40 of the Revised Code does not apply to any
securities issued, or any lease with an option to purchase entered
into, in accordance with this division.
(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 state board of emergency
medical, fire, and transportation board services 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. A board of township trustees, by adoption of an
appropriate resolution, may remove its emergency medical service
organization from the jurisdiction of the Ohio state board of
emergency medical, fire, and transportation board
services.
Sec. 505.375. (A)(1)(a) The boards of township trustees of
one or more townships and the legislative authorities of one or
more municipal corporations, or the legislative authorities of two
or more municipal corporations, or the boards of township trustees
of two or more townships, may negotiate an agreement to form a
fire and ambulance district for the delivery of both fire and
ambulance services. The agreement shall be ratified by the
adoption of a joint resolution by a majority of the members of
each board of township trustees involved and a majority of the
members of the legislative authority of each municipal corporation
involved. The joint resolution shall specify a date on which the
fire and ambulance district shall come into being.
(b) If a joint fire district created under section 505.371 of
the Revised Code or a joint ambulance district created under
section 505.71 of the Revised Code is dissolved to facilitate the
creation of a fire and ambulance district under division (A)(1)(a)
of this section, the townships and municipal corporations forming
the fire and ambulance district may transfer to the fire and
ambulance district any of the funds on hand, moneys and taxes in
the process of collection, credits, and real and personal property
apportioned to them under division (D) of section 505.371 of the
Revised Code or section 505.71 of the Revised Code, as applicable,
for use by the fire and ambulance district in accordance with this
section.
(2)(a) The board of trustees of a joint ambulance district
created under section 505.71 of the Revised Code and the board of
fire district trustees of a joint fire district created under
section 505.371 of the Revised Code may negotiate to combine their
two joint districts into a single 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.
(b) 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 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)(1) The governing body of a fire and ambulance district
created under division (A)(1) or (2) of this section 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 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.
(2) 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 also shall provide for the appointment of a fiscal
officer for the district and may 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.
(3) 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 those sections, 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.
(4) 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 state board of emergency medical,
fire, and transportation board services 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 remove,
by resolution, its emergency medical service organization from the
jurisdiction of the Ohio state board of emergency medical, fire,
and transportation board services.
(C) The board of trustees of a fire and ambulance district
created under division (A)(1) or (2) of this section 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
firefighting purposes that seems advisable to the board;
(2) Provide for the care and maintenance of equipment and,
for that purpose, purchase, lease, lease with an option to
purchase, 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, lease with an option to purchase,
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, joint ambulance 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, whether created under
division (A)(1) or (2) of this section, by its legislative
authority's adoption of a resolution requesting the membership and
upon approval of the board of trustees of the district. Any
municipal corporation or township may withdraw from a district,
whether created under division (A)(1) or (2) of this section, 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. 505.44. As used in this section:
(A) "Emergency medical service organization" has the same
meaning as in section 4765.01 of the Revised Code.
(B) "State agency" means all departments, boards, offices,
commissions, agencies, colleges, universities, institutions, and
other instrumentalities of this or another state.
In order to obtain the services of ambulance service
organizations, to obtain additional services from ambulance
service organizations in times of emergency, to obtain the
services of emergency medical service organizations, or, if the
township is located in a county with a population of forty
thousand or less, to obtain the services of nonemergency patient
transport service organizations, a township may enter into a
contract with one or more state agencies, townships, municipal
corporations, counties, nonprofit corporations, joint emergency
medical services districts, fire and ambulance districts, or
private ambulance owners, regardless of whether such state
agencies, townships, municipal corporations, counties, nonprofit
corporations, joint emergency medical services districts, fire and
ambulance districts, or private ambulance owners are located
within or outside the state, upon such terms as are agreed to by
them, to furnish or receive services from ambulance or emergency
medical service organizations or, if the township is located in a
county with a population of forty thousand or less, to furnish or
receive services from nonemergency patient transport service
organizations, or may enter into a contract for the interchange of
services from ambulance or emergency medical service organizations
or, if the township is located in a county with a population of
forty thousand or less, the interchange of services from
nonemergency patient transport service organizations, within the
several territories of the contracting parties, if the contract is
first authorized by the respective boards of township trustees,
the other legislative bodies, or the officer or body authorized to
contract on behalf of the state agency. Such contracts shall not
be entered into with a state agency or nonprofit corporation that
receives more than half of its operating funds from governmental
entities with the intention of directly competing with the
operation of other ambulance, emergency medical, or nonemergency
patient transport service organizations in the township unless the
state agency or nonprofit corporation is awarded the contract
after submitting the lowest and best bid to the board of township
trustees.
The contract may provide for compensation upon such terms as
the parties may agree.
Any township wishing to commence providing or wishing to
enter into a contract for the first time to furnish or obtain
services from nonemergency patient transport service organizations
on or after March 1, 1993, including a township in which a private
provider has been providing the service, shall demonstrate the
need for public funding for the service to, and obtain approval
from, the state board of emergency medical, fire, and
transportation services or its immediate successor board prior to
the establishment of a township-operated or township-funded
service.
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 state board of
emergency medical, fire, and transportation board services 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 state board
of emergency medical, fire, and transportation board services.
(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. 3354.121. (A)(1) Each community college district may
acquire, by purchase, lease, lease-purchase, lease with option to
purchase, or otherwise, construct, equip, furnish, reconstruct,
alter, enlarge, remodel, renovate, rehabilitate, improve,
maintain, repair, and operate, and lease to or from others,
auxiliary facilities or education facilities, except housing and
dining facilities, and may pay for the facilities out of available
receipts of such district. To pay all or part of the costs of
auxiliary facilities or education facilities, except housing and
dining facilities, and any combination of them, and to refund
obligations previously issued for such purpose, each community
college district may issue obligations in the manner provided by
and subject to the applicable provisions of section 3345.12 of the
Revised Code.
(2) A community college district that is located within one
mile of a four-year private, nonprofit institution of higher
education in the state may acquire, by purchase, lease,
lease-purchase, lease with option to purchase, or otherwise,
construct, equip, furnish, reconstruct, alter, enlarge, remodel,
renovate, rehabilitate, improve, maintain, repair, and operate,
and lease to or from others, housing and dining facilities, and
may pay for the facilities out of the available receipts of such
district. To pay all or part of the costs of the housing and
dining facilities, and to refund obligations previously issued for
such purpose, the community college district may issue obligations
in the manner provided by and subject to the applicable provisions
of section 3345.12 of the Revised Code.
(B) Except as otherwise provided in this section, the
definitions set forth in section 3345.12 of the Revised Code apply
to this section.
(C) Fee variations provided for in division (G) of section
3354.09 of the Revised Code need not be applied to fees pledged to
secure obligations.
(D) The obligations authorized by this section are not bonded
indebtedness of the community college district, shall not
constitute general obligations or the pledge of the full faith and
credit of such district, and the holders or owners thereof shall
have no right to require the board to levy or collect any taxes
for the payment of bond service charges, but they shall have the
right to payment thereof solely from the available receipts and
funds pledged for such payment as authorized by section 3345.12 of
the Revised Code and this section.
The bond proceedings may provide the method whereby the
general administrative overhead expense of the district shall be
allocated among the several operations and facilities of the
district for purposes of determining any operating and maintenance
expenses payable from the pledged available receipts prior to the
provision for payment of bond service charges, and for other
purposes of the bond proceedings.
(E) The powers granted in this section are in addition to any
other powers at any time granted by the Constitution and laws of
the state, and not in derogation thereof or restrictions thereon.
Sec. 4503.49. (A) As used in this section, "ambulance,"
"ambulette," "emergency medical service organization,"
"nonemergency 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
each private nonemergency 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 state board of
emergency medical, fire, and transportation board services 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.
(6) "Tort action" means a civil action for damages for
injury, death, or loss to person or property. "Tort action"
includes a product liability claim, as defined in section 2307.71
of the Revised Code, and an asbestos claim, as defined in section
2307.91 of the Revised Code, but does not include a civil action
for damages for breach of contract or another agreement between
persons.
(B) No person shall do any of the following:
(1) Operate an automobile on any street or highway unless
that person is wearing all of the available elements of a properly
adjusted occupant restraining device, or operate a school bus that
has an occupant restraining device installed for use in its
operator's seat unless that person is wearing all of the available
elements of the device, as properly adjusted;
(2) Operate an automobile on any street or highway unless
each passenger in the automobile who is subject to the requirement
set forth in division (B)(3) of this section is wearing all of the
available elements of a properly adjusted occupant restraining
device;
(3) Occupy, as a passenger, a seating position on the front
seat of an automobile being operated on any street or highway
unless that person is wearing all of the available elements of a
properly adjusted occupant restraining device;
(4) Operate a taxicab on any street or highway unless all
factory-equipped occupant restraining devices in the taxicab are
maintained in usable form.
(C) Division (B)(3) of this section does not apply to a
person who is required by section 4511.81 of the Revised Code to
be secured in a child restraint device or booster seat. 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
into the state treasury to the credit of the trauma and emergency
medical services fund, which is hereby created. In addition, sixty
cents of each fee collected under sections 4501.34, 4503.26,
4505.14, 4506.08, 4509.05, and 4519.63 of the Revised Code as
specified in those sections, plus the portion of the driver's
license reinstatement fee described in division (F)(2)(g) of
section 4511.191 of the Revised Code, plus all fees collected
under section 4765.11 of the Revised Code, plus all fines imposed
under section 4765.55 of the Revised Code, plus the fees and other
moneys specified in section 4766.05 of the Revised Code, and plus
five per cent of fines and moneys arising from bail forfeitures as
directed by section 5503.04 of the Revised Code, also shall be
deposited into the trauma and emergency medical services fund. All
money deposited into the trauma and emergency medical services
fund shall be used by the department of public safety for the
administration and operation of the division of emergency medical
services and the state board of emergency medical, fire, and
transportation services, and by the state board of emergency
medical, fire, and transportation 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. The
director of budget and management may transfer excess money from
the trauma and emergency medical services fund to the state
highway safety fund if the director of public safety determines
that the amount of money in the trauma and emergency medical
services fund exceeds the amount required to cover such costs
incurred by the emergency medical services agency and the grants
made by the state board of emergency medical, fire, and
transportation services and requests the director of budget and
management to make the transfer.
(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 in violation of
division (B)(1) or (3) of this section or the failure of a person
to ensure that each minor who is a passenger of an automobile
being operated by that person is wearing all of the available
elements of a properly adjusted occupant restraining device in
violation of division (B)(2) of this section shall not be
considered or used by the trier of fact in a tort action as
evidence of negligence or contributory negligence. But, the trier
of fact may determine based on evidence admitted consistent with
the Ohio Rules of Evidence that the failure contributed to the
harm alleged in the tort action and may diminish a recovery of
compensatory damages that represents noneconomic loss, as defined
in section 2307.011 of the Revised Code, in a tort action that
could have been recovered but for the plaintiff's failure to wear
all of the available elements of a properly adjusted occupant
restraining device. Evidence of that failure shall not be used as
a basis for a criminal prosecution of the person other than a
prosecution for a violation of this section; and shall not be
admissible as evidence in a criminal action involving the person
other than a prosecution for a violation of this section.
(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.
(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.
Sec. 4743.05. Except as otherwise provided in sections
4701.20, 4723.062, 4723.082, 4729.65, 4781.121, and 4781.28 of the
Revised Code, all money collected under Chapters 3773., 4701.,
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,
4761., 4766., 4771., 4775., 4779., and 4781. of the Revised Code
shall be paid into the state treasury to the credit of the
occupational licensing and regulatory fund, which is hereby
created for use in administering such chapters.
At the end of each quarter, the director of budget and
management shall transfer from the occupational licensing and
regulatory fund to the nurse education assistance fund created in
section 3333.28 of the Revised Code the amount certified to the
director under division (B) of section 4723.08 of the Revised
Code.
At the end of each quarter, the director shall transfer from
the occupational licensing and regulatory fund to the certified
public accountant education assistance fund created in section
4701.26 of the Revised Code the amount certified to the director
under division (H)(2) of section 4701.10 of the Revised Code.
Sec. 4765.02. (A)(1) There is hereby created the state board
of emergency medical, fire, and transportation services within the
division of emergency medical services of the department of public
safety. The board shall consist of the members specified in this
section who are residents of this state. The governor, with the
advice and consent of the senate, shall appoint all members of the
board, except the employee of the department of public safety
designated by the director of public safety under this section to
be a member of the board. In making the appointments, the governor
shall appoint only members with background or experience in
emergency medical services or trauma care and shall attempt to
include members representing urban and rural areas, various
geographical regions of the state, and various schools of
training.
(2) One member of the board shall be a physician certified by
the American board of emergency medicine or the American
osteopathic board of emergency medicine who is active in the
practice of emergency medicine and is actively involved with an
emergency medical service organization. The governor shall appoint
this member from among three persons nominated by the Ohio chapter
of the American college of emergency physicians and three persons
nominated by the Ohio osteopathic association. One member shall be
a physician certified by the American board of surgery or the
American osteopathic board of surgery who is active in the
practice of trauma surgery and is actively involved with emergency
medical services. The governor shall appoint this member from
among three persons nominated by the Ohio chapter of the American
college of surgeons and three persons nominated by the Ohio
osteopathic association. One member shall be a physician certified
by the American academy of pediatrics or American osteopathic
board of pediatrics who is active in the practice of pediatric
emergency medicine and actively involved with an emergency medical
service organization. The governor shall appoint this member from
among three persons nominated by the Ohio chapter of the American
academy of pediatrics and three persons nominated by the Ohio
osteopathic association. One member shall be the administrator of
an adult or pediatric trauma center. The governor shall appoint
this member from among three persons nominated by the 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. One member
shall be the administrator of a hospital that is not a trauma
center located in this state. The governor shall appoint this
member from among three persons nominated by OHA: the association
for hospitals and health systems, three persons nominated by the
Ohio osteopathic association, and three persons nominated by the
association of Ohio children's hospitals, and three persons
nominated by the health forum of Ohio. One member shall be a
registered nurse with EMS certification who is in the active
practice of emergency nursing performs mobile intensive care or
air medical transport. The governor shall appoint this member from
among three persons nominated by the Ohio nurses association,
three persons nominated by the Ohio association of critical care
transport, and three persons nominated by the Ohio state council
of the emergency nurses association. One member shall be the chief
of a fire department that is also an emergency medical service
organization in which more than fifty per cent of the persons who
provide emergency medical services are full-time paid employees.
The governor shall appoint this member from among three persons
nominated by the Ohio fire chiefs' association. One member shall
be the chief of a fire department that is also an emergency
medical service organization in which more than fifty per cent of
the persons who provide emergency medical services are volunteers.
The governor shall appoint this member from among three persons
nominated by the Ohio fire chiefs' association. One member shall
be a person who is certified to teach under section 4765.23 of the
Revised Code or, if the board has not yet certified persons to
teach under that section, a person who is qualified to be
certified to teach under that section and holds a valid
certificate to practice as an EMT, advanced EMT, or paramedic. The
governor shall appoint this member from among three persons
nominated by the Ohio emergency medical technician instructors
association and the Ohio instructor/coordinators' society. One
member shall be an EMT-basic, one shall be an EMT-I EMT, advanced
EMT, or paramedic, and one member shall be a paramedic. The
governor shall appoint these members from among three EMTs-basic,
three EMTs-I, EMTs or advanced EMTs and three paramedics nominated
by the Ohio association of professional fire fighters
and three
EMTs-basic, three EMTs-I, and three paramedics nominated by the
northern Ohio fire fighters. One member shall be an
EMT-basic,
one shall be an EMT-I EMT, advanced EMT, or paramedic, and one
member shall be a paramedic
whom the. The governor shall appoint
these members from among three EMTs-basic, three EMTs-I, EMTs or
advanced EMTs and three paramedics nominated by the Ohio state
firefighter's association. One member shall be a person whom the
governor shall appoint from among an EMT-basic, an EMT-I, and EMT,
an advanced EMT, or a paramedic nominated by the Ohio association
of emergency medical services or the Ohio ambulance and medical
transportation association. One member shall be an EMT, an
advanced EMT, or a paramedic, whom the governor shall appoint from
among three persons nominated by the Ohio ambulance and medical
transportation association. One member shall be a paramedic, whom
the governor shall appoint from among three persons nominated by
the Ohio ambulance and medical transportation association. The
governor shall appoint one member who is an EMT-basic, EMT-I, or
paramedic affiliated with an emergency medical services
organization. One member shall be a member of the Ohio ambulance
association whom the governor shall appoint from among three
persons nominated by the Ohio ambulance association. One member
shall be a physician certified by the American board of surgery,
American board of osteopathic surgery, American osteopathic board
of emergency medicine, or American board of emergency medicine who
is the chief medical officer of an air medical agency and is
currently active in providing emergency medical services. The
governor shall appoint this member from among three persons
nominated by the Ohio association of air medical services.
One
member shall be the owner or operator of a private emergency
medical service organization whom the governor shall appoint from
among three persons nominated by the Ohio ambulance and medical
transportation association. One member shall be a provider of
mobile intensive care unit transportation in this state whom the
governor shall appoint from among not more than three persons
nominated by both the Ohio association of critical care transport
and the Ohio ambulance and medical transportation association, and
each person nominated shall be a member of both organizations at
the time of nomination. One member shall be a provider of
air-medical transportation in this state whom the governor shall
appoint from among three persons nominated by the Ohio association
of critical care transport. One member shall be the owner or
operator of a nonemergency medical service organization in this
state that provides ambulette services whom the governor shall
appoint from among three persons nominated by the Ohio ambulance
and medical transportation association.
The governor may refuse to appoint any of the persons
nominated by one or more organizations under division (A)(2) of
this section, except the employee of the department of public
safety designated by the director of public safety under this
section to be a member of the board. In that event, the
organization or organizations shall continue to nominate the
required number of persons until the governor appoints to the
board one or more of the persons nominated by the organization or
organizations.
The director of public safety shall designate an employee of
the department of public safety to serve as a member of the board
at the director's pleasure. This member shall serve as a liaison
between the department and the division of emergency medical
services in cooperation with the executive director of the board.
Initial appointments to the board by the governor and the
director of public safety shall be made within ninety days after
November 12, 1992. Of the initial appointments by the governor,
five shall be for terms ending one year after November 12, 1992,
six shall be for terms ending two years after November 12, 1992,
and six shall be for terms ending three years after November 12,
1992. Within ninety days after the effective date of this
amendment, the governor shall appoint the member of the board who
is the chief medical officer of an air medical agency for an
initial term ending November 12, 2000. Thereafter, terms
(B) Terms of office of all members appointed by the governor
shall be for three years, each term ending on the same day of the
same month as did the term it succeeds. Each member shall hold
office from the date of appointment until the end of the term for
which the member was appointed. A member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first.
Each vacancy shall be filled in the same manner as the
original appointment. A member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of the unexpired term.
The term of a member shall expire if the member ceases to
meet any of the requirements to be appointed as that member. The
governor may remove any member from office for neglect of duty,
malfeasance, misfeasance, or nonfeasance, after an adjudication
hearing held in accordance with Chapter 119. of the Revised Code.
(C) The members of the board shall serve without compensation
but shall be reimbursed for their actual and necessary expenses
incurred in carrying out their duties as board members.
(D) The board shall organize by annually selecting a chair
and vice-chair from among its members. The board may adopt bylaws
to regulate its affairs. A majority of all members of the board
shall constitute a quorum. No action shall be taken without the
concurrence of a majority of all members of the board. The board
shall meet at least four times annually and at the call of the
chair. The chair shall call a meeting on the request of the
executive director or the medical director of the board or on the
written request of five members. The board shall maintain written
or electronic records of its meetings.
(E) Upon twenty-four hours' notice from a member of the
board, the member's employer shall release the member from the
member's employment duties to attend meetings of the full board.
Nothing in this paragraph division requires the employer of a
member of the board to compensate the member for time the member
is released from employment duties under this paragraph, but any
civil immunity, workers' compensation, disability, or similar
coverage that applies to a member of the board as a result of the
member's employment shall continue to apply while the member is
released from employment duties under this paragraph.
Sec. 4765.03. (A) The director of public safety shall
appoint a full-time executive director for the state board of
emergency medical, fire, and transportation services. The
executive director shall be knowledgeable in emergency medical
services and trauma care and shall serve at the pleasure of the
director of public safety. The director of public safety shall
appoint the executive director from among three persons nominated
by the board. The director of public safety may refuse, for cause,
to appoint any of the board's nominees. If the director fails to
appoint any of the board's nominees, the board shall continue to
nominate groups of three persons until the director does appoint
one of the board's nominees. The executive director shall serve as
the chief executive officer of the board and as the executive
director of the division of emergency medical services. The
executive director shall attend each meeting of the board, except
the board may exclude the executive director from discussions
concerning the employment or performance of the executive director
or medical director of the board. The executive director shall
give a surety bond to the state in such sum as the board
determines, conditioned on the faithful performance of the duties
of the executive director's office. The executive director shall
receive a salary from the board and shall be reimbursed for actual
and necessary expenses incurred in carrying out duties as
executive director.
The executive director shall submit a report to the director
of public safety at least every three months regarding the status
of emergency medical services in this state. The executive
director shall meet with the director of public safety at the
director's request.
(B) The board shall appoint a medical director, who shall
serve at the pleasure of the board. The medical director shall be
a physician certified by the American board of emergency medicine
or the American osteopathic board of emergency medicine who is
active in the practice of emergency medicine and has been actively
involved with an emergency medical service organization for at
least five years prior to being appointed. The board shall
consider any recommendations for this appointment from the Ohio
chapter of the American college of emergency physicians, the Ohio
chapter of the American college of surgeons, the Ohio chapter of
the American academy of pediatrics, the Ohio osteopathic
association, and the Ohio state medical association.
The medical director shall direct the executive director and
advise the board with regard to adult and pediatric trauma and
emergency medical services issues. The medical director shall
attend each meeting of the board, except the board may exclude the
medical director from discussions concerning the appointment or
performance of the medical director or executive director of the
board. The medical director shall be employed and paid by the
board and shall be reimbursed for actual and necessary expenses
incurred in carrying out duties as medical director.
(C) The board may appoint employees as it determines
necessary. The board shall prescribe the duties and titles of its
employees.
Sec. 4765.04. (A) The firefighter and fire safety inspector
training committee of the state board of emergency medical, fire,
and transportation 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, fire, and transportation 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, fire,
and transportation 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, fire, and transportation
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, fire,
and transportation 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, fire, and transportation 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, fire, and
transportation services may appoint other committees and
subcommittees as it considers necessary.
(D) The state board of emergency medical, fire, and
transportation 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. 4765.05. (A) As used in this section, "prehospital
emergency medical services" means an emergency medical services
system that provides medical services to patients who require
immediate assistance, because of illness or injury, prior to their
arrival at an emergency medical facility.
(B) The state board of emergency medical, fire, and
transportation services shall divide the state geographically into
prehospital emergency medical services regions for purposes of
overseeing the delivery of adult and pediatric prehospital
emergency medical services. For each prehospital emergency medical
services region, the state board of emergency medical, fire, and
transportation services shall appoint either a physician to serve
as the regional director or a physician advisory board to serve as
the regional advisory board. The state board of emergency medical,
fire, and transportation services shall specify the duties of each
regional director and regional advisory board. Regional directors
and members of regional advisory boards shall serve without
compensation, but shall be reimbursed for actual and necessary
expenses incurred in carrying out duties as regional directors and
members of regional advisory boards.
(C) Nothing in this section shall be construed to limit in
any way the ability of a hospital to determine the market area of
that hospital.
Sec. 4765.06. (A) The state board of emergency medical,
fire, and transportation services shall establish an emergency
medical services incidence reporting system for the collection of
information regarding the delivery of emergency medical services
in this state and the frequency at which the services are
provided. All emergency medical service organizations shall submit
to the board any information that the board determines is
necessary for maintaining the incidence reporting system.
(B) The board shall establish a state trauma registry to be
used for the collection of information regarding the care of adult
and pediatric trauma victims in this state. The registry shall
provide for the reporting of adult and pediatric trauma-related
deaths, identification of adult and pediatric trauma patients,
monitoring of adult and pediatric trauma patient care data,
determination of the total amount of uncompensated adult and
pediatric trauma care provided annually by each facility that
provides care to trauma victims, and collection of any other
information specified by the board. All persons designated by the
board shall submit to the board any information it determines is
necessary for maintaining the state trauma registry. At the
request of the board any state agency possessing information
regarding adult or pediatric trauma care shall provide the
information to the board. The board shall maintain the state
trauma registry in accordance with rules adopted under section
4765.11 of the Revised Code.
Rules relating to the state trauma registry adopted under
this section and section 4765.11 of the Revised Code shall not
prohibit the operation of other trauma registries and may provide
for the reporting of information to the state trauma registry by
or through other trauma registries in a manner consistent with
information otherwise reported to the state trauma registry. Other
trauma registries may report aggregate information to the state
trauma registry, provided the information can be matched to the
person that reported it. Information maintained by another trauma
registry and reported to the state trauma registry in lieu of
being reported directly to the state trauma registry is a public
record and shall be maintained, made available to the public, held
in confidence, risk adjusted, and not subject to discovery or
introduction into evidence in a civil action as provided in
section 149.43 of the Revised Code and this section. Any person
who provides, maintains, or risk adjusts such information shall
comply with this section and rules adopted under it in performing
that function and has the same immunities with respect to that
function as a person who performs that function with respect to
the state trauma registry.
(C) The board and any employee or contractor of the board or
the department of public safety shall not make public information
it receives under Chapter 4765. of the Revised Code that
identifies or would tend to identify a specific recipient of
emergency medical services or adult or pediatric trauma care.
(D) Not later than two years after November 3, 2000, the
board shall adopt and implement rules under section 4765.11 of the
Revised Code that provide written standards and procedures for
risk adjustment of information received by the board under Chapter
4765. of the Revised Code. The rules shall be developed in
consultation with appropriate medical, hospital, and emergency
medical service organizations and may provide for risk adjustment
by a contractor of the board. Except as provided in division (G)
of this section, before risk adjustment standards and procedures
are implemented, no member of the board and no employee or
contractor of the board or the department of public safety shall
make public information received by the board under Chapter 4765.
of the Revised Code that identifies or would tend to identify a
specific provider of emergency medical services or adult or
pediatric trauma care. Except as provided in division (G) of this
section, after risk adjustment standards and procedures are
implemented, the board shall make public such information only on
a risk adjusted basis.
(E) The board shall adopt rules under section 4765.11 of the
Revised Code that specify procedures for ensuring the
confidentiality of information that is not to be made public under
this section. The rules shall specify the circumstances in which
deliberations of the persons performing risk adjustment functions
under this section are not open to the public and records of those
deliberations are maintained in confidence. Nothing in this
section prohibits the board from making public statistical
information that does not identify or tend to identify a specific
recipient or provider of emergency medical services or adult or
pediatric trauma care.
(F) No provider that furnishes information to the board with
respect to any patient the provider examined or treated shall,
because of this furnishing, be deemed liable in damages to any
person or be held to answer for betrayal of a professional
confidence in the absence of willful or wanton misconduct. No such
information shall be subject to introduction in evidence in any
civil action against the provider. No provider that furnishes
information to the board shall be liable for the misuse or
improper release of the information by the board or any other
person.
No person who performs risk adjustment functions under this
section shall, because of performing such functions, be held
liable in a civil action for betrayal of professional confidence
or otherwise in the absence of willful or wanton misconduct.
(G) The board may transmit data that identifies or tends to
identify a specific provider of emergency medical services care
and has not been risk-adjusted from the emergency medical services
incident reporting system directly to the national emergency
medical services information system, pursuant to a written
contract between the board and the federal agency that administers
the national emergency medical services information system, which
shall ensure to the maximum extent permitted by federal law that
such agency shall use such data solely for inclusion in the
national emergency medical services information system and shall
not disclose such data to the public, through legal discovery, a
freedom of information request, or otherwise, in a manner that
identifies or tends to identify a specific provider of emergency
medical services care.
Sec. 4765.07. (A) The state board of emergency medical,
fire, and transportation 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.
(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.
(5) Fifth priority shall be given to entities that 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 fund created by section 4513.263 of the
Revised Code.
Sec. 4765.08. The state board of emergency medical, fire,
and transportation services shall prepare a statewide emergency
medical services plan and shall revise the plan as necessary.
The board shall prepare a plan for the statewide regulation
of emergency medical services during periods of disaster. The plan
shall be consistent with the statewide emergency medical services
plan required under this section and with the statewide emergency
operations plan required under section 5502.22 of the Revised
Code. The board shall submit the plan to the emergency management
agency created under section 5502.22 of the Revised Code. The
board shall cooperate with the agency in any other manner the
agency considers necessary to develop and implement the statewide
emergency operations plan.
Sec. 4765.09. The state board of emergency medical, fire,
and transportation services shall prepare recommendations for the
operation of ambulance service organizations, air medical
organizations, and emergency medical service organizations. Within
thirty days following the preparation or modification of
recommendations, the board shall notify the board of county
commissioners of any county, the board of township trustees of any
township, the board of trustees of any joint ambulance district,
or the board of trustees of any joint emergency medical services
district in which there exist ambulance service organizations, air
medical organizations, or emergency medical service organizations
of any board recommendations for the operation of such
organizations. The recommendations shall include, but not be
limited to:
(A) The definition and classification of ambulances and
medical aircraft;
(B) The design, equipment, and supplies for ambulances and
medical aircraft, including special equipment, supplies, training,
and staffing required to assist pediatric and geriatric emergency
victims;
(C) The minimum number and type of personnel for the
operation of ambulances and medical aircraft;
(D) The communication systems necessary for the operation of
ambulances and medical aircraft;
(E) Reports to be made by persons holding certificates of
accreditation or approval issued under section 4765.17 of the
Revised Code and certificates to practice issued under section
4765.30 of the Revised Code to ascertain compliance with this
chapter and the rules and recommendations adopted thereunder and
to ascertain the quantity and quality of ambulance service
organizations, air medical organizations, and emergency medical
service organizations throughout the state.
Sec. 4765.10. (A) The state board of emergency medical,
fire, and transportation services shall do all of the following:
(1) Administer and enforce the provisions of this chapter and
the rules adopted under it;
(2) Approve, in accordance with procedures established in
rules adopted under section 4765.11 of the Revised Code,
examinations that demonstrate competence to have a certificate to
practice renewed without completing a continuing education
program;
(3) Advise applicants for state or federal emergency medical
services funds, review and comment on applications for these
funds, and approve the use of all state and federal funds
designated solely for emergency medical service programs unless
federal law requires another state agency to approve the use of
all such federal funds;
(4) Serve as a statewide clearinghouse for discussion,
inquiry, and complaints concerning emergency medical services;
(5) Make recommendations to the general assembly on
legislation to improve the delivery of emergency medical services;
(6) Maintain a toll-free long distance telephone number
through which it shall respond to questions about emergency
medical services;
(7) Work with appropriate state offices in coordinating the
training of firefighters and emergency medical service personnel.
Other state offices that are involved in the training of
firefighters or emergency medical service personnel shall
cooperate with the board and its committees and subcommittees to
achieve this goal.
(8) Provide a liaison to the state emergency operation center
during those periods when a disaster, as defined in section
5502.21 of the Revised Code, has occurred in this state and the
governor has declared an emergency as defined in that section.
(B) The board may do any of the following:
(1) Investigate complaints concerning emergency medical
services and emergency medical service organizations as it
determines necessary;
(2) Enter into reciprocal agreements with other states that
have standards for accreditation of emergency medical services
training programs and for certification of first responders,
EMTs-basic, EMTs-I, paramedics, firefighters, or fire safety
inspectors that are substantially similar to those established
under this chapter and the rules adopted under it;
(3) Establish a statewide public information system and
public education programs regarding emergency medical services;
(4) Establish an injury prevention program.
Sec. 4765.101. (A) The state board of emergency medical,
fire, and transportation services shall investigate any allegation
that a person has violated this chapter or a rule adopted under
it.
Any person may submit to the board a written complaint
regarding an alleged violation of this chapter or a rule adopted
under it. In the absence of fraud or bad faith, no person
submitting a complaint to the board or testifying in an
adjudication hearing conducted in accordance with Chapter 119. of
the Revised Code with regard to such an alleged violation shall be
liable to any person in damages in a civil action as a result of
submitting the complaint or providing testimony.
(B) In investigating an allegation, the board may do any of
the following:
(2) Order the taking of depositions;
(4) Compel the attendance of witnesses and production of
books, accounts, papers, records, documents, and testimony.
(C) A subpoena for patient record information shall not be
issued without consultation with the attorney general's office and
approval of the executive director of the board. Before issuance
of a subpoena for patient record information, the executive
director shall determine whether there is probable cause to
believe that the complaint filed alleges a violation of this
chapter or any rule adopted under it and that the records sought
are relevant to the alleged violation and material to the
investigation. The subpoena may apply only to records that cover a
reasonable period of time surrounding the alleged violation.
(D) On failure to comply with any subpoena issued by the
board and after reasonable notice to the person being subpoenaed,
the board may move, pursuant to the Rules of Civil Procedure, for
an order compelling the production of persons or records.
(E) A subpoena issued by the board may be served by a
sheriff, the sheriff's deputy, or an investigator for the division
of emergency medical services of the department of public safety.
Service of a subpoena issued by the board may be made by
delivering a copy of the subpoena to the person named in it,
reading it to the person, or leaving it at the person's usual
place of residence. When the person being served is an individual
authorized by this chapter to practice emergency medical services,
service of the subpoena may be made by certified mail, restricted
delivery, return receipt requested, and the subpoena shall be
deemed served on the date delivery is made or on the date that the
person refuses to accept delivery.
Sec. 4765.102. (A) As used in this section, "licensing
agency" means any entity that has the authority pursuant to Title
XLVII of the Revised Code to issue a license, and any other agency
of this or another state, other than the Ohio supreme court, that
has the authority to issue a license that authorizes an individual
to engage in an occupation or profession. "Licensing agency"
includes an administrative officer that has authority to issue a
license that authorizes an individual to engage in an occupation
or profession.
(B) Except as provided in divisions (C) and (D) of this
section and section 4765.111 of the Revised Code, all information
the state board of emergency medical, fire, and transportation
services receives pursuant to an investigation, including
information regarding an alleged violation of this chapter or
rules adopted under it or a complaint submitted under division (A)
of section 4765.101 of the Revised Code, is confidential, and is
not subject to discovery in any civil action, during the course of
the investigation and any adjudication proceedings that result
from the investigation. Upon completion of the investigation and
any resulting adjudication proceedings, the information is a
matter of public record for purposes of section 149.43 of the
Revised Code.
(C) The board may release information otherwise made
confidential by division (B) of this section to law enforcement
officers or licensing agencies of this or another state that are
prosecuting, adjudicating, or investigating the holder of a
certificate issued under this chapter or a person who allegedly
engaged in the unauthorized provision of emergency medical
services.
A law enforcement officer or licensing agency with
information disclosed by the board under this division shall not
divulge the information other than for the purpose of an
adjudication by a court or licensing agency to which the subject
of the adjudication is a party.
(D) If an investigation conducted under section 4765.101 of
the Revised Code requires a review of patient records, the
investigation and proceedings related to it shall be conducted in
such a manner as to protect patient confidentiality. The board
shall not make public the name or any other identifying
information about a patient unless proper consent is given in
accordance with rules adopted by the board. If the patient is less
than eighteen years of age, the board shall obtain consent from
the patient's parent, guardian, or custodian.
Sec. 4765.11. (A) The state board of emergency medical,
fire, and transportation services shall adopt, and may amend and
rescind, rules in accordance with Chapter 119. of the Revised Code
and division (C) of this section that establish all of the
following:
(1) Procedures for its governance and the control of its
actions and business affairs;
(2) Standards for the performance of emergency medical
services by first responders, emergency medical technicians-basic,
emergency medical technicians-intermediate, and emergency medical
technicians-paramedic;
(3) Application fees for certificates of accreditation,
certificates of approval, certificates to teach, and certificates
to practice, which shall be deposited into the trauma and
emergency medical services fund created in section 4513.263 of the
Revised Code;
(4) Criteria for determining when the application or renewal
fee for a certificate to practice may be waived because an
applicant cannot afford to pay the fee;
(5) Procedures for issuance and renewal of certificates of
accreditation, certificates of approval, certificates to teach,
and certificates to practice, including any procedures necessary
to ensure that adequate notice of renewal is provided in
accordance with division (D) of section 4765.30 of the Revised
Code;
(6) Procedures for suspending or revoking certificates of
accreditation, certificates of approval, certificates to teach,
and certificates to practice;
(7) Grounds for suspension or revocation of a certificate to
practice issued under section 4765.30 of the Revised Code and for
taking any other disciplinary action against a first responder,
EMT-basic, EMT-I, or paramedic;
(8) Procedures for taking disciplinary action against a first
responder, EMT-basic, EMT-I, or paramedic;
(9) Standards for certificates of accreditation and
certificates of approval;
(10) Qualifications for certificates to teach;
(11) Requirements for a certificate to practice;
(12) The curricula, number of hours of instruction and
training, and instructional materials to be used in adult and
pediatric emergency medical services training programs and adult
and pediatric emergency medical services continuing education
programs;
(13) Procedures for conducting courses in recognizing
symptoms of life-threatening allergic reactions and in calculating
proper dosage levels and administering injections of epinephrine
to adult and pediatric patients who suffer life-threatening
allergic reactions;
(14) Examinations for certificates to practice;
(15) Procedures for administering examinations for
certificates to practice;
(16) Procedures for approving examinations that demonstrate
competence to have a certificate to practice renewed without
completing an emergency medical services continuing education
program;
(17) Procedures for granting extensions and exemptions of
emergency medical services continuing education requirements;
(18) Procedures for approving the additional emergency
medical services first responders are authorized by division (C)
of section 4765.35 of the Revised Code to perform, EMTs-basic are
authorized by division (C) of section 4765.37 of the Revised Code
to perform, EMTs-I are authorized by division (B)(5) of section
4765.38 of the Revised Code to perform, and paramedics are
authorized by division (B)(6) of section 4765.39 of the Revised
Code to perform;
(19) Standards and procedures for implementing the
requirements of section 4765.06 of the Revised Code, including
designations of the persons who are required to report information
to the board and the types of information to be reported;
(20) Procedures for administering the emergency medical
services grant program established under section 4765.07 of the
Revised Code;
(21) Procedures consistent with Chapter 119. of the Revised
Code for appealing decisions of the board;
(22) Minimum qualifications and peer review and quality
improvement requirements for persons who provide medical direction
to emergency medical service personnel;
(23) The manner in which a patient, or a patient's parent,
guardian, or custodian may consent to the board releasing
identifying information about the patient under division (D) of
section 4765.102 of the Revised Code;
(24) Circumstances under which a training program or
continuing education program, or portion of either type of
program, may be taught by a person who does not hold a certificate
to teach issued under section 4765.23 of the Revised Code;
(25) Certification cycles for certificates issued under
sections 4765.23 and 4765.30 of the Revised Code and certificates
issued by the executive director of the state board of emergency
medical, fire, and transportation services under section 4765.55
of the Revised Code that establish a common expiration date for
all certificates.
(B) The board may adopt, and may amend and rescind, rules in
accordance with Chapter 119. of the Revised Code and division (C)
of this section that establish the following:
(1) Specifications of information that may be collected under
the trauma system registry and incidence reporting system created
under section 4765.06 of the Revised Code;
(2) Standards and procedures for implementing any of the
recommendations made by any committees of the board or under
section 4765.04 of the Revised Code;
(3) Requirements that a person must meet to receive a
certificate to practice as a first responder pursuant to division
(A)(2) of section 4765.30 of the Revised Code;
(4) Any other rules necessary to implement this chapter.
(C) In developing and administering rules adopted under this
chapter, the state board of emergency medical, fire, and
transportation services shall consult with regional directors and
regional physician advisory boards created by section 4765.05 of
the Revised Code and emphasize the special needs of pediatric and
geriatric patients.
(D) Except as otherwise provided in this division, before
adopting, amending, or rescinding any rule under this chapter, the
board shall submit the proposed rule to the director of public
safety for review. The director may review the proposed rule for
not more than sixty days after the date it is submitted. If,
within this sixty-day period, the director approves the proposed
rule or does not notify the board that the rule is disapproved,
the board may adopt, amend, or rescind the rule as proposed. If,
within this sixty-day period, the director notifies the board that
the proposed rule is disapproved, the board shall not adopt,
amend, or rescind the rule as proposed unless at least twelve
members of the board vote to adopt, amend, or rescind it.
This division does not apply to an emergency rule adopted in
accordance with section 119.03 of the Revised Code.
Sec. 4765.111. Except as provided in this section or sections
4765.112 to 4765.116 of the Revised Code, the state board of
emergency medical, fire, and transportation services shall conduct
disciplinary proceedings regarding the holder of a certificate
issued under this chapter in accordance with rules adopted by the
board under section 4765.11 of the Revised Code.
The board and a holder of a certificate are the parties to a
hearing conducted under this chapter. Either party may submit a
written request to the other party for a list of witnesses and
copies of documents intended to be introduced at the hearing. The
request shall be in writing and shall be served not less than
thirty-seven days prior to the commencement of the hearing, unless
the hearing officer or presiding board member grants an extension
of time to make the request. Not later than thirty days before the
hearing, the responding party shall provide the requested list of
witnesses and copies of documents to the requesting party, unless
the hearing officer or presiding board member grants an extension
of time to provide the list and copies.
Failure to timely provide a list or copies requested in
accordance with this section shall result in exclusion from the
hearing of the witnesses, testimony, or documents.
Sec. 4765.112. (A) The state board of emergency medical,
fire, and transportation services, by an affirmative vote of the
majority of its members, may suspend without a prior hearing a
certificate to practice issued under this chapter if the board
determines that there is clear and convincing evidence that
continued practice by the certificate holder presents a danger of
immediate and serious harm to the public and that the certificate
holder has done any of the following:
(1) Furnished false, fraudulent, or misleading information to
the board;
(2) Engaged in activities that exceed those permitted by the
individual's certificate;
(3) In a court of this or any other state or federal court
been convicted of, pleaded guilty to, or been the subject of a
judicial finding of guilt of, a judicial finding of guilt
resulting from a plea of no contest to, or a judicial finding of
eligibility for intervention in lieu of conviction for, a felony
or for a misdemeanor committed in the course of practice or
involving gross immorality or moral turpitude.
(B) Immediately following the decision to impose a summary
suspension, the board, in accordance with section 119.07 of the
Revised Code, shall issue a written order of suspension, cause it
to be delivered to the certificate holder, and notify the
certificate holder of the opportunity for a hearing. If timely
requested by the certificate holder, a hearing shall be conducted
in accordance with section 4765.115 of the Revised Code.
Sec. 4765.113. If the state board of emergency medical,
fire, and transportation services imposes a suspension on the
basis of a conviction, judicial finding, or plea as described in
division (A)(3) of section 4765.112 of the Revised Code that is
overturned on appeal, the certificate holder, on exhaustion of the
criminal appeal process, may file with the board a petition for
reconsideration of the suspension along with appropriate court
documents. On receipt of the petition and documents, the board
shall reinstate the certificate holder's certificate to practice.
Sec. 4765.114. (A) A certificate to practice emergency
medical services issued under this chapter is automatically
suspended on the certificate holder's conviction of, plea of
guilty to, or judicial finding of guilt of any of the following:
aggravated murder, murder, voluntary manslaughter, felonious
assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated burglary, aggravated
robbery, or a substantially equivalent offense committed in this
or another jurisdiction. Continued practice after the suspension
is practicing without a certificate.
(B) If the state board of emergency medical, fire, and
transportation services has knowledge that an automatic suspension
has occurred, it shall notify, in accordance with section 119.07
of the Revised Code, the certificate holder of the suspension and
of the opportunity for a hearing. If timely requested by the
certificate holder, a hearing shall be conducted in accordance
with section 4765.115 of the Revised Code.
Sec. 4765.115. (A) A suspension order issued under section
4765.112 or automatic suspension under section 4765.114 of the
Revised Code is not subject to suspension by a court prior to a
hearing under this section or during the pendency of any appeal
filed under section 119.12 of the Revised Code.
(B) A suspension order issued under section 4765.112 or
automatic suspension under section 4765.114 of the Revised Code
remains in effect, unless reversed by the state board of emergency
medical, fire, and transportation services, until a final
adjudication order issued by the board pursuant to this section
becomes effective.
(C) Hearings requested pursuant to section 4765.112 or
4765.114 of the Revised Code shall be conducted under this section
in accordance with Chapter 119. of the Revised Code.
(D) A hearing under this section shall be held not later than
forty-five days but not earlier than forty days after the
certificate holder requests it, unless another date is agreed to
by the certificate holder and the board.
(E) After completion of an adjudication hearing, the board
may adopt, by an affirmative vote of the majority of its members,
a final adjudication order that imposes any of the following
sanctions:
(1) Suspension of the holder's certificate to practice;
(2) Revocation of the holder's certificate to practice;
(3) Issuance of a written reprimand;
(4) A refusal to renew or a limitation on the holder's
certificate to practice.
The board shall issue its final adjudication order not later
than forty-five days after completion of an adjudication hearing.
If the board does not issue a final order within that time period,
the suspension order is void, but any final adjudication order
subsequently issued is not affected.
(F) Any action taken by the board under this section
resulting in a suspension from practice shall be accompanied by a
written statement of the conditions under which the certificate to
practice may be reinstated. Reinstatement of a certificate
suspended under this section requires an affirmative vote by the
majority of the members of the board.
(G) When the board revokes or refuses to reinstate a
certificate to practice, the board may specify that its action is
permanent. An individual subject to permanent action taken by the
board is forever ineligible to hold a certificate of the type
revoked or refused, and the board shall not accept from the
individual an application for reinstatement of the certificate or
for a new certificate.
Sec. 4765.116. If a certificate holder subject to a
suspension order issued by the state board of emergency medical,
fire, and transportation services under section 4765.112 or an
automatic suspension order under section 4765.114 of the Revised
Code fails to make a timely request for a hearing, the following
apply:
(A) In the case of a certificate holder subject to a summary
suspension order, the board is not required to hold a hearing, but
may adopt, by an affirmative vote of a majority of its members, a
final order that contains the board's findings. In the final
order, the board may order any of the sanctions listed in division
(E) of section 4765.115 of the Revised Code.
(B) In the case of a certificate holder subject to an
automatic suspension order, the board may adopt, by an affirmative
vote of a majority of its members, a final order that permanently
revokes the holder's certificate to practice.
Sec. 4765.12. (A) Not later than two years after
the
effective date of this section November 3, 2000, the state board
of emergency medical, fire, and transportation services shall
develop and distribute guidelines for the care of trauma victims
by emergency medical service personnel and for the conduct of peer
review and quality assurance programs by emergency medical service
organizations. The guidelines shall be consistent with the state
trauma triage protocols adopted in rules under sections 4765.11
and 4765.40 of the Revised Code and shall place emphasis on the
special needs of pediatric and geriatric trauma victims. In
developing the guidelines, the board shall consult with entities
with interests in trauma and emergency medical services and shall
consider any relevant guidelines adopted by national
organizations, including the American college of surgeons,
American college of emergency physicians, and American academy of
pediatrics. The board shall distribute the guidelines, and
amendments to the guidelines, to each emergency medical service
organization, regional director, regional physician advisory
board, certified emergency medical service instructor, and person
who regularly provides medical direction to emergency medical
service personnel in this state.
(B) Not later than three years after the effective date of
this section
November 3, 2000, each emergency medical service
organization in this state shall implement ongoing peer review and
quality assurance programs designed to improve the availability
and quality of the emergency medical services it provides. The
form and content of the programs shall be determined by each
emergency medical service organization. In implementing the
programs, each emergency medical service organization shall
consider how to improve its ability to provide effective trauma
care, particularly for pediatric and geriatric trauma victims, and
shall take into account the trauma care guidelines developed by
the state board of emergency medical, fire, and transportation
services under this section.
Information generated solely for use in a peer review or
quality assurance program conducted on behalf of an emergency
medical service organization is not a public record under section
149.43 of the Revised Code. Such information, and any discussion
conducted in the course of a peer review or quality assurance
program conducted on behalf of an emergency medical service
organization, is not subject to discovery in a civil action and
shall not be introduced into evidence in a civil action against
the emergency medical service organization on whose behalf the
information was generated or the discussion occurred.
No emergency medical service organization on whose behalf a
peer review or quality assurance program is conducted, and no
person who conducts such a program, because of performing such
functions, shall be liable in a civil action for betrayal of
professional confidence or otherwise in the absence of willful or
wanton misconduct.
Sec. 4765.15. A person seeking to operate an emergency
medical services training program shall submit a completed
application for accreditation to the state board of emergency
medical, fire, and transportation services on a form the board
shall prescribe and furnish. The application shall be accompanied
by the appropriate application fee established in rules adopted
under section 4765.11 of the Revised Code.
A person seeking to operate an emergency medical services
continuing education program shall submit a completed application
for approval to the board on a form the board shall prescribe and
furnish. The application shall be accompanied by the appropriate
application fee established in rules adopted under section 4765.11
of the Revised Code.
The board shall administer the accreditation and approval
processes pursuant to rules adopted under section 4765.11 of the
Revised Code. In administering these processes, the board may
authorize other persons to evaluate applications for accreditation
or approval and may accept the recommendations made by those
persons.
The board may cause an investigation to be made into the
accuracy of the information submitted in any application for
accreditation or approval. If an investigation indicates that
false, misleading, or incomplete information has been submitted to
the board in connection with any application for accreditation or
approval, the board shall conduct a hearing on the matter in
accordance with Chapter 119. of the Revised Code.
Sec. 4765.16. (A) All courses offered through an emergency
medical services training program or an emergency medical services
continuing education program, other than ambulance driving, shall
be developed under the direction of a physician who specializes in
emergency medicine. Each course that deals with trauma care shall
be developed in consultation with a physician who specializes in
trauma surgery. Except as specified by the state board of
emergency medical, fire, and transportation services pursuant to
rules adopted under section 4765.11 of the Revised Code, each
course offered through a training program or continuing education
program shall be taught by a person who holds the appropriate
certificate to teach issued under section 4765.23 of the Revised
Code.
(B) A training program for first responders shall meet the
standards established in rules adopted by the board under section
4765.11 of the Revised Code. The program shall include courses in
both of the following areas for at least the number of hours
established by the board's rules:
(1) Emergency victim care;
(2) Reading and interpreting a trauma victim's vital signs.
(C) A training program for emergency medical
technicians-basic shall meet the standards established in rules
adopted by the board under section 4765.11 of the Revised Code.
The program shall include courses in each of the following areas
for at least the number of hours established by the board's rules:
(1) Emergency victim care;
(2) Reading and interpreting a trauma victim's vital signs;
(3) Triage protocols for adult and pediatric trauma victims;
(4) In-hospital training;
(6) Training as an ambulance driver.
Each operator of a training program for emergency medical
technicians-basic shall allow any pupil in the twelfth grade in a
secondary school who is at least seventeen years old and who
otherwise meets the requirements for admission into such a
training program to be admitted to and complete the program and,
as part of the training, to ride in an ambulance with emergency
medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic. Each emergency medical service organization
shall allow pupils participating in training programs to ride in
an ambulance with emergency medical technicians-basic, advanced
emergency medical technicians-intermediate, and emergency medical
technicians-paramedic.
(D) A training program for emergency medical
technicians-intermediate shall meet the standards established in
rules adopted by the board under section 4765.11 of the Revised
Code. The program shall include, or require as a prerequisite, the
training specified in division (C) of this section and courses in
each of the following areas for at least the number of hours
established by the board's rules:
(1) Recognizing symptoms of life-threatening allergic
reactions and in calculating proper dosage levels and
administering injections of epinephrine to persons who suffer
life-threatening allergic reactions, conducted in accordance with
rules adopted by the board under section 4765.11 of the Revised
Code;
(2) Venous access procedures;
(3) Cardiac monitoring and electrical interventions to
support or correct the cardiac function.
(E) A training program for emergency medical
technicians-paramedic shall meet the standards established in
rules adopted by the board under section 4765.11 of the Revised
Code. The program shall include, or require as a prerequisite, the
training specified in divisions (C) and (D) of this section and
courses in each of the following areas for at least the number of
hours established by the board's rules:
(2) Venous access procedures;
(4) Patient assessment and triage;
(5) Acute cardiac care, including administration of
parenteral injections, electrical interventions, and other
emergency medical services;
(6) Emergency and trauma victim care beyond that required
under division (C) of this section;
(7) Clinical training beyond that required under division (C)
of this section.
(F) A continuing education program for first responders,
EMTs-basic, EMTs-I, or paramedics shall meet the standards
established in rules adopted by the board under section 4765.11 of
the Revised Code. A continuing education program shall include
instruction and training in subjects established by the board's
rules for at least the number of hours established by the board's
rules.
Sec. 4765.17. (A) The state board of emergency medical,
fire, and transportation services shall issue the appropriate
certificate of accreditation or certificate of approval to an
applicant who is of good reputation and meets the requirements of
section 4765.16 of the Revised Code. The board shall grant or deny
a certificate of accreditation or certificate of approval within
one hundred twenty days of receipt of the application. The board
may issue or renew a certificate of accreditation or certificate
of approval on a provisional basis to an applicant who is of good
reputation and is in substantial compliance with the requirements
of section 4765.16 of the Revised Code. The board shall inform an
applicant receiving such a certificate of the conditions that must
be met to complete compliance with section 4765.16 of the Revised
Code.
(B) Except as provided in division (C) of this section, a
certificate of accreditation or certificate of approval is valid
for up to five years and may be renewed by the board pursuant to
procedures and standards established in rules adopted under
section 4765.11 of the Revised Code. An application for renewal
shall be accompanied by the appropriate renewal fee established in
rules adopted under section 4765.11 of the Revised Code.
(C) A certificate of accreditation or certificate of approval
issued on a provisional basis is valid for the length of time
established by the board. If the board finds that the holder of
such a certificate has met the conditions it specifies under
division (A) of this section, the board shall issue the
appropriate certificate of accreditation or certificate of
approval.
(D) A certificate of accreditation is valid only for the
emergency medical services training program or programs for which
it is issued. The holder of a certificate of accreditation may
apply to operate additional training programs in accordance with
rules adopted by the board under section 4765.11 of the Revised
Code. Any additional training programs shall expire on the
expiration date of the applicant's current certificate. A
certificate of approval is valid only for the emergency medical
services continuing education program for which it is issued.
Neither is transferable.
(E) The holder of a certificate of accreditation or a
certificate of approval may offer courses at more than one
location in accordance with rules adopted under section 4765.11 of
the Revised Code.
Sec. 4765.18. The state board of emergency medical, fire,
and transportation services may suspend or revoke a certificate of
accreditation or a certificate of approval issued under section
4765.17 of the Revised Code for any of the following reasons:
(A) Violation of this chapter or any rule adopted under it;
(B) Furnishing of false, misleading, or incomplete
information to the board;
(C) The signing of an application or the holding of a
certificate of accreditation by a person who has pleaded guilty to
or has been convicted of a felony, or has pleaded guilty to or
been convicted of a crime involving moral turpitude;
(D) The signing of an application or the holding of a
certificate of accreditation by a person who is addicted to the
use of any controlled substance or has been adjudicated
incompetent for that purpose by a court, as provided in section
5122.301 of the Revised Code;
(E) Violation of any commitment made in an application for a
certificate of accreditation or certificate of approval;
(F) Presentation to prospective students of misleading,
false, or fraudulent information relating to the emergency medical
services training program or emergency medical services continuing
education program, employment opportunities, or opportunities for
enrollment in accredited institutions of higher education after
entering or completing courses offered by the operator of a
program;
(G) Failure to maintain in a safe and sanitary condition
premises and equipment used in conducting courses of study;
(H) Failure to maintain financial resources adequate for the
satisfactory conduct of courses of study or to retain a sufficient
number of certified instructors;
(I) Discrimination in the acceptance of students upon the
basis of race, color, religion, sex, or national origin.
Sec. 4765.22. A person seeking a certificate to teach in an
emergency medical services training program or an emergency
medical services continuing education program shall submit a
completed application for certification to the state board of
emergency medical, fire, and transportation services on a form the
board shall prescribe and furnish. The application shall be
accompanied by the appropriate application fee established in
rules adopted under section 4765.11 of the Revised Code.
Sec. 4765.23. The state board of emergency medical, fire,
and transportation services shall issue a certificate to teach in
an emergency medical services training program or an emergency
medical services continuing education program to any applicant who
it determines meets the qualifications established in rules
adopted under section 4765.11 of the Revised Code. The certificate
shall indicate each type of instruction and training the
certificate holder may teach under the certificate.
A certificate to teach 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. An
application for renewal shall be accompanied by the appropriate
renewal fee established in rules adopted under section 4765.11 of
the Revised Code.
The board may suspend or revoke a certificate to teach
pursuant to rules adopted under section 4765.11 of the Revised
Code.
Sec. 4765.28. A person seeking a certificate to practice as
a first responder, emergency medical technician-basic, emergency
medical technician-intermediate, or emergency medical
technician-paramedic shall submit a completed application for
certification to the state board of emergency medical, fire, and
transportation services on a form the board shall prescribe and
furnish. Except as provided in division (B) of section 4765.29 of
the Revised Code, the application shall include evidence that the
applicant received the appropriate certificate of completion
pursuant to section 4765.24 of the Revised Code. The application
shall be accompanied by the appropriate application 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.
Sec. 4765.29. (A) The state board of emergency medical,
fire, and transportation services shall provide for the
examination of applicants for certification to practice as first
responders, emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic. The examinations shall be established by
the board in rules adopted under section 4765.11 of the Revised
Code. The board may administer the examinations or contract with
other persons to administer the examinations. In either case, the
examinations shall be administered pursuant to procedures
established in rules adopted under section 4765.11 of the Revised
Code and shall be offered at various locations in the state
selected by the board.
Except as provided in division (B) of this section, an
applicant shall not be permitted to take an examination for the
same certificate to practice more than three times since last
receiving the certificate of completion pursuant to section
4765.24 of the Revised Code that qualifies the applicant to take
the examination unless the applicant receives another certificate
of completion that qualifies the applicant to take the
examination.
(B) On request of an applicant who fails three examinations
for the same certificate to practice, the board may direct the
applicant to complete a specific portion of an accredited
emergency medical services training program. If the applicant
provides satisfactory proof to the board that the applicant has
successfully completed that portion of the program, the applicant
shall be permitted to take the examination.
Sec. 4765.30. (A)(1) The state board of emergency medical,
fire, and transportation 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, fire, and
transportation 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, fire, and
transportation 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.
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. 4765.31. (A) Except as provided in division (B) of this
section, a first responder, emergency medical technician-basic,
emergency medical technician-intermediate, and emergency medical
technician-paramedic shall complete an emergency medical services
continuing education program or pass an examination approved by
the state board of emergency medical, fire, and transportation
services under division (A) of section 4765.10 of the Revised Code
prior to the expiration of the individual's certificate to
practice. Completion of the continuing education requirements for
EMTs-I or paramedics satisfies the continuing education
requirements for renewing the certificate to practice as an
EMT-basic held by an EMT-I or paramedic.
(B)(1) An applicant for renewal of a certificate to practice
may apply to the board, in writing, for an extension to complete
the continuing education requirements established under division
(A) of this section. The board may grant such an extension and
determine the length of the extension. The board may authorize the
applicant to continue to practice during the extension as if the
certificate to practice had not expired.
(2) An applicant for renewal of a certificate to practice may
apply to the board, in writing, for an exemption from the
continuing education requirements established under division (A)
of this section. The board may exempt an individual or a group of
individuals from all or any part of the continuing education
requirements due to active military service, unusual circumstance,
emergency, special hardship, or any other cause considered
reasonable by the board.
(C) Decisions of whether to grant an extension or exemption
under division (B) of this section shall be made by the board
pursuant to procedures established in rules adopted under section
4765.11 of the Revised Code.
Sec. 4765.32. A current, valid certificate of accreditation
issued under the provisions of former section 3303.11 or 3303.23
of the Revised Code shall remain valid until one year after the
expiration date of the certificate as determined by the provisions
of those sections and shall confer the same privileges and impose
the same responsibilities and requirements as a certificate of
accreditation issued by the state board of emergency medical,
fire, and transportation services under section 4765.17 of the
Revised Code.
A certificate to practice as an emergency medical
technician-ambulance that is valid on November 24, 1995, shall be
considered a certificate to practice as an emergency medical
technician-basic. A certificate to practice as an advanced
emergency medical technician-ambulance that is valid on November
24, 1995, shall be considered a certificate to practice as an
emergency medical technician-intermediate.
Sec. 4765.33. The state board of emergency medical, fire,
and transportation services may suspend or revoke certificates to
practice issued under section 4765.30 of the Revised Code, and may
take other disciplinary action against first responders, emergency
medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic pursuant to rules adopted under section
4765.11 of the Revised Code.
Sec. 4765.37. (A) An emergency medical technician-basic
shall perform the emergency medical services described in this
section in accordance with this chapter and any rules adopted
under it by the state board of emergency medical, fire, and
transportation services.
(B) An emergency medical technician-basic may operate, or be
responsible for operation of, an ambulance and may provide
emergency medical services to patients. In an emergency, an
EMT-basic may determine the nature and extent of illness or injury
and establish priority for required emergency medical services. An
EMT-basic may render emergency medical services such as opening
and maintaining an airway, giving positive pressure ventilation,
cardiac resuscitation, electrical interventions with automated
defibrillators to support or correct the cardiac function and
other methods determined by the board, controlling of hemorrhage,
treatment of shock, immobilization of fractures, bandaging,
assisting in childbirth, management of mentally disturbed
patients, initial care of poison and burn patients, and
determining triage of adult and pediatric trauma victims. Where
patients must in an emergency be extricated from entrapment, an
EMT-basic may assess the extent of injury and render all possible
emergency medical services and protection to the entrapped
patient; provide light rescue services if an ambulance has not
been accompanied by a specialized unit; and after extrication,
provide additional care in sorting of the injured in accordance
with standard emergency procedures.
(C) An EMT-basic may perform any other emergency medical
services approved pursuant to rules adopted under section 4765.11
of the Revised Code. The board shall determine whether the nature
of any such service requires that an EMT-basic receive
authorization prior to performing the service.
(D)(1) Except as provided in division (D)(2) of this section,
if the board determines under division (C) of this section that a
service requires prior authorization, the service shall be
performed only pursuant to the written or verbal authorization of
a physician or of the cooperating physician advisory board, or
pursuant to an authorization transmitted through a direct
communication device by a physician or registered nurse designated
by a physician.
(2) If communications fail during an emergency situation or
the required response time prohibits communication, an EMT-basic
may perform services subject to this division, if, in the judgment
of the EMT-basic, the life of the patient is in immediate danger.
Services performed under these circumstances shall be performed in
accordance with the protocols for triage of adult and pediatric
trauma victims established in rules adopted under sections 4765.11
and 4765.40 of the Revised Code and any applicable protocols
adopted by the emergency medical service organization with which
the EMT-basic is affiliated.
Sec. 4765.38. (A) An emergency medical
technician-intermediate shall perform the emergency medical
services described in this section in accordance with this chapter
and any rules adopted under it.
(B) An EMT-I may do any of the following:
(1) Establish and maintain an intravenous lifeline that has
been approved by a cooperating physician or physician advisory
board;
(2) Perform cardiac monitoring;
(3) Perform electrical interventions to support or correct
the cardiac function;
(4) Administer epinephrine;
(5) Determine triage of adult and pediatric trauma victims;
(6) Perform any other emergency medical services approved
pursuant to rules adopted under section 4765.11 of the Revised
Code.
(C)(1) Except as provided in division (C)(2) of this section,
the services described in division (B) of this section shall be
performed by an EMT-I only pursuant to the written or verbal
authorization of a physician or of the cooperating physician
advisory board, or pursuant to an authorization transmitted
through a direct communication device by a physician or registered
nurse designated by a physician.
(2) If communications fail during an emergency situation or
the required response time prohibits communication, an EMT-I may
perform any of the services described in division (B) of this
section, if, in the judgment of the EMT-I, the life of the patient
is in immediate danger. Services performed under these
circumstances shall be performed in accordance with the protocols
for triage of adult and pediatric trauma victims established in
rules adopted under sections 4765.11 and 4765.40 of the Revised
Code and any applicable protocols adopted by the emergency medical
service organization with which the EMT-I is affiliated.
(D) In addition to, and in the course of, providing emergency
medical treatment, an emergency medical technician-intermediate
may withdraw blood as provided under sections 1547.11, 4506.17,
and 4511.19 of the Revised Code. An emergency medical
technician-intermediate shall withdraw blood in accordance with
this chapter and any rules adopted under it by the state board of
emergency medical, fire, and transportation services.
Sec. 4765.39. (A) An emergency medical technician-paramedic
shall perform the emergency medical services described in this
section in accordance with this chapter and any rules adopted
under it.
(B) A paramedic may do any of the following:
(1) Perform cardiac monitoring;
(2) Perform electrical interventions to support or correct
the cardiac function;
(3) Perform airway procedures;
(4) Perform relief of pneumothorax;
(5) Administer appropriate drugs and intravenous fluids;
(6) Determine triage of adult and pediatric trauma victims;
(7) Perform any other emergency medical services, including
life support or intensive care techniques, approved pursuant to
rules adopted under section 4765.11 of the Revised Code.
(C)(1) Except as provided in division (C)(2) of this section,
the services described in division (B) of this section shall be
performed by a paramedic only pursuant to the written or verbal
authorization of a physician or of the cooperating physician
advisory board, or pursuant to an authorization transmitted
through a direct communication device by a physician or registered
nurse designated by a physician.
(2) If communications fail during an emergency situation or
the required response time prohibits communication, a paramedic
may perform any of the services described in division (B) of this
section, if, in the paramedic's judgment, the life of the patient
is in immediate danger. Services performed under these
circumstances shall be performed in accordance with the protocols
for triage of adult and pediatric trauma victims established in
rules adopted under sections 4765.11 and 4765.40 of the Revised
Code and any applicable protocols adopted by the emergency medical
service organization with which the paramedic is affiliated.
(D) In addition to, and in the course of, providing emergency
medical treatment, an emergency medical technician-paramedic may
withdraw blood as provided under sections 1547.11, 4506.17, and
4511.19 of the Revised Code. An emergency medical
technician-paramedic shall withdraw blood in accordance with this
chapter and any rules adopted under it by the state board of
emergency medical, fire, and transportation services.
Sec. 4765.40. (A)(1) Not later than two years after the
effective date of this amendment November 3, 2000, the state board
of emergency medical, fire, and transportation services shall
adopt rules under section 4765.11 of the Revised Code establishing
written protocols for the triage of adult and pediatric trauma
victims. The rules shall define adult and pediatric trauma in a
manner that is consistent with section 4765.01 of the Revised
Code, minimizes overtriage and undertriage, and emphasizes the
special needs of pediatric and geriatric trauma patients.
(2) The state triage protocols adopted under division (A) of
this section shall require a trauma victim to be transported
directly to an adult or pediatric trauma center that is qualified
to provide appropriate adult or pediatric trauma care, unless one
or more of the following exceptions applies:
(a) It is medically necessary to transport the victim to
another hospital for initial assessment and stabilization before
transfer to an adult or pediatric trauma center;
(b) It is unsafe or medically inappropriate to transport the
victim directly to an adult or pediatric trauma center due to
adverse weather or ground conditions or excessive transport time;
(c) Transporting the victim to an adult or pediatric trauma
center would cause a shortage of local emergency medical service
resources;
(d) No appropriate adult or pediatric trauma center is able
to receive and provide adult or pediatric trauma care to the
trauma victim without undue delay;
(e) Before transport of a patient begins, the patient
requests to be taken to a particular hospital that is not a trauma
center or, if the patient is less than eighteen years of age or is
not able to communicate, such a request is made by an adult member
of the patient's family or a legal representative of the patient.
(3)(a) The state triage protocols adopted under division (A)
of this section shall require trauma patients to be transported to
an adult or pediatric trauma center that is able to provide
appropriate adult or pediatric trauma care, but shall not require
a trauma patient to be transported to a particular trauma center.
The state triage protocols shall establish one or more procedures
for evaluating whether an injury victim requires or would benefit
from adult or pediatric trauma care, which procedures shall be
applied by emergency medical service personnel based on the
patient's medical needs. In developing state trauma triage
protocols, the board shall consider relevant model triage rules
and shall consult with the commission on minority health, regional
directors, regional physician advisory boards, and appropriate
medical, hospital, and emergency medical service organizations.
(b) Before the joint committee on agency rule review
considers state triage protocols for trauma victims proposed by
the state board of emergency medical, fire, and transportation
services, or amendments thereto, the board shall send a copy of
the proposal to the Ohio chapter of the American college of
emergency physicians, the Ohio chapter of the American college of
surgeons, the Ohio chapter of the American academy of pediatrics,
OHA: the association for hospitals and health systems, the Ohio
osteopathic association, and the association of Ohio children's
hospitals and shall hold a public hearing at which it must
consider the appropriateness of the protocols to minimize
overtriage and undertriage of trauma victims.
(c) The board shall provide copies of the state triage
protocols, and amendments to the protocols, to each emergency
medical service organization, regional director, regional
physician advisory board, certified emergency medical service
instructor, and person who regularly provides medical direction to
emergency medical service personnel in the state; to each medical
service organization in other jurisdictions that regularly provide
emergency medical services in this state; and to others upon
request.
(B)(1) The state board of emergency medical, fire, and
transportation services shall approve regional protocols for the
triage of adult and pediatric trauma victims, and amendments to
such protocols, that are submitted to the board as provided in
division (B)(2) of this section and provide a level of adult and
pediatric trauma care comparable to the state triage protocols
adopted under division (A) of this section. The board shall not
otherwise approve regional triage protocols for trauma victims.
The board shall not approve regional triage protocols for regions
that overlap and shall resolve any such disputes by apportioning
the overlapping territory among appropriate regions in a manner
that best serves the medical needs of the residents of that
territory. The trauma committee of the board shall have reasonable
opportunity to review and comment on regional triage protocols and
amendments to such protocols before the board approves or
disapproves them.
(2) Regional protocols for the triage of adult and pediatric
trauma victims, and amendments to such protocols, shall be
submitted in writing to the state board of emergency medical,
fire, and transportation services by the regional physician
advisory board or regional director, as appropriate, that serves a
majority of the population in the region in which the protocols
apply. Prior to submitting regional triage protocols, or an
amendment to such protocols, to the state board of emergency
medical, fire, and transportation services, a regional physician
advisory board or regional director shall consult with each of the
following that regularly serves the region in which the protocols
apply:
(a) Other regional physician advisory boards and regional
directors;
(b) Hospitals that operate an emergency facility;
(c) Adult and pediatric trauma centers;
(d) Professional societies of physicians who specialize in
adult or pediatric emergency medicine or adult or pediatric trauma
surgery;
(e) Professional societies of nurses who specialize in adult
or pediatric emergency nursing or adult or pediatric trauma
surgery;
(f) Professional associations or labor organizations of
emergency medical service personnel;
(g) Emergency medical service organizations and medical
directors of such organizations;
(h) Certified emergency medical service instructors.
(3) Regional protocols for the triage of adult and pediatric
trauma victims approved under division (B)(2) of this section
shall require patients to be transported to a trauma center that
is able to provide an appropriate level of adult or pediatric
trauma care; shall not discriminate among trauma centers for
reasons not related to a patient's medical needs; shall seek to
minimize undertriage and overtriage; may include any of the
exceptions in division (A)(2) of this section; and supersede the
state triage protocols adopted under division (A) of this section
in the region in which the regional protocols apply.
(4) Upon approval of regional protocols for the triage of
adult and pediatric trauma victims under division (B)(2) of this
section, or an amendment to such protocols, the state board of
emergency medical, fire, and transportation services shall provide
written notice of the approval and a copy of the protocols or
amendment to each entity in the region in which the protocols
apply to which the board is required to send a copy of the state
triage protocols adopted under division (A) of this section.
(C)(1) The state board of emergency medical, fire, and
transportation services shall review the state triage protocols
adopted under division (A) of this section at least every three
years to determine if they are causing overtriage or undertriage
of trauma patients, and shall modify them as necessary to minimize
overtriage and undertriage.
(2) Each regional physician advisory board or regional
director that has had regional triage protocols approved under
division (B)(2) of this section shall review the protocols at
least every three years to determine if they are causing
overtriage or undertriage of trauma patients and shall submit an
appropriate amendment to the state board, as provided in division
(B) of this section, as necessary to minimize overtriage and
undertriage. The state board shall approve the amendment if it
will reduce overtriage or undertriage while complying with
division (B) of this section, and shall not otherwise approve the
amendment.
(D) No provider of emergency medical services or person who
provides medical direction to emergency medical service personnel
in this state shall fail to comply with the state triage protocols
adopted under division (A) of this section or applicable regional
triage protocols approved under division (B)(2) of this section.
(E) The state board of emergency medical, fire, and
transportation services shall adopt rules under section 4765.11 of
the Revised Code that provide for enforcement of the state triage
protocols adopted under division (A) of this section and regional
triage protocols approved under division (B)(2) of this section,
and for education regarding those protocols for emergency medical
service organizations and personnel, regional directors and
regional physician advisory boards, emergency medical service
instructors, and persons who regularly provide medical direction
to emergency medical service personnel in this state.
Sec. 4765.42. Each emergency medical service organization
shall give notice of the name of its medical director or the names
of the members of its cooperating physician advisory board to the
state board of emergency medical, fire, and transportation
services. The notice shall be made in writing.
Sec. 4765.48. The attorney general, the prosecuting attorney
of the county, or the city director of law shall, upon complaint
of the state board of emergency medical, fire, and transportation
services, prosecute to termination or bring an action for
injunction against any person violating this chapter or the rules
adopted under it. The common pleas court in which an action for
injunction is filed has the jurisdiction to grant injunctive
relief upon a showing that the respondent named in the complaint
is in violation of this chapter or the rules adopted under it.
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 (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, fire, and transportation 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) The executive director of the state board
of emergency medical, fire, and transportation services, with the
advice and counsel of the firefighter and fire safety inspector
training committee of the state board of emergency medical, fire,
and transportation 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) and (5) 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, fire, and transportation
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, fire, and transportation
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, fire, and transportation
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, fire, and transportation
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.
Sec. 4765.56. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the state board of emergency medical,
fire, and transportation services shall comply with sections
3123.41 to 3123.50 of the Revised Code and any applicable rules
adopted under section 3123.63 of the Revised Code with respect to
a certificate to practice issued pursuant to this chapter.
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 an organization
that furnishes, conducts, maintains, advertises, promotes, or
otherwise engages in providing medical services with a rotorcraft
air ambulance or fixed wing air ambulance.
(C) "Air medical transportation" means the transporting of a
patient by rotorcraft air ambulance or fixed wing air ambulance
with appropriately licensed and certified medical personnel.
(D) "Ambulance" means any motor vehicle that is specifically
designed, constructed, or modified and equipped and is intended to
be used 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.
(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 EMT is certified to
perform.
(G) "Disaster situation" means any condition or situation
described by rule of the Ohio state board of emergency medical,
fire, and transportation board services as a mass casualty, major
emergency, natural disaster, or national emergency.
(H) "Emergency medical service organization" means an
organization that uses EMTs-basic EMTs,
EMTs-I advanced EMTs, or
paramedics, or a combination of EMTs-basic EMTs, EMTs-I advanced
EMTs, and paramedics, 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.
(I) "EMT-basic EMT," "EMT-I advanced EMT," and "paramedic"
have the same meanings as in section 4765.01 of the Revised Code.
(J) "Fixed wing air ambulance" means a fixed wing aircraft
that is specifically designed, constructed, or modified and
equipped and is intended to be used 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 advanced EMT is
certified to perform.
(L) "Major emergency" means any emergency event that cannot
be resolved through the use of locally available emergency
resources.
(M) "Mass casualty" means an emergency event that results in
ten or more persons being injured, incapacitated, made ill, or
killed.
(N) "Medical emergency" means an unforeseen event affecting
an individual in such a manner that a need for immediate care is
created.
(O) "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.
(P)(1) "Nonemergency medical service organization" means a
person that does both of the following:
(a) Provides services to the public on a regular basis for
the purpose of transporting individuals who require the use of a
wheelchair or are confined to a wheelchair 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) "Nonemergency 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.
(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.
(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, 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 that is specifically designed, constructed, or modified
and equipped and is intended to be used as a means of air medical
transportation.
Sec. 4766.03. (A) The Ohio state board of emergency medical,
fire, and transportation board services 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 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 or who require
the use of a wheelchair or are confined to a wheelchair unless the
person is licensed pursuant to this section.
(B) To qualify for a license as a basic life-support,
intermediate life-support, advanced life-support, 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 state board of emergency medical, fire, and transportation
board
services 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 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 qualify for a license to provide ambulette service, a
nonemergency 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 state board of emergency medical, fire, and transportation
board
services 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 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 state board of emergency medical, fire, and transportation
board
services regarding rotorcraft air ambulances and fixed wing
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 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,
advanced life-support, or mobile intensive care unit organization;
a nonemergency 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) For emergency medical service organizations and
nonemergency 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 hours
on airframe;
(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 hours on
airframe, 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;
(8) A description of the geographic area to be served by the
applicant;
(9) Any other information the board, by rule, determines
necessary.
(F) Within sixty days after receiving a completed application
for licensure as a basic life-support, intermediate life-support,
advanced life-support, 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.
(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.
(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. 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.
(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 state board of emergency medical,
fire, and transportation board services 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 March 9, 2004. 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
occupational licensing trauma and regulatory emergency medical
services fund, which is created by section 4743.05 4513.263 of the
Revised Code. 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. 4766.07. (A) Except as otherwise provided by rule of
the Ohio state board of emergency medical, fire, and
transportation board
services, each emergency medical service
organization, nonemergency 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
state board of emergency
medical, fire, and transportation board services 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 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.
The Ohio state board of emergency medical, fire, and
transportation
board services may adopt rules in accordance with
Chapter 119. of the Revised Code to authorize the temporary use of
a vehicle or aircraft for which a permit is not possessed under
this section in back-up or disaster situations.
(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, 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 board the vehicle or aircraft for
which the permit is sought. Thereafter, a licensee shall annually
submit to the board each vehicle or aircraft for which a permit
has been issued.
(1) The 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 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.
(6) The board shall adopt rules regarding the implementation
and coordination of 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 state board of emergency medical,
fire, and transportation board may services, pursuant to an
adjudication conducted in accordance with Chapter 119. of the
Revised Code, may 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, 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,
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, ambulette, 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, ambulette, 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;
(L) Emergency medical service personnel who are regulated by
the state board of emergency medical, fire, and transportation
services under Chapter 4765. of the Revised Code;
(M) Any of the following that operates a transit bus, as that
term is defined in division (Q) of section 5735.01 of the Revised
Code, unless the entity provides ambulette services that are
reimbursed under the state medicaid plan:
(1) A public nonemergency medical service organization;
(2) An urban or rural public transit system;
(3) A private nonprofit organization that receives grants
under section 5501.07 of the Revised Code.
(N)(1) An entity, to the extent it provides ambulette
services, if the entity meets all of the following conditions:
(a) The entity is certified by the department of aging or the
department's designee in accordance with section 173.391 of the
Revised Code or operates under a contract or grant agreement with
the department or the department's designee in accordance with
section 173.392 of the Revised Code.
(b) The entity meets the requirements of section 4766.14 of
the Revised Code.
(c) The entity does not provide ambulette services that are
reimbursed under the state medicaid plan.
(2) A vehicle, to the extent it is used to provide ambulette
services, if the vehicle meets both of the following conditions:
(a) The vehicle is owned by an entity that meets the
conditions specified in division (N)(1) of this section.
(b) The vehicle does not provide ambulette services that are
reimbursed under the state medicaid plan.
(O) A vehicle that meets both of the following criteria,
unless the vehicle provides services that are reimbursed under the
state medicaid plan:
(1) The vehicle was purchased with funds from a grant made by
the United States secretary of transportation under 49 U.S.C.
5310;
(2) The department of transportation holds a lien on the
vehicle.
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
state board of emergency medical, fire, and transportation board
services, 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. (A) The Ohio state board of emergency medical,
fire, and transportation board services 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.
(B) The medical transportation board may suspend a license
issued under this chapter without a prior hearing if it determines
that there is evidence that the license holder is subject to
action under this section and that there is clear and convincing
evidence that continued operation by the license holder presents a
danger of immediate and serious harm to the public. The
chairperson and executive director of the board shall make a
preliminary determination and describe the evidence on which they
made their determination to the board members. The board by
resolution may designate another board member to act in place of
the chairperson or another employee to act in place of the
executive director in the event that the chairperson or executive
director is unavailable or unable to act. Upon review of the
allegations, the board, by the affirmative vote of at least four a
majority of its members, may suspend the license without a
hearing.
Any method of communication, including a telephone conference
call, may be utilized for describing the evidence to the board
members, for reviewing the allegations, and for voting on the
suspension.
Immediately following the decision by the board to suspend a
license under this division, the board shall issue a written order
of suspension and cause it to be delivered in accordance with
section 119.07 of the Revised Code. If the license holder subject
to the suspension requests an adjudication hearing by the board,
the date set for the adjudication shall be within fifteen days but
not earlier than seven days after the request unless another date
is agreed to by the license holder and the board.
Any summary suspension imposed under this division remains in
effect, unless reversed by the board, until a final adjudicative
order issued by the board pursuant to this section and Chapter
119. of the Revised Code becomes effective. The board shall issue
its final adjudicative order not less than ninety days after
completion of its adjudication hearing. Failure to issue the order
by that day shall cause the summary suspension order to end, but
such failure shall not affect the validity of any subsequent final
adjudication order.
Sec. 4766.12. If a county, township, joint ambulance
district, or joint emergency medical services district chooses to
have the Ohio state board of emergency medical, fire, and
transportation
board services 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 state board of emergency medical,
fire, and transportation board services, by endorsement, may
license and issue vehicle permits to an emergency medical service
organization or a nonemergency 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 state board of emergency
medical, fire, and transportation board services.
(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, drug of abuse, controlled substance, or metabolite of
a controlled substance content of the applicant's whole blood,
blood serum or plasma, 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 state board of emergency
medical, fire, and transportation board services 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. 4766.22. (A) Not later than forty-five days after the
end of each fiscal year, the Ohio state board of emergency
medical, fire, and transportation board services shall submit a
report to the governor and general assembly that provides all of
the following information for that fiscal year:
(1) The number of each of the following the board issued:
(a) Basic life-support organization licenses;
(b) Intermediate life-support organization licenses;
(c) Advanced life-support organization licenses;
(d) Mobile intensive care unit organization licenses;
(e) Ambulette service licenses;
(f) Air medical service organization licenses;
(h) Nontransport vehicle permits;
(i) Ambulette vehicle permits;
(j) Rotorcraft air ambulance permits;
(k) Fixed wing air ambulance permits.
(2) The amount of fees the board collected for issuing and
renewing each type of license and permit specified in division
(A)(1) of this section;
(3) The number of inspections the board or a third party on
the board's behalf conducted in connection with each type of
license and permit specified in division (A)(1) of this section
and the amount of fees the board collected for the inspections;
(4) The number of complaints that were submitted to the
board;
(5) The number of investigations the board conducted under
section 4766.11 of the Revised Code;
(6) The number of adjudication hearings the board held and
the outcomes of the adjudications;
(7) The amount of penalties the board imposed and collected
under section 4766.08 of the Revised Code;
(8) Other information the board determines reflects the
board's operations.
(B) The board shall post the annual report required by this
section on its web site and make it available to the public on
request.
Sec. 5502.01. (A) The department of public safety shall
administer and enforce the laws relating to the registration,
licensing, sale, and operation of motor vehicles and the laws
pertaining to the licensing of drivers of motor vehicles.
The department shall compile, analyze, and publish statistics
relative to motor vehicle accidents and the causes of them,
prepare and conduct educational programs for the purpose of
promoting safety in the operation of motor vehicles on the
highways, and conduct research and studies for the purpose of
promoting safety on the highways of this state.
(B) The department shall administer the laws and rules
relative to trauma and emergency medical services specified in
Chapter 4765. of the Revised Code and any laws and rules relative
to commercial medical transportation services as may be specified
in Chapter 4766. of the Revised Code.
(C) The department shall administer and enforce the laws
contained in Chapters 4301. and 4303. of the Revised Code and
enforce the rules and orders of the liquor control commission
pertaining to retail liquor permit holders.
(D) The department shall administer the laws governing the
state emergency management agency and shall enforce all additional
duties and responsibilities as prescribed in the Revised Code
related to emergency management services.
(E) The department shall conduct investigations pursuant to
Chapter 5101. of the Revised Code in support of the duty of the
department of job and family services to administer the
supplemental nutrition assistance program throughout this state.
The department of public safety shall conduct investigations
necessary to protect the state's property rights and interests in
the supplemental nutrition assistance program.
(F) The department of public safety shall enforce compliance
with orders and rules of the public utilities commission and
applicable laws in accordance with Chapters 4905., 4921., and
4923. of the Revised Code regarding commercial motor vehicle
transportation safety, economic, and hazardous materials
requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the
department of public safety may establish requirements for its
enforcement personnel, including its enforcement agents described
in section 5502.14 of the Revised Code, that include standards of
conduct, work rules and procedures, and criteria for eligibility
as law enforcement personnel.
(H) The department shall administer, maintain, and operate
the Ohio criminal justice network. The Ohio criminal justice
network shall be a computer network that supports state and local
criminal justice activities. The network shall be an electronic
repository for various data, which may include arrest warrants,
notices of persons wanted by law enforcement agencies, criminal
records, prison inmate records, stolen vehicle records, vehicle
operator's licenses, and vehicle registrations and titles.
(I) The department shall coordinate all homeland security
activities of all state agencies and shall be a liaison between
state agencies and local entities for those activities and related
purposes.
(J) Beginning July 1, 2004, the department shall administer
and enforce the laws relative to private investigators and
security service providers specified in Chapter 4749. of the
Revised Code.
(K) The department shall administer criminal justice services
in accordance with sections 5502.61 to 5502.66 of the Revised
Code.
Sec. 5709.40. (A) As used in this section:
(1) "Blighted area" and "impacted city" have the same
meanings as in section 1728.01 of the Revised Code.
(2) "Business day" means a day of the week excluding
Saturday, Sunday, and a legal holiday as defined under section
1.14 of the Revised Code.
(3) "Housing renovation" means a project carried out for
residential purposes.
(4) "Improvement" means the increase in the assessed value of
any real property that would first appear above the assessed value
of the property as it appears on the most recent tax list and
duplicate of real and public utility property after compiled
before the effective date of an ordinance adopted under this
section were it not for the exemption granted by that ordinance.
(5) "Incentive district" means an area not more than three
hundred acres in size enclosed by a continuous boundary in which a
project is being, or will be, undertaken and having one or more of
the following distress characteristics:
(a) At least fifty-one per cent of the residents of the
district have incomes of less than eighty per cent of the median
income of residents of the political subdivision in which the
district is located, as determined in the same manner specified
under section 119(b) of the "Housing and Community Development Act
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;
(b) The average rate of unemployment in the district during
the most recent twelve-month period for which data are available
is equal to at least one hundred fifty per cent of the average
rate of unemployment for this state for the same period.
(c) At least twenty per cent of the people residing in the
district live at or below the poverty level as defined in the
federal Housing and Community Development Act of 1974, 42 U.S.C.
5301, as amended, and regulations adopted pursuant to that act.
(d) The district is a blighted area.
(e) The district is in a situational distress area as
designated by the director of development under division (F) of
section 122.23 of the Revised Code.
(f) As certified by the engineer for the political
subdivision, the public infrastructure serving the district is
inadequate to meet the development needs of the district as
evidenced by a written economic development plan or urban renewal
plan for the district that has been adopted by the legislative
authority of the subdivision.
(g) The district is comprised entirely of unimproved land
that is located in a distressed area as defined in section 122.23
of the Revised Code.
(6) "Project" means development activities undertaken on one
or more parcels, including, but not limited to, construction,
expansion, and alteration of buildings or structures, demolition,
remediation, and site development, and any building or structure
that results from those activities.
(7) "Public infrastructure improvement" includes, but is not
limited to, public roads and highways; water and sewer lines;
environmental remediation; land acquisition, including acquisition
in aid of industry, commerce, distribution, or research;
demolition, including demolition on private property when
determined to be necessary for economic development purposes;
stormwater and flood remediation projects, including such projects
on private property when determined to be necessary for public
health, safety, and welfare; the provision of gas, electric, and
communications service facilities; and the enhancement of public
waterways through improvements that allow for greater public
access.
(B) The legislative authority of a municipal corporation, by
ordinance, may declare improvements to certain parcels of real
property located in the municipal corporation to be a public
purpose. Improvements with respect to a parcel that is used or to
be used for residential purposes may be declared a public purpose
under this division only if the parcel is located in a blighted
area of an impacted city. For this purpose, "parcel that is used
or to be used for residential purposes" means a parcel that, as
improved, is used or to be used for purposes that would cause the
tax commissioner to classify the parcel as residential property in
accordance with rules adopted by the commissioner under section
5713.041 of the Revised Code. Except with the approval under
division (D) of this section of the board of education of each
city, local, or exempted village school district within which the
improvements are located, not more than seventy-five per cent of
an improvement thus declared to be a public purpose may be
exempted from real property taxation for a period of not more than
ten years. The ordinance shall specify the percentage of the
improvement to be exempted from taxation and the life of the
exemption.
An ordinance adopted or amended under this division shall
designate the specific public infrastructure improvements made, to
be made, or in the process of being made by the municipal
corporation that directly benefit, or that once made will directly
benefit, the parcels for which improvements are declared to be a
public purpose. The service payments provided for in section
5709.42 of the Revised Code shall be used to finance the public
infrastructure improvements designated in the ordinance, for the
purpose described in division (D)(1) of this section or as
provided in section 5709.43 of the Revised Code.
(C)(1) The legislative authority of a municipal corporation
may adopt an ordinance creating an incentive district and
declaring improvements to parcels within the district to be a
public purpose and, except as provided in division (F) of this
section, exempt from taxation as provided in this section, but no
legislative authority of a municipal corporation that has a
population that exceeds twenty-five thousand, as shown by the most
recent federal decennial census, shall adopt an ordinance that
creates an incentive district if the sum of the taxable value of
real property in the proposed district for the preceding tax year
and the taxable value of all real property in the municipal
corporation that would have been taxable in the preceding year
were it not for the fact that the property was in an existing
incentive district and therefore exempt from taxation exceeds
twenty-five per cent of the taxable value of real property in the
municipal corporation for the preceding tax year. The ordinance
shall delineate the boundary of the district and specifically
identify each parcel within the district. A district may not
include any parcel that is or has been exempted from taxation
under division (B) of this section or that is or has been within
another district created under this division. An ordinance may
create more than one such district, and more than one ordinance
may be adopted under division (C)(1) of this section.
(2) Not later than thirty days prior to adopting an ordinance
under division (C)(1) of this section, if the municipal
corporation intends to apply for exemptions from taxation under
section 5709.911 of the Revised Code on behalf of owners of real
property located within the proposed incentive district, the
legislative authority of a municipal corporation shall conduct a
public hearing on the proposed ordinance. Not later than thirty
days prior to the public hearing, the legislative authority shall
give notice of the public hearing and the proposed ordinance by
first class mail to every real property owner whose property is
located within the boundaries of the proposed incentive district
that is the subject of the proposed ordinance.
(3)(a) An ordinance adopted under division (C)(1) of this
section shall specify the life of the incentive district and the
percentage of the improvements to be exempted, shall designate the
public infrastructure improvements made, to be made, or in the
process of being made, that benefit or serve, or, once made, will
benefit or serve parcels in the district. The ordinance also shall
identify one or more specific projects being, or to be, undertaken
in the district that place additional demand on the public
infrastructure improvements designated in the ordinance. The
project identified may, but need not be, the project under
division (C)(3)(b) of this section that places real property in
use for commercial or industrial purposes. Except as otherwise
permitted under that division, the service payments provided for
in section 5709.42 of the Revised Code shall be used to finance
the designated public infrastructure improvements, for the purpose
described in division (D)(1) or (E) of this section, or as
provided in section 5709.43 of the Revised Code.
An ordinance adopted under division (C)(1) of this section on
or after March 30, 2006, shall not designate police or fire
equipment as public infrastructure improvements, and no service
payment provided for in section 5709.42 of the Revised Code and
received by the municipal corporation under the ordinance shall be
used for police or fire equipment.
(b) An ordinance adopted under division (C)(1) of this
section may authorize the use of service payments provided for in
section 5709.42 of the Revised Code for the purpose of housing
renovations within the incentive district, provided that the
ordinance also designates public infrastructure improvements that
benefit or serve the district, and that a project within the
district places real property in use for commercial or industrial
purposes. Service payments may be used to finance or support
loans, deferred loans, and grants to persons for the purpose of
housing renovations within the district. The ordinance shall
designate the parcels within the district that are eligible for
housing renovation. The ordinance shall state separately the
amounts or the percentages of the expected aggregate service
payments that are designated for each public infrastructure
improvement and for the general purpose of housing renovations.
(4) Except with the approval of the board of education of
each city, local, or exempted village school district within the
territory of which the incentive district is or will be located,
and subject to division (E) of this section, the life of an
incentive district shall not exceed ten years, and the percentage
of improvements to be exempted shall not exceed seventy-five per
cent. With approval of the board of education, the life of a
district may be not more than thirty years, and the percentage of
improvements to be exempted may be not more than one hundred per
cent. The approval of a board of education shall be obtained in
the manner provided in division (D) of this section.
(D)(1) If the ordinance declaring improvements to a parcel to
be a public purpose or creating an incentive district specifies
that payments in lieu of taxes provided for in section 5709.42 of
the Revised Code shall be paid to the city, local, or exempted
village, and joint vocational school district in which the parcel
or incentive district is located in the amount of the taxes that
would have been payable to the school district if the improvements
had not been exempted from taxation, the percentage of the
improvement that may be exempted from taxation may exceed
seventy-five per cent, and the exemption may be granted for up to
thirty years, without the approval of the board of education as
otherwise required under division (D)(2) of this section.
(2) Improvements with respect to a parcel may be exempted
from taxation under division (B) of this section, and improvements
to parcels within an incentive district may be exempted from
taxation under division (C) of this section, for up to ten years
or, with the approval under this paragraph of the board of
education of the city, local, or exempted village school district
within which the parcel or district is located, for up to thirty
years. The percentage of the improvement exempted from taxation
may, with such approval, exceed seventy-five per cent, but shall
not exceed one hundred per cent. Not later than forty-five
business days prior to adopting an ordinance under this section
declaring improvements to be a public purpose that is subject to
approval by a board of education under this division, the
legislative authority shall deliver to the board of education a
notice stating its intent to adopt an ordinance making that
declaration. The notice regarding improvements with respect to a
parcel under division (B) of this section shall identify the
parcels for which improvements are to be exempted from taxation,
provide an estimate of the true value in money of the
improvements, specify the period for which the improvements would
be exempted from taxation and the percentage of the improvement
that would be exempted, and indicate the date on which the
legislative authority intends to adopt the ordinance. The notice
regarding improvements to parcels within an incentive district
under division (C) of this section shall delineate the boundaries
of the district, specifically identify each parcel within the
district, identify each anticipated improvement in the district,
provide an estimate of the true value in money of each such
improvement, specify the life of the district and the percentage
of improvements that would be exempted, and indicate the date on
which the legislative authority intends to adopt the ordinance.
The board of education, by resolution adopted by a majority of the
board, may approve the exemption for the period or for the
exemption percentage specified in the notice; may disapprove the
exemption for the number of years in excess of ten, may disapprove
the exemption for the percentage of the improvement to be exempted
in excess of seventy-five per cent, or both; or may approve the
exemption on the condition that the legislative authority and the
board negotiate an agreement providing for compensation to the
school district equal in value to a percentage of the amount of
taxes exempted in the eleventh and subsequent years of the
exemption period or, in the case of exemption percentages in
excess of seventy-five per cent, compensation equal in value to a
percentage of the taxes that would be payable on the portion of
the improvement in excess of seventy-five per cent were that
portion to be subject to taxation, or other mutually agreeable
compensation. If an agreement is negotiated between the
legislative authority and the board to compensate the school
district for all or part of the taxes exempted, including
agreements for payments in lieu of taxes under section 5709.42 of
the Revised Code, the legislative authority shall compensate the
joint vocational school district within which the parcel or
district is located at the same rate and under the same terms
received by the city, local, or exempted village school district.
(3) The board of education shall certify its resolution to
the legislative authority not later than fourteen days prior to
the date the legislative authority intends to adopt the ordinance
as indicated in the notice. If the board of education and the
legislative authority negotiate a mutually acceptable compensation
agreement, the ordinance may declare the improvements a public
purpose for the number of years specified in the ordinance or, in
the case of exemption percentages in excess of seventy-five per
cent, for the exemption percentage specified in the ordinance. In
either case, if the board and the legislative authority fail to
negotiate a mutually acceptable compensation agreement, the
ordinance may declare the improvements a public purpose for not
more than ten years, and shall not exempt more than seventy-five
per cent of the improvements from taxation. If the board fails to
certify a resolution to the legislative authority within the time
prescribed by this division, the legislative authority thereupon
may adopt the ordinance and may declare the improvements a public
purpose for up to thirty years, or, in the case of exemption
percentages proposed in excess of seventy-five per cent, for the
exemption percentage specified in the ordinance. The legislative
authority may adopt the ordinance at any time after the board of
education certifies its resolution approving the exemption to the
legislative authority, or, if the board approves the exemption on
the condition that a mutually acceptable compensation agreement be
negotiated, at any time after the compensation agreement is agreed
to by the board and the legislative authority.
(4) If a board of education has adopted a resolution waiving
its right to approve exemptions from taxation under this section
and the resolution remains in effect, approval of exemptions by
the board is not required under division (D) of this section. If a
board of education has adopted a resolution allowing a legislative
authority to deliver the notice required under division (D) of
this section fewer than forty-five business days prior to the
legislative authority's adoption of the ordinance, the legislative
authority shall deliver the notice to the board not later than the
number of days prior to such adoption as prescribed by the board
in its resolution. If a board of education adopts a resolution
waiving its right to approve agreements or shortening the
notification period, the board shall certify a copy of the
resolution to the legislative authority. If the board of education
rescinds such a resolution, it shall certify notice of the
rescission to the legislative authority.
(5) If the legislative authority is not required by division
(D) of this section to notify the board of education of the
legislative authority's intent to declare improvements to be a
public purpose, the legislative authority shall comply with the
notice requirements imposed under section 5709.83 of the Revised
Code, unless the board has adopted a resolution under that section
waiving its right to receive such a notice.
(E)(1) If a proposed ordinance under division (C)(1) of this
section exempts improvements with respect to a parcel within an
incentive district for more than ten years, or the percentage of
the improvement exempted from taxation exceeds seventy-five per
cent, not later than forty-five business days prior to adopting
the ordinance the legislative authority of the municipal
corporation shall deliver to the board of county commissioners of
the county within which the incentive district will be located a
notice that states its intent to adopt an ordinance creating an
incentive district. The notice shall include a copy of the
proposed ordinance, identify the parcels for which improvements
are to be exempted from taxation, provide an estimate of the true
value in money of the improvements, specify the period of time for
which the improvements would be exempted from taxation, specify
the percentage of the improvements that would be exempted from
taxation, and indicate the date on which the legislative authority
intends to adopt the ordinance.
(2) The board of county commissioners, by resolution adopted
by a majority of the board, may object to the exemption for the
number of years in excess of ten, may object to the exemption for
the percentage of the improvement to be exempted in excess of
seventy-five per cent, or both. If the board of county
commissioners objects, the board may negotiate a mutually
acceptable compensation agreement with the legislative authority.
In no case shall the compensation provided to the board exceed the
property taxes forgone due to the exemption. If the board of
county commissioners objects, and the board and legislative
authority fail to negotiate a mutually acceptable compensation
agreement, the ordinance adopted under division (C)(1) of this
section shall provide to the board compensation in the eleventh
and subsequent years of the exemption period equal in value to not
more than fifty per cent of the taxes that would be payable to the
county or, if the board's objection includes an objection to an
exemption percentage in excess of seventy-five per cent,
compensation equal in value to not more than fifty per cent of the
taxes that would be payable to the county, on the portion of the
improvement in excess of seventy-five per cent, were that portion
to be subject to taxation. The board of county commissioners shall
certify its resolution to the legislative authority not later than
thirty days after receipt of the notice.
(3) If the board of county commissioners does not object or
fails to certify its resolution objecting to an exemption within
thirty days after receipt of the notice, the legislative authority
may adopt the ordinance, and no compensation shall be provided to
the board of county commissioners. If the board timely certifies
its resolution objecting to the ordinance, the legislative
authority may adopt the ordinance at any time after a mutually
acceptable compensation agreement is agreed to by the board and
the legislative authority, or, if no compensation agreement is
negotiated, at any time after the legislative authority agrees in
the proposed ordinance to provide compensation to the board of
fifty per cent of the taxes that would be payable to the county in
the eleventh and subsequent years of the exemption period or on
the portion of the improvement in excess of seventy-five per cent,
were that portion to be subject to taxation.
(F) Service payments in lieu of taxes that are attributable
to any amount by which the effective tax rate of either a renewal
levy with an increase or a replacement levy exceeds the effective
tax rate of the levy renewed or replaced, or that are attributable
to an additional levy, for a levy authorized by the voters for any
of the following purposes on or after January 1, 2006, and which
are provided pursuant to an ordinance creating an incentive
district under division (C)(1) of this section that is adopted on
or after January 1, 2006, shall be distributed to the appropriate
taxing authority as required under division (C) of section 5709.42
of the Revised Code in an amount equal to the amount of taxes from
that additional levy or from the increase in the effective tax
rate of such renewal or replacement levy that would have been
payable to that taxing authority from the following levies were it
not for the exemption authorized under division (C) of this
section:
(1) A tax levied under division (L) of section 5705.19 or
section 5705.191 of the Revised Code for community mental
retardation and developmental disabilities programs and services
pursuant to Chapter 5126. of the Revised Code;
(2) A tax levied under division (Y) of section 5705.19 of the
Revised Code for providing or maintaining senior citizens services
or facilities;
(3) A tax levied under section 5705.22 of the Revised Code
for county hospitals;
(4) A tax levied by a joint-county district or by a county
under section 5705.19, 5705.191, or 5705.221 of the Revised Code
for alcohol, drug addiction, and mental health services or
facilities;
(5) A tax levied under section 5705.23 of the Revised Code
for library purposes;
(6) A tax levied under section 5705.24 of the Revised Code
for the support of children services and the placement and care of
children;
(7) A tax levied under division (Z) of section 5705.19 of the
Revised Code for the provision and maintenance of zoological park
services and facilities under section 307.76 of the Revised Code;
(8) A tax levied under section 511.27 or division (H) of
section 5705.19 of the Revised Code for the support of township
park districts;
(9) A tax levied under division (A), (F), or (H) of section
5705.19 of the Revised Code for parks and recreational purposes of
a joint recreation district organized pursuant to division (B) of
section 755.14 of the Revised Code;
(10) A tax levied under section 1545.20 or 1545.21 of the
Revised Code for park district purposes;
(11) A tax levied under section 5705.191 of the Revised Code
for the purpose of making appropriations for public assistance;
human or social services; public relief; public welfare; public
health and hospitalization; and support of general hospitals;
(12) A tax levied under section 3709.29 of the Revised Code
for a general health district program.
(G) An exemption from taxation granted under this section
commences with the tax year specified in the ordinance so long as
the year specified in the ordinance commences after the effective
date of the ordinance. If the ordinance specifies a year
commencing before the effective date of the resolution or
specifies no year whatsoever, the exemption commences with the tax
year in which an exempted improvement first appears on the tax
list and duplicate of real and public utility property and that
commences after the effective date of the ordinance. Except as
otherwise provided in this division, the exemption ends on the
date specified in the ordinance as the date the improvement ceases
to be a public purpose or the incentive district expires, or ends
on the date on which the public infrastructure improvements and
housing renovations are paid in full from the municipal public
improvement tax increment equivalent fund established under
division (A) of section 5709.43 of the Revised Code, whichever
occurs first. The exemption of an improvement with respect to a
parcel or within an incentive district may end on a later date, as
specified in the ordinance, if the legislative authority and the
board of education of the city, local, or exempted village school
district within which the parcel or district is located have
entered into a compensation agreement under section 5709.82 of the
Revised Code with respect to the improvement, and the board of
education has approved the term of the exemption under division
(D)(2) of this section, but in no case shall the improvement be
exempted from taxation for more than thirty years. Exemptions
shall be claimed and allowed in the same manner as in the case of
other real property exemptions. If an exemption status changes
during a year, the procedure for the apportionment of the taxes
for that year is the same as in the case of other changes in tax
exemption status during the year.
(H) Additional municipal financing of public infrastructure
improvements and housing renovations may be provided by any
methods that the municipal corporation may otherwise use for
financing such improvements or renovations. If the municipal
corporation issues bonds or notes to finance the public
infrastructure improvements and housing renovations and pledges
money from the municipal public improvement tax increment
equivalent fund to pay the interest on and principal of the bonds
or notes, the bonds or notes are not subject to Chapter 133. of
the Revised Code.
(I) The municipal corporation, not later than fifteen days
after the adoption of an ordinance under this section, shall
submit to the director of development a copy of the ordinance. On
or before the thirty-first day of March of each year, the
municipal corporation shall submit a status report to the director
of development. The report shall indicate, in the manner
prescribed by the director, the progress of the project during
each year that an exemption remains in effect, including a summary
of the receipts from service payments in lieu of taxes;
expenditures of money from the funds created under section 5709.43
of the Revised Code; a description of the public infrastructure
improvements and housing renovations financed with such
expenditures; and a quantitative summary of changes in employment
and private investment resulting from each project.
(J) Nothing in this section shall be construed to prohibit a
legislative authority from declaring to be a public purpose
improvements with respect to more than one parcel.
(K) If a parcel is located in a new community district in
which the new community authority imposes a community development
charge on the basis of rentals received from leases of real
property as described in division (L)(2) of section 349.01 of the
Revised Code, the parcel may not be exempted from taxation under
this section.
Sec. 5709.73. (A) As used in this section and section
5709.74 of the Revised Code:
(1) "Business day" means a day of the week excluding
Saturday, Sunday, and a legal holiday as defined in section 1.14
of the Revised Code.
(2) "Further improvements" or "improvements" means the
increase in the assessed value of real property that would first
appear above the assessed value of the property as it appears on
the most recent tax list and duplicate of real and public utility
property after compiled before the effective date of a resolution
adopted under this section were it not for the exemption granted
by that resolution. For purposes of division (B) of this section,
"improvements" do not include any property used or to be used for
residential purposes. For this purpose, "property that is used or
to be used for residential purposes" means property that, as
improved, is used or to be used for purposes that would cause the
tax commissioner to classify the property as residential property
in accordance with rules adopted by the commissioner under section
5713.041 of the Revised Code.
(3) "Housing renovation" means a project carried out for
residential purposes.
(4) "Incentive district" has the same meaning as in section
5709.40 of the Revised Code, except that a blighted area is in the
unincorporated area of a township.
(5) "Project" and "public infrastructure improvement" have
the same meanings as in section 5709.40 of the Revised Code.
(B) A board of township trustees may, by unanimous vote,
adopt a resolution that declares to be a public purpose any public
infrastructure improvements made that are necessary for the
development of certain parcels of land located in the
unincorporated area of the township. Except with the approval
under division (D) of this section of the board of education of
each city, local, or exempted village school district within which
the improvements are located, the resolution may exempt from real
property taxation not more than seventy-five per cent of further
improvements to a parcel of land that directly benefits from the
public infrastructure improvements, for a period of not more than
ten years. The resolution shall specify the percentage of the
further improvements to be exempted and the life of the exemption.
(C)(1) A board of township trustees may adopt, by unanimous
vote, a resolution creating an incentive district and declaring
improvements to parcels within the district to be a public purpose
and, except as provided in division (F) of this section, exempt
from taxation as provided in this section, but no board of
township trustees of a township that has a population that exceeds
twenty-five thousand, as shown by the most recent federal
decennial census, shall adopt a resolution that creates an
incentive district if the sum of the taxable value of real
property in the proposed district for the preceding tax year and
the taxable value of all real property in the township that would
have been taxable in the preceding year were it not for the fact
that the property was in an existing incentive district and
therefore exempt from taxation exceeds twenty-five per cent of the
taxable value of real property in the township for the preceding
tax year. The district shall be located within the unincorporated
area of the township and shall not include any territory that is
included within a district created under division (B) of section
5709.78 of the Revised Code. The resolution shall delineate the
boundary of the district and specifically identify each parcel
within the district. A district may not include any parcel that is
or has been exempted from taxation under division (B) of this
section or that is or has been within another district created
under this division. A resolution may create more than one
district, and more than one resolution may be adopted under
division (C)(1) of this section.
(2) Not later than thirty days prior to adopting a resolution
under division (C)(1) of this section, if the township intends to
apply for exemptions from taxation under section 5709.911 of the
Revised Code on behalf of owners of real property located within
the proposed incentive district, the board shall conduct a public
hearing on the proposed resolution. Not later than thirty days
prior to the public hearing, the board shall give notice of the
public hearing and the proposed resolution by first class mail to
every real property owner whose property is located within the
boundaries of the proposed incentive district that is the subject
of the proposed resolution.
(3)(a) A resolution adopted under division (C)(1) of this
section shall specify the life of the incentive district and the
percentage of the improvements to be exempted, shall designate the
public infrastructure improvements made, to be made, or in the
process of being made, that benefit or serve, or, once made, will
benefit or serve parcels in the district. The resolution also
shall identify one or more specific projects being, or to be,
undertaken in the district that place additional demand on the
public infrastructure improvements designated in the resolution.
The project identified may, but need not be, the project under
division (C)(3)(b) of this section that places real property in
use for commercial or industrial purposes.
A resolution adopted under division (C)(1) of this section on
or after March 30, 2006, shall not designate police or fire
equipment as public infrastructure improvements, and no service
payment provided for in section 5709.74 of the Revised Code and
received by the township under the resolution shall be used for
police or fire equipment.
(b) A resolution adopted under division (C)(1) of this
section may authorize the use of service payments provided for in
section 5709.74 of the Revised Code for the purpose of housing
renovations within the incentive district, provided that the
resolution also designates public infrastructure improvements that
benefit or serve the district, and that a project within the
district places real property in use for commercial or industrial
purposes. Service payments may be used to finance or support
loans, deferred loans, and grants to persons for the purpose of
housing renovations within the district. The resolution shall
designate the parcels within the district that are eligible for
housing renovations. The resolution shall state separately the
amount or the percentages of the expected aggregate service
payments that are designated for each public infrastructure
improvement and for the purpose of housing renovations.
(4) Except with the approval of the board of education of
each city, local, or exempted village school district within the
territory of which the incentive district is or will be located,
and subject to division (E) of this section, the life of an
incentive district shall not exceed ten years, and the percentage
of improvements to be exempted shall not exceed seventy-five per
cent. With approval of the board of education, the life of a
district may be not more than thirty years, and the percentage of
improvements to be exempted may be not more than one hundred per
cent. The approval of a board of education shall be obtained in
the manner provided in division (D) of this section.
(D) Improvements with respect to a parcel may be exempted
from taxation under division (B) of this section, and improvements
to parcels within an incentive district may be exempted from
taxation under division (C) of this section, for up to ten years
or, with the approval of the board of education of the city,
local, or exempted village school district within which the parcel
or district is located, for up to thirty years. The percentage of
the improvements exempted from taxation may, with such approval,
exceed seventy-five per cent, but shall not exceed one hundred per
cent. Not later than forty-five business days prior to adopting a
resolution under this section declaring improvements to be a
public purpose that is subject to approval by a board of education
under this division, the board of township trustees shall deliver
to the board of education a notice stating its intent to adopt a
resolution making that declaration. The notice regarding
improvements with respect to a parcel under division (B) of this
section shall identify the parcels for which improvements are to
be exempted from taxation, provide an estimate of the true value
in money of the improvements, specify the period for which the
improvements would be exempted from taxation and the percentage of
the improvements that would be exempted, and indicate the date on
which the board of township trustees intends to adopt the
resolution. The notice regarding improvements made under division
(C) of this section to parcels within an incentive district shall
delineate the boundaries of the district, specifically identify
each parcel within the district, identify each anticipated
improvement in the district, provide an estimate of the true value
in money of each such improvement, specify the life of the
district and the percentage of improvements that would be
exempted, and indicate the date on which the board of township
trustees intends to adopt the resolution. The board of education,
by resolution adopted by a majority of the board, may approve the
exemption for the period or for the exemption percentage specified
in the notice; may disapprove the exemption for the number of
years in excess of ten, may disapprove the exemption for the
percentage of the improvements to be exempted in excess of
seventy-five per cent, or both; or may approve the exemption on
the condition that the board of township trustees and the board of
education negotiate an agreement providing for compensation to the
school district equal in value to a percentage of the amount of
taxes exempted in the eleventh and subsequent years of the
exemption period or, in the case of exemption percentages in
excess of seventy-five per cent, compensation equal in value to a
percentage of the taxes that would be payable on the portion of
the improvements in excess of seventy-five per cent were that
portion to be subject to taxation, or other mutually agreeable
compensation.
The board of education shall certify its resolution to the
board of township trustees not later than fourteen days prior to
the date the board of township trustees intends to adopt the
resolution as indicated in the notice. If the board of education
and the board of township trustees negotiate a mutually acceptable
compensation agreement, the resolution may declare the
improvements a public purpose for the number of years specified in
the resolution or, in the case of exemption percentages in excess
of seventy-five per cent, for the exemption percentage specified
in the resolution. In either case, if the board of education and
the board of township trustees fail to negotiate a mutually
acceptable compensation agreement, the resolution may declare the
improvements a public purpose for not more than ten years, and
shall not exempt more than seventy-five per cent of the
improvements from taxation. If the board of education fails to
certify a resolution to the board of township trustees within the
time prescribed by this section, the board of township trustees
thereupon may adopt the resolution and may declare the
improvements a public purpose for up to thirty years or, in the
case of exemption percentages proposed in excess of seventy-five
per cent, for the exemption percentage specified in the
resolution. The board of township trustees may adopt the
resolution at any time after the board of education certifies its
resolution approving the exemption to the board of township
trustees, or, if the board of education approves the exemption on
the condition that a mutually acceptable compensation agreement be
negotiated, at any time after the compensation agreement is agreed
to by the board of education and the board of township trustees.
If a mutually acceptable compensation agreement is negotiated
between the board of township trustees and the board of education,
including agreements for payments in lieu of taxes under section
5709.74 of the Revised Code, the board of township trustees shall
compensate the joint vocational school district within which the
parcel or district is located at the same rate and under the same
terms received by the city, local, or exempted village school
district.
If a board of education has adopted a resolution waiving its
right to approve exemptions from taxation under this section and
the resolution remains in effect, approval of such exemptions by
the board of education is not required under division (D) of this
section. If a board of education has adopted a resolution allowing
a board of township trustees to deliver the notice required under
division (D) of this section fewer than forty-five business days
prior to adoption of the resolution by the board of township
trustees, the board of township trustees shall deliver the notice
to the board of education not later than the number of days prior
to the adoption as prescribed by the board of education in its
resolution. If a board of education adopts a resolution waiving
its right to approve exemptions or shortening the notification
period, the board of education shall certify a copy of the
resolution to the board of township trustees. If the board of
education rescinds the resolution, it shall certify notice of the
rescission to the board of township trustees.
If the board of township trustees is not required by division
(D) of this section to notify the board of education of the board
of township trustees' intent to declare improvements to be a
public purpose, the board of township trustees shall comply with
the notice requirements imposed under section 5709.83 of the
Revised Code before taking formal action to adopt the resolution
making that declaration, unless the board of education has adopted
a resolution under that section waiving its right to receive the
notice.
(E)(1) If a proposed resolution under division (C)(1) of this
section exempts improvements with respect to a parcel within an
incentive district for more than ten years, or the percentage of
the improvement exempted from taxation exceeds seventy-five per
cent, not later than forty-five business days prior to adopting
the resolution the board of township trustees shall deliver to the
board of county commissioners of the county within which the
incentive district is or will be located a notice that states its
intent to adopt a resolution creating an incentive district. The
notice shall include a copy of the proposed resolution, identify
the parcels for which improvements are to be exempted from
taxation, provide an estimate of the true value in money of the
improvements, specify the period of time for which the
improvements would be exempted from taxation, specify the
percentage of the improvements that would be exempted from
taxation, and indicate the date on which the board of township
trustees intends to adopt the resolution.
(2) The board of county commissioners, by resolution adopted
by a majority of the board, may object to the exemption for the
number of years in excess of ten, may object to the exemption for
the percentage of the improvement to be exempted in excess of
seventy-five per cent, or both. If the board of county
commissioners objects, the board may negotiate a mutually
acceptable compensation agreement with the board of township
trustees. In no case shall the compensation provided to the board
of county commissioners exceed the property taxes foregone due to
the exemption. If the board of county commissioners objects, and
the board of county commissioners and board of township trustees
fail to negotiate a mutually acceptable compensation agreement,
the resolution adopted under division (C)(1) of this section shall
provide to the board of county commissioners compensation in the
eleventh and subsequent years of the exemption period equal in
value to not more than fifty per cent of the taxes that would be
payable to the county or, if the board of county commissioner's
objection includes an objection to an exemption percentage in
excess of seventy-five per cent, compensation equal in value to
not more than fifty per cent of the taxes that would be payable to
the county, on the portion of the improvement in excess of
seventy-five per cent, were that portion to be subject to
taxation. The board of county commissioners shall certify its
resolution to the board of township trustees not later than thirty
days after receipt of the notice.
(3) If the board of county commissioners does not object or
fails to certify its resolution objecting to an exemption within
thirty days after receipt of the notice, the board of township
trustees may adopt its resolution, and no compensation shall be
provided to the board of county commissioners. If the board of
county commissioners timely certifies its resolution objecting to
the trustees' resolution, the board of township trustees may adopt
its resolution at any time after a mutually acceptable
compensation agreement is agreed to by the board of county
commissioners and the board of township trustees, or, if no
compensation agreement is negotiated, at any time after the board
of township trustees agrees in the proposed resolution to provide
compensation to the board of county commissioners of fifty per
cent of the taxes that would be payable to the county in the
eleventh and subsequent years of the exemption period or on the
portion of the improvement in excess of seventy-five per cent,
were that portion to be subject to taxation.
(F) Service payments in lieu of taxes that are attributable
to any amount by which the effective tax rate of either a renewal
levy with an increase or a replacement levy exceeds the effective
tax rate of the levy renewed or replaced, or that are attributable
to an additional levy, for a levy authorized by the voters for any
of the following purposes on or after January 1, 2006, and which
are provided pursuant to a resolution creating an incentive
district under division (C)(1) of this section that is adopted on
or after January 1, 2006, shall be distributed to the appropriate
taxing authority as required under division (C) of section 5709.74
of the Revised Code in an amount equal to the amount of taxes from
that additional levy or from the increase in the effective tax
rate of such renewal or replacement levy that would have been
payable to that taxing authority from the following levies were it
not for the exemption authorized under division (C) of this
section:
(1) A tax levied under division (L) of section 5705.19 or
section 5705.191 of the Revised Code for community mental
retardation and developmental disabilities programs and services
pursuant to Chapter 5126. of the Revised Code;
(2) A tax levied under division (Y) of section 5705.19 of the
Revised Code for providing or maintaining senior citizens services
or facilities;
(3) A tax levied under section 5705.22 of the Revised Code
for county hospitals;
(4) A tax levied by a joint-county district or by a county
under section 5705.19, 5705.191, or 5705.221 of the Revised Code
for alcohol, drug addiction, and mental health services or
families;
(5) A tax levied under section 5705.23 of the Revised Code
for library purposes;
(6) A tax levied under section 5705.24 of the Revised Code
for the support of children services and the placement and care of
children;
(7) A tax levied under division (Z) of section 5705.19 of the
Revised Code for the provision and maintenance of zoological park
services and facilities under section 307.76 of the Revised Code;
(8) A tax levied under section 511.27 or division (H) of
section 5705.19 of the Revised Code for the support of township
park districts;
(9) A tax levied under division (A), (F), or (H) of section
5705.19 of the Revised Code for parks and recreational purposes of
a joint recreation district organized pursuant to division (B) of
section 755.14 of the Revised Code;
(10) A tax levied under section 1545.20 or 1545.21 of the
Revised Code for park district purposes;
(11) A tax levied under section 5705.191 of the Revised Code
for the purpose of making appropriations for public assistance;
human or social services; public relief; public welfare; public
health and hospitalization; and support of general hospitals;
(12) A tax levied under section 3709.29 of the Revised Code
for a general health district program.
(G) An exemption from taxation granted under this section
commences with the tax year specified in the resolution so long as
the year specified in the resolution commences after the effective
date of the resolution. If the resolution specifies a year
commencing before the effective date of the resolution or
specifies no year whatsoever, the exemption commences with the tax
year in which an exempted improvement first appears on the tax
list and duplicate of real and public utility property and that
commences after the effective date of the resolution. Except as
otherwise provided in this division, the exemption ends on the
date specified in the resolution as the date the improvement
ceases to be a public purpose or the incentive district expires,
or ends on the date on which the public infrastructure
improvements and housing renovations are paid in full from the
township public improvement tax increment equivalent fund
established under section 5709.75 of the Revised Code, whichever
occurs first. The exemption of an improvement with respect to a
parcel or within an incentive district may end on a later date, as
specified in the resolution, if the board of township trustees and
the board of education of the city, local, or exempted village
school district within which the parcel or district is located
have entered into a compensation agreement under section 5709.82
of the Revised Code with respect to the improvement and the board
of education has approved the term of the exemption under division
(D) of this section, but in no case shall the improvement be
exempted from taxation for more than thirty years. The board of
township trustees may, by majority vote, adopt a resolution
permitting the township to enter into such agreements as the board
finds necessary or appropriate to provide for the construction or
undertaking of public infrastructure improvements and housing
renovations. Any exemption shall be claimed and allowed in the
same or a similar manner as in the case of other real property
exemptions. If an exemption status changes during a tax year, the
procedure for the apportionment of the taxes for that year is the
same as in the case of other changes in tax exemption status
during the year.
(H) The board of township trustees may issue the notes of the
township to finance all costs pertaining to the construction or
undertaking of public infrastructure improvements and housing
renovations made pursuant to this section. The notes shall be
signed by the board and attested by the signature of the township
fiscal officer, shall bear interest not to exceed the rate
provided in section 9.95 of the Revised Code, and are not subject
to Chapter 133. of the Revised Code. The resolution authorizing
the issuance of the notes shall pledge the funds of the township
public improvement tax increment equivalent fund established
pursuant to section 5709.75 of the Revised Code to pay the
interest on and principal of the notes. The notes, which may
contain a clause permitting prepayment at the option of the board,
shall be offered for sale on the open market or given to the
vendor or contractor if no sale is made.
(I) The township, not later than fifteen days after the
adoption of a resolution under this section, shall submit to the
director of development a copy of the resolution. On or before the
thirty-first day of March of each year, the township shall submit
a status report to the director of development. The report shall
indicate, in the manner prescribed by the director, the progress
of the project during each year that the exemption remains in
effect, including a summary of the receipts from service payments
in lieu of taxes; expenditures of money from the fund created
under section 5709.75 of the Revised Code; a description of the
public infrastructure improvements and housing renovations
financed with the expenditures; and a quantitative summary of
changes in private investment resulting from each project.
(J) Nothing in this section shall be construed to prohibit a
board of township trustees from declaring to be a public purpose
improvements with respect to more than one parcel.
If a parcel is located in a new community district in which
the new community authority imposes a community development charge
on the basis of rentals received from leases of real property as
described in division (L)(2) of section 349.01 of the Revised
Code, the parcel may not be exempted from taxation under this
section.
(K) A board of township trustees that adopted a resolution
under this section prior to July 21, 1994, may amend that
resolution to include any additional public infrastructure
improvement. A board of township trustees that seeks by the
amendment to utilize money from its township public improvement
tax increment equivalent fund for land acquisition in aid of
industry, commerce, distribution, or research, demolition on
private property, or stormwater and flood remediation projects may
do so provided that the board currently is a party to a
hold-harmless agreement with the board of education of the city,
local, or exempted village school district within the territory of
which are located the parcels that are subject to an exemption.
For the purposes of this division, a "hold-harmless agreement"
means an agreement under which the board of township trustees
agrees to compensate the school district for one hundred per cent
of the tax revenue that the school district would have received
from further improvements to parcels designated in the resolution
were it not for the exemption granted by the resolution.
Sec. 5709.77. As used in sections 5709.77 to 5709.81 of the
Revised Code:
(A) "Business day" means a day of the week excluding
Saturday, Sunday, and a legal holiday as defined in section 1.14
of the Revised Code.
(B) "Fund" means to provide for the payment of the debt
service on and the expenses relating to an outstanding obligation
of the county.
(C) "Housing renovation" means a project carried out for
residential purposes.
(D) "Improvement" means the increase in the assessed value of
real property that would first appear above the assessed value of
the property as it appears on the most recent tax list and
duplicate of real and public utility property after compiled
before the effective date of a resolution adopted under section
5709.78 of the Revised Code were it not for the exemption granted
by that resolution. For purposes of division (A) of section
5709.78 of the Revised Code, "improvement" does not include any
property used or to be used for residential purposes. For this
purpose, "property that is used or to be used for residential
purposes" means property that, as improved, is used or to be used
for purposes that would cause the tax commissioner to classify the
property as residential property in accordance with rules adopted
by the commissioner under section 5713.041 of the Revised Code.
(E) "Incentive district" has the same meaning as in section
5709.40 of the Revised Code, except that a blighted area is in the
unincorporated territory of a county.
(F) "Refund" means to fund and retire an outstanding
obligation of the county.
(G) "Project" and "public infrastructure improvement" have
the same meanings as in section 5709.40 of the Revised Code.
Sec. 5913.11. (A) There is hereby created the Ohio military
medal of distinction. The adjutant general shall design the medal
and coordinate an eligibility establishment program. An individual
is eligible for the medal if the individual was killed in the line
of duty on or after September 10, 2001, while doing one of the
following:
(1) Engaging in an action against an enemy of the United
States;
(2) Engaging in military operations involving conflict with
an opposing foreign force;
(3) Serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United
States is not a belligerent party; or
(4) Serving in a combat zone designated by presidential
order.
(B) To receive the Ohio military medal of distinction, an
individual shall be at least one of the following at the time the
member was killed in the line of duty:
(1) An Ohio A national guard member who is a resident of this
state;
(2) An Ohio national guard member;
(3) A United States military reserves member who is a
resident of this state;
(3)(4) A United States armed forces member who is either a
resident of this state or stationed in this state by a United
States department of defense order.
(C) (1) At least once per year, both houses of the general
assembly the adjutant general shall obtain provide a list of
eligible medal recipients from to the adjutant general department
of veterans services
and meet in joint convention to and the
governor. The adjutant general shall prepare a medal for each
eligible medal recipient. The medal shall be presented to the
recipient's primary next of kin, as designated by the recipient.
If the recipient has not designated a primary next of kin or if
the designated primary next of kin is deceased, the primary next
of kin shall be determined under the rules of the United States
department of defense.
(2) The governor and the general assembly annually shall hold
a joint ceremony to recognize the medal recipients for the prior
year and to present each medal to the recipient's primary next of
kin, as determined under division (C)(1) of this section.
Beginning in 2013, in any year in which the governor holds a
wreath-laying ceremony to honor the deceased veterans of the
state, the ceremony to recognize the medal recipients shall be
held on the same day as the wreath-laying ceremony.
(D)(1) If a parent of the medal recipient is the primary next
of kin, as determined under division (C)(1) of this section, and
the medal recipient's parents are not married to each other or are
legally separated from each other, the medal recipient's other
living parent may request a duplicate medal at no cost.
If neither of the medal recipient's parents is the primary
next of kin, as determined under division (C)(1) of this section,
the living parents of the medal recipient jointly may request a
duplicate medal at no cost, except that if the parents of the
medal recipient are not married to each other or are legally
separated from each other, each living parent may request a
duplicate medal at no cost.
If the medal recipient's spouse is not the primary next of
kin, the spouse may request a duplicate medal at no cost.
The adjutant general shall prescribe a form by which a parent
or spouse may request a duplicate medal under division (D) (1) of
this section.
(2) A surviving spouse, a natural or adopted child who is at
least eighteen years of age, a parent, a brother or sister,
whether of the whole or the half blood, who is at least eighteen
years of age, an aunt or uncle who is at least eighteen years of
age, or a grandparent of a medal recipient may apply to the
adjutant general, on a form prescribed by the adjutant general, to
receive a duplicate medal. The applicant shall include with the
application a fee in an amount to be determined by the adjutant
general. The adjutant general shall set the fee at an amount no
greater than the cost of producing the duplicate medal.
(E) There is in the state treasury the military medal of
distinction fund. The fund shall consist of all fees collected
from applicants for duplicate medals as well as appropriations
made by the general assembly for purposes of the Ohio military
medal of distinction program. The fund shall be used to pay for
the production of medals. Investment earnings of the fund shall be
credited to the fund.
Section 2. That existing sections 307.05, 307.051, 307.055,
505.37, 505.375, 505.44, 505.72, 3354.121, 4503.49, 4513.263,
4743.05, 4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07,
4765.08, 4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111,
4765.112, 4765.113, 4765.114, 4765.115, 4765.116, 4765.12,
4765.15, 4765.16, 4765.17, 4765.18, 4765.22, 4765.23, 4765.28,
4765.29, 4765.30, 4765.31, 4765.32, 4765.33, 4765.37, 4765.38,
4765.39, 4765.40, 4765.42, 4765.48, 4765.49, 4765.55, 4765.56,
4766.01, 4766.03, 4766.04, 4766.05, 4766.07, 4766.08, 4766.09,
4766.10, 4766.11, 4766.12, 4766.13, 4766.15, 4766.22, 5502.01,
5709.40, 5709.73, 5709.77, and 5913.11 and sections
4766.02 and
4766.20 of the Revised Code are hereby repealed.
Section 3. On the effective date of the amendments made to
section 4765.02 of the Revised Code by this act, the member of the
renamed State Board of Emergency Medical, Fire, and Transportation
Services who is an administrator of an adult or pediatric trauma
center shall cease to be a member of the Board. On the effective
date of the amendments made to section 4765.02 of the Revised Code
by this act, the member of the renamed State Board of Emergency
Medical, Fire, and Transportation Services who is a member of the
Ohio Ambulance Association shall cease to be a member of the
Board. On the effective date of the amendments made to section
4765.02 of the Revised Code by this act, the member of the renamed
State Board of Emergency Medical, Fire, and Transportation
Services who is a physician certified by the American board of
surgery, American board of osteopathic surgery, American
osteopathic board of emergency medicine, or American board of
emergency medicine, is chief medical officer of an air medical
agency, and is currently active in providing emergency medical
services shall cease to be a member of the Board. On the effective
date of the amendments made to section 4765.02 of the Revised Code
by this act, of the members of the renamed State Board of
Emergency Medical, Fire, and Transportation Services who were
EMTs, advanced EMTs, or paramedics and were appointed to the Board
in that capacity, only the members who are designated by the
Governor to continue to be members of the Board shall continue to
be so; the other persons shall cease to be members of the Board.
On the effective date of the amendments made to section 4765.02 of
the Revised Code by this act, the member of the renamed State
Board of Emergency Medical, Fire, and Transportation Services who
is a registered nurse and is in the active practice of emergency
nursing shall cease to be a member of the Board. Not later than
sixty days after the effective date of those amendments, the
Governor shall appoint to the renamed State Board of Emergency
Medical, Fire, and Transportation Services a registered nurse with
EMS certification who performs mobile intensive care or air
medical transport. The Governor shall appoint this member from
among three persons nominated by the Ohio Nurses Association,
three persons nominated by the Ohio Association of Critical Care
Transport, and three persons nominated by the Ohio State Council
of the Emergency Nurses Association.
On the effective date of the amendments made to section
4765.02 of the Revised Code by this act, all members of the former
State Board of Emergency Medical Services who do not cease to be
members of the renamed State Board of Emergency Medical, Fire, and
Transportation Services by the terms of this act shall continue to
be members of the renamed State Board of Emergency Medical, Fire,
and Transportation Services, and the dates on which the terms of
the continuing members expire shall be the dates on which their
terms as members of the former State Board of Emergency Medical
Services expired. On the effective date of the amendments made to
section 4765.02 of the Revised Code by this act, the following
members of the former Ohio Medical Transportation Board shall
become members of the State Board of Emergency Medical, Fire, and
Transportation Services, and the dates on which those members'
terms on the State Board of Emergency Medical, Fire, and
Transportation Services expire shall be as follows:
(A) The person who owns or operates a private emergency
medical service organization operating in this state, as
designated by the Governor, term ends November 12, 2013;
(B) The person who owns or operates a nonemergency medical
service organization that provides only ambulette services, term
ends November 12, 2013;
(C) The person who is a member of the Ohio Association of
Critical Care Transport and represents air-based services, term
ends November 12, 2014.
(D) The person who is a member of the Ohio Association of
Critical Care Transport and represents a ground-based mobile
intensive care unit organization, term ends November 12, 2014.
All subsequent terms of office for these four positions on
the State Board of Emergency Medical, Fire, and Transportation
Services shall be for three years as provided in section 4765.02
of the Revised Code.
Section 4. On April 1, 2013, the Medical Transportation Board
and all of its functions are transferred to the Department of
Public Safety. As of such date, the Medical Transportation Board
shall operate under the Department of Public Safety, which shall
assume all of the Board's functions. All assets, liabilities, any
capital spending authority related thereto, and equipment and
records, regardless of form or medium, related to the Medical
Transportation Board's functions are transferred to the Department
of Public Safety on April 1, 2013.
No validation, cure, right, privilege, remedy, obligation, or
liability is lost or impaired by reason of the transfer. All of
the Medical Transportation Board's rules, orders, and
determinations continue in effect as rules, orders, and
determinations of the Department of Public Safety until modified
or rescinded by the Department of Public Safety.
No action or proceeding pending on April 1, 2013, is affected
by the transfer and any action or proceeding pending on April 1,
2013, shall be prosecuted or defended in the name of the
Department of Public Safety or its director. In all such actions
and proceedings, the Department of Public Safety or its director,
upon application to the court, shall be substituted as a party.
On or after April 1, 2013, notwithstanding any provision of
law to the contrary, the Director of Budget and Management shall
take any action with respect to budget changes made necessary by
the transfer. The Director may transfer cash balances between
funds. The Director may cancel encumbrances and reestablish
encumbrances or parts of encumbrances as needed in the fiscal year
in the appropriate fund and appropriation item for the same
purpose and to the same vendor. As determined by the Director,
encumbrances reestablished in the fiscal year in a different fund
or appropriation item used by an agency or between agencies are
appropriated. The Director shall reduce each year's appropriation
balances by the amount of the encumbrance canceled in their
respective funds and appropriation item. Any unencumbered or
unallocated appropriation balances from the previous fiscal year
may be transferred to the appropriate appropriation item to be
used for the same purposes, as determined by the Director. Any
such transfers are hereby appropriated.
Section 5. That Section 205.10 of Am. Sub. H.B. 114 of the
129th General Assembly, as most recently amended by Am. Sub. H.B.
487 of the 129th General Assembly, be amended to read as follows:
Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY
State Highway Safety Fund Group
4W40 |
762321 |
|
Operating Expense - BMV |
|
$ |
80,003,146 |
|
$ |
82,003,240 |
|
|
4W40 |
762410 |
|
Registrations Supplement |
|
$ |
28,945,176 |
|
$ |
29,813,532 |
|
|
5V10 |
762682 |
|
License Plate Contributions |
|
$ |
2,100,000 |
|
$ |
2,100,000 |
|
|
7036 |
761321 |
|
Operating Expense - Information and Education |
|
$ |
7,124,366 |
|
$ |
6,988,097 |
|
|
7036 |
761401 |
|
Lease Rental Payments |
|
$ |
9,978,300 |
|
$ |
2,315,700 |
|
|
7036 |
764033 |
|
Minor Capital Projects |
|
$ |
1,250,000 |
|
$ |
1,250,000 |
|
|
7036 |
764321 |
|
Operating Expense - Highway Patrol |
|
$ |
260,744,934 |
|
$ |
258,365,903 |
|
|
7036 |
764605 |
|
Motor Carrier Enforcement Expenses |
|
$ |
2,860,000 |
|
$ |
2,860,000 |
|
|
8300 |
761603 |
|
Salvage and Exchange - Administration |
|
$ |
19,469 |
|
$ |
20,053 |
|
|
8310 |
761610 |
|
Information and Education - Federal |
|
$ |
422,084 |
|
$ |
409,746 |
|
|
8310 |
764610 |
|
Patrol - Federal |
|
$ |
2,209,936 |
|
$ |
2,276,234 |
|
|
8310 |
764659 |
|
Transportation Enforcement - Federal |
|
$ |
5,519,333 |
|
$ |
5,684,913 |
|
|
8310 |
765610 |
|
EMS - Federal |
|
$ |
532,007 |
|
$ |
532,007 |
|
|
8310 |
769610 |
|
Investigative Unit Federal Reimbursement |
|
$ |
1,546,319 |
|
$ |
1,546,319 |
|
|
8310 |
769631 |
|
Homeland Security - Federal |
|
$ |
2,184,000 |
|
$ |
2,184,000 |
|
|
8320 |
761612 |
|
Traffic Safety - Federal |
|
$ |
16,577,565 |
|
$ |
16,577,565 |
|
|
8350 |
762616 |
|
Financial Responsibility Compliance |
|
$ |
5,457,240 |
|
$ |
5,274,068 |
|
|
8370 |
764602 |
|
Turnpike Policing |
|
$ |
11,553,959 |
|
$ |
11,553,959 |
|
|
8380 |
764606 |
|
Patrol Reimbursement |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
83C0 |
764630 |
|
Contraband, Forfeiture, Other |
|
$ |
622,894 |
|
$ |
622,894 |
|
|
83F0 |
764657 |
|
Law Enforcement Automated Data System |
|
$ |
9,053,266 |
|
$ |
9,053,266 |
|
|
83G0 |
764633 |
|
OMVI Enforcement/Education |
|
$ |
623,230 |
|
$ |
641,927 |
|
|
83J0 |
764693 |
|
Highway Patrol Justice Contraband |
|
$ |
2,100,000 |
|
$ |
2,100,000 |
|
|
83M0 |
765624 |
|
Operating Expense - Trauma and EMS |
|
$ |
2,632,106 |
|
$ |
2,711,069 2,834,533 |
|
|
83M0 |
765640 |
|
EMS - Grants |
|
$ |
0 |
|
$ |
4,229,819 |
|
|
83N0 |
761611 |
|
Elementary School Seat Belt Program |
|
$ |
305,600 |
|
$ |
0 |
|
|
83P0 |
765637 |
|
EMS Grants |
|
$ |
4,106,621 |
|
$ |
0 |
|
|
83R0 |
762639 |
|
Local Immobilization Reimbursement |
|
$ |
450,000 |
|
$ |
450,000 |
|
|
83T0 |
764694 |
|
Highway Patrol Treasury Contraband |
|
$ |
21,000 |
|
$ |
21,000 |
|
|
8400 |
764607 |
|
State Fair Security |
|
$ |
1,256,655 |
|
$ |
1,294,354 |
|
|
8400 |
764617 |
|
Security and Investigations |
|
$ |
6,432,686 |
|
$ |
6,432,686 |
|
|
8400 |
764626 |
|
State Fairgrounds Police Force |
|
$ |
849,883 |
|
$ |
849,883 |
|
|
8400 |
769632 |
|
Homeland Security - Operating |
|
$ |
737,791 |
|
$ |
737,791 |
|
|
8410 |
764603 |
|
Salvage and Exchange - Highway Patrol |
|
$ |
1,339,399 |
|
$ |
1,339,399 |
|
|
8460 |
761625 |
|
Motorcycle Safety Education |
|
$ |
3,185,013 |
|
$ |
3,280,563 |
|
|
8490 |
762627 |
|
Automated Title Processing Board |
|
$ |
17,316,755 |
|
$ |
14,335,513 |
|
|
TOTAL HSF State Highway Safety Fund Group
| |
$ |
490,110,733 |
|
$ |
479,905,500 480,028,964 |
|
|
General Services Fund Group
4P60 |
768601 |
|
Justice Program Services |
|
$ |
998,104 |
|
$ |
1,028,047 |
|
|
4S30 |
766661 |
|
Hilltop Utility Reimbursement |
|
$ |
540,800 |
|
$ |
540,800 |
|
|
5ET0 |
768625 |
|
Drug Law Enforcement |
|
$ |
3,780,000 |
|
$ |
3,893,400 |
|
|
5Y10 |
764695 |
|
Highway Patrol Continuing Professional Training |
|
$ |
170,000 |
|
$ |
170,000 |
|
|
5Y10 |
767696 |
|
Investigative Unit Continuing Professional Training |
|
$ |
15,000 |
|
$ |
15,000 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
5,503,904 |
|
$ |
5,647,247 |
|
|
Federal Special Revenue Fund Group
3290 |
763645 |
|
Federal Mitigation Program |
|
$ |
10,110,332 |
|
$ |
10,413,642 |
|
|
3370 |
763609 |
|
Federal Disaster Relief |
|
$ |
27,707,636 |
|
$ |
27,707,636 |
|
|
3390 |
763647 |
|
Emergency Management Assistance and Training |
|
$ |
75,664,821 |
|
$ |
77,934,765 |
|
|
3CB0 |
768691 |
|
Federal Justice Grants - FFY06 |
|
$ |
200,000 |
|
$ |
50,000 |
|
|
3CC0 |
768609 |
|
Justice Assistance Grants - FFY07 |
|
$ |
583,222 |
|
$ |
310,000 |
|
|
3CD0 |
768610 |
|
Justice Assistance Grants – FFY08 |
|
$ |
310,000 |
|
$ |
150,000 |
|
|
3CE0 |
768611 |
|
Justice Assistance Grants – FFY09 |
|
$ |
865,000 |
|
$ |
1,200,000 |
|
|
3CV0 |
768697 |
|
Justice Assistance Grants Supplement – FFY08 |
|
$ |
2,000 |
|
$ |
0 |
|
|
3DE0 |
768612 |
|
Federal Stimulus - Justice Assistance Grants |
|
$ |
1,015,000 |
|
$ |
1,015,000 |
|
|
3DH0 |
768613 |
|
Federal Stimulus - Justice Programs |
|
$ |
150,000 |
|
$ |
150,000 |
|
|
3DU0 |
762628 |
|
BMV Grants |
|
$ |
1,525,000 |
|
$ |
1,480,000 |
|
|
3EU0 |
768614 |
|
Justice Assistance Grants – FFY10 |
|
$ |
650,000 |
|
$ |
920,000 |
|
|
3L50 |
768604 |
|
Justice Program |
|
$ |
11,400,000 |
|
$ |
11,400,000 |
|
|
3N50 |
763644 |
|
U.S. Department of Energy Agreement |
|
$ |
31,672 |
|
$ |
31,672 |
|
|
TOTAL FED Federal Special Revenue Fund Group
| |
$ |
130,214,683 |
|
$ |
132,762,715 |
|
|
State Special Revenue Fund Group
4V30 |
763662 |
|
EMA Service and Reimbursement |
|
$ |
4,368,369 |
|
$ |
4,499,420 |
|
|
5390 |
762614 |
|
Motor Vehicle Dealers Board |
|
$ |
180,000 |
|
$ |
185,400 |
|
|
5B90 |
766632 |
|
Private Investigator and Security Guard Provider |
|
$ |
1,562,637 |
|
$ |
1,562,637 |
|
|
5BK0 |
768687 |
|
Criminal Justice Services - Operating |
|
$ |
400,000 |
|
$ |
400,000 |
|
|
5BK0 |
768689 |
|
Family Violence Shelter Programs |
|
$ |
750,000 |
|
$ |
750,000 |
|
|
5CM0 |
767691 |
|
Investigative Unit Federal Equitable Sharing - Treasury |
|
$ |
300,000 |
|
$ |
300,000 |
|
|
5DS0 |
769630 |
|
Homeland Security |
|
$ |
1,414,384 |
|
$ |
1,414,384 |
|
|
5FF0 |
762621 |
|
Indigent Interlock and Alcohol Monitoring |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
|
|
5FL0 |
769634 |
|
Investigations |
|
$ |
899,300 |
|
$ |
899,300 |
|
|
5LM0 |
768698 |
|
Criminal Justice Services Law Enforcement Support |
|
$ |
33,991 |
|
$ |
816,955 |
|
|
6220 |
767615 |
|
Investigative Contraband and Forfeiture |
|
$ |
375,000 |
|
$ |
375,000 |
|
|
6570 |
763652 |
|
Utility Radiological Safety |
|
$ |
1,415,945 |
|
$ |
1,415,945 |
|
|
6810 |
763653 |
|
SARA Title III HAZMAT Planning |
|
$ |
262,438 |
|
$ |
262,438 |
|
|
8500 |
767628 |
|
Investigative Unit Salvage |
|
$ |
90,000 |
|
$ |
92,700 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
14,052,064 |
|
$ |
14,974,179 |
|
|
Liquor Control Fund Group
7043 |
767321 |
|
Liquor Enforcement - Operating |
|
$ |
11,000,000 |
|
$ |
11,000,000 |
|
|
TOTAL LCF Liquor Control Fund Group
| |
$ |
11,000,000 |
|
$ |
11,000,000 |
|
|
5J90 |
761678 |
|
Federal Salvage/GSA |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
|
|
TOTAL AGY Agency Fund Group
| |
$ |
1,500,000 |
|
$ |
1,500,000 |
|
|
Holding Account Redistribution Fund Group
R024 |
762619 |
|
Unidentified Motor Vehicle Receipts |
|
$ |
1,885,000 |
|
$ |
1,885,000 |
|
|
R052 |
762623 |
|
Security Deposits |
|
$ |
350,000 |
|
$ |
350,000 |
|
|
TOTAL 090 Holding Account Redistribution Fund Group
| |
$ |
2,235,000 |
|
$ |
2,235,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
654,616,384 |
|
$ |
648,024,641 648,148,105 |
|
|
MOTOR VEHICLE REGISTRATION
The Registrar of Motor Vehicles may deposit revenues to meet
the cash needs of the State Bureau of Motor Vehicles Fund (Fund
4W40) established in section 4501.25 of the Revised Code, obtained
under sections 4503.02 and 4504.02 of the Revised Code, less all
other available cash. Revenue deposited pursuant to this paragraph
shall support, in part, appropriations for operating expenses and
defray the cost of manufacturing and distributing license plates
and license plate stickers and enforcing the law relative to the
operation and registration of motor vehicles. Notwithstanding
section 4501.03 of the Revised Code, the revenues shall be paid
into Fund 4W40 before any revenues obtained pursuant to sections
4503.02 and 4504.02 of the Revised Code are paid into any other
fund. The deposit of revenues to meet the aforementioned cash
needs shall be in approximately equal amounts on a monthly basis
or as otherwise determined by the Director of Budget and
Management pursuant to a plan submitted by the Registrar of Motor
Vehicles.
The Registrar of Motor Vehicles may transfer cash from the
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State
Highway Safety Fund (Fund 7036) to meet its obligations for
capital projects CIR-047, Department of Public Safety Office
Building and CIR-049, Warehouse Facility.
OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS
The foregoing appropriation item 761401, Lease Rental
Payments, shall be used for payments to the Ohio Building
Authority for the period July 1, 2011, to June 30, 2013, under the
primary leases and agreements for public safety related buildings
financed by obligations issued under Chapter 152. of the Revised
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio
Building Authority may, with approval of the Director of Budget
and Management, lease capital facilities to the Department of
Public Safety.
The Director of Public Safety shall determine, per an
agreement with the Director of Transportation, the share of each
debt service payment made out of appropriation item 761401, Lease
Rental Payments, that relates to the Department of
Transportation's portion of the Hilltop Building Project, and
shall certify to the Director of Budget and Management the amounts
of this share. The Director of Budget and Management shall
transfer the amounts of such shares from the Highway Operating
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).
CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the unexpended
and unencumbered cash balance in the Seat Belt Education Fund
(Fund 8440) to the Trauma and Emergency Medical Services Fund
(Fund 83M0). Upon completion of the transfer, Fund 8440 is
abolished. The Director shall cancel any existing encumbrances
against appropriation item 761613, Seat Belt Education Program,
and reestablish them against appropriation item 765624, Operating
Expense - Trauma and EMS. The reestablished encumbrance amounts
are hereby appropriated.
CASH TRANSFERS BETWEEN FUNDS
Notwithstanding any provision of law to the contrary, the
Director of Budget and Management, upon the written request of the
Director of Public Safety, may approve the transfer of cash
between the following six funds: the Trauma and Emergency Medical
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),
the Investigations Fund (Fund 5FL0), the Emergency Management
Agency Service and Reimbursement Fund (Fund 4V30), the Justice
Program Services Fund (Fund 4P60), and the State Bureau of Motor
Vehicles Fund (Fund 4W40).
CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND
Notwithstanding any provision of law to the contrary, the
Director of Budget and Management, upon the written request of the
Director of Public Safety, may approve the transfer of cash from
the Continuing Professional Training Fund (Fund 5Y10), the State
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0),
the Trauma and Emergency Medical Services Fund (Fund 83M0), and
the Highway Safety Salvage and Exchange Highway Patrol Fund (Fund
8410) to the Security, Investigations, and Policing Fund (Fund
8400).
CASH TRANSFERS OF SEAT BELT FINE REVENUES
Notwithstanding any provision of law to the contrary, the
Controlling Board, upon request of the Director of Public Safety,
may approve the transfer of cash between the following three funds
that receive fine revenues from enforcement of the mandatory seat
belt law: the Trauma and Emergency Medical Services Fund (Fund
83M0), the Elementary School Program Fund (Fund 83N0), and the
Trauma and Emergency Medical Services Grants Fund (Fund 83P0).
The State Disaster Relief Fund (Fund 5330) may accept
transfers of cash and appropriations from Controlling Board
appropriation items for Ohio Emergency Management Agency disaster
response costs and disaster program management costs, and may also
be used for the following purposes:
(A) To accept transfers of cash and appropriations from
Controlling Board appropriation items for Ohio Emergency
Management Agency public assistance and mitigation program match
costs to reimburse eligible local governments and private
nonprofit organizations for costs related to disasters;
(B) To accept and transfer cash to reimburse the costs
associated with Emergency Management Assistance Compact (EMAC)
deployments;
(C) To accept disaster related reimbursement from federal,
state, and local governments. The Director of Budget and
Management may transfer cash from reimbursements received by this
fund to other funds of the state from which transfers were
originally approved by the Controlling Board.
(D) To accept transfers of cash and appropriations from
Controlling Board appropriation items to fund the State Disaster
Relief Program, for disasters that have been declared by the
Governor, and the State Individual Assistance Program for
disasters that have been declared by the Governor and the federal
Small Business Administration. The Ohio Emergency Management
Agency shall publish and make available application packets
outlining procedures for the State Disaster Relief Program and the
State Individual Assistance Program.
JUSTICE ASSISTANCE GRANT FUND
The federal payments made to the state for the Byrne Justice
Assistance Grants Program under Title II of Division A of the
American Recovery and Reinvestment Act of 2009 shall be deposited
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),
which is hereby created in the state treasury. All investment
earnings of the fund shall be credited to the fund.
FEDERAL STIMULUS – JUSTICE PROGRAMS
The federal payments made to the state for the Violence
Against Women Formula Grant under Title II of Division A of the
American Recovery and Reinvestment Act of 2009 shall be deposited
to the credit of the Federal Stimulus – Justice Programs Fund
(Fund 3DH0).
TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT
AGENCY SERVICE AND REIMBURSEMENT FUND
On July 1 of each fiscal year, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to
the Emergency Management Agency Service and Reimbursement Fund
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban
Search and Rescue Unit and other urban search and rescue programs
around the state.
FAMILY VIOLENCE PREVENTION FUND
Notwithstanding any provision of law to the contrary, in each
of fiscal years 2012 and 2013, the first $750,000 received to the
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be
appropriated to appropriation item 768689, Family Violence Shelter
Programs, and the next $400,000 received to the credit of Fund
5BK0 in each of those fiscal years shall be appropriated to
appropriation item 768687, Criminal Justice Services - Operating.
Any moneys received to the credit of Fund 5BK0 in excess of the
aforementioned appropriated amounts in each fiscal year shall,
upon the approval of the Controlling Board, be used to provide
grants to family violence shelters in Ohio.
SARA TITLE III HAZMAT PLANNING
The SARA Title III HAZMAT Planning Fund (Fund 6810) is
entitled to receive grant funds from the Emergency Response
Commission to implement the Emergency Management Agency's
responsibilities under Chapter 3750. of the Revised Code.
COLLECTIVE BARGAINING INCREASES
Notwithstanding division (D) of section 127.14 and division
(B) of section 131.35 of the Revised Code, except for the General
Revenue Fund, the Controlling Board may, upon the request of
either the Director of Budget and Management, or the Department of
Public Safety with the approval of the Director of Budget and
Management, increase appropriations for any fund, as necessary for
the Department of Public Safety, to assist in paying the costs of
increases in employee compensation that have occurred pursuant to
collective bargaining agreements under Chapter 4117. of the
Revised Code and, for exempt employees, under section 124.152 of
the Revised Code.
Not later than the first day of April in each fiscal year of
the biennium, the Director of Budget and Management shall review
the cash balances for each fund, except the State Highway Safety
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund
4W40), in the State Highway Safety Fund Group, and shall recommend
to the Controlling Board an amount to be transferred to the credit
of Fund 7036 or Fund 4W40, as appropriate.
Section 6. That existing Section 205.10 of Am. Sub. H.B. 114
of the 129th General Assembly, as most recently amended by Am.
Sub. H.B. 487 of the 129th General Assembly, is hereby repealed.
Section 7. That Section 335.10 of Am. Sub. H.B. 153 of the
129th General Assembly be amended to read as follows:
Sec. 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD
General Services Fund Group
4K90 |
915604 |
|
Operating Expenses |
|
$ |
493,641 |
|
$ |
493,856 370,392 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
493,641 |
|
$ |
493,856 370,392 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
493,641 |
|
$ |
493,856 370,392 |
|
|
Section 8. That existing Section 335.10 of Am. Sub. H.B. 153
of the 129th General Assembly is hereby repealed.
Section 9. All items in this section are hereby appropriated
as designated out of any moneys in the state treasury to the
credit of the State Special Revenue Fund Group. For all
appropriations made in this act, those in the first column are for
fiscal year 2012 and those in the second column are for fiscal
year 2013. The appropriations made in this act are in addition to
any other appropriations made for the FY 2012-FY 2013 biennium.
ADJ ADJUTANT GENERAL
State Special Revenue Fund Group
5LY0 |
745626 |
|
Military Medal of Distinction |
|
$ |
0 |
|
$ |
2,500 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
0 |
|
$ |
2,500 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
0 |
|
$ |
2,500 |
|
|
MILITARY MEDAL OF DISTINCTION
On the effective date of this act, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
$2,500 cash from the General Revenue Fund to the Military Medal of
Distinction Fund (Fund 5LY0). The amount transferred shall be used
by the Adjutant General for the purposes described in section
5913.11 of the Revised Code.
Section 10. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the form and manner in which
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as
though made in Am. Sub. H.B. 153 of the 129th General Assembly.
The appropriations made in this act are subject to all
provisions of Am. Sub. H.B. 153 of the 129th General Assembly that
are generally applicable to such appropriations.
Section 11. That Section 707.10 of Am. Sub. H.B. 487 of the
129th General Assembly be amended to read as follows:
Sec. 707.10. For fiscal years 2013 and 2014, the legislative
authority of a municipal corporation in a county, with a
population between three hundred seventy-five thousand and four
hundred thousand according to the most recent federal decennial
census, may conduct a pilot program whereby the legislative
authority may use up to five per cent of the aggregate amount of
money deposited in the municipal corporation's sewer fund and up
to five per cent of the aggregate amount of money deposited in a
fund created by the municipal corporation for water-works for the
purpose of extending the municipal corporation's water or sewerage
system, as applicable, if both of the following apply:
(A) The water or sewerage system is being extended to areas
for economic development purposes.
(B) The areas into which the water or sewerage system is
being extended are the one of the following:
(1) The subject of a cooperative economic development
agreement entered into by the municipal corporation under section
701.07 of the Revised Code;
(2) Within a joint economic development district created
under sections 715.72 to 715.81 of the Revised Code for which the
municipal corporation is a contracting party;
(3) Within the boundaries of the municipal corporation.
With regard to either fund, the legislative authority shall
not exceed the five per cent limit established in this section.
Section 12. That existing Section 707.10 of Am. Sub. H.B. 487
of the 129th General Assembly is hereby repealed.
Section 13. The amendment by this act of sections 5709.40,
5709.73, and 5709.77 of the Revised Code applies to the tax years
at issue in any application for exemption from taxation pending
before the Tax Commissioner, the Board of Tax Appeals, any Court
of Appeals, or the Supreme Court on the effective date of this act
and to the property that is the subject of any such application.
Section 14. Sections 5709.40 and 5709.73 of the Revised Code
are presented in this act as composites of those sections as
amended by both Am. Sub. H.B. 508 and Am. Sub. H.B. 509 of the
129th 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 composites are the
resulting versions of the sections in effect prior to the
effective date of the sections as presented in this act.
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