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Am. Sub. S. B. No. 243 As Enrolled
(129th General Assembly)
(Amended Substitute Senate Bill Number 243)
AN ACT
To amend sections 121.40, 3701.04, 4765.06, 4765.43,
5502.21, 5502.29, and 5502.41, to enact sections
3345.042 and 5502.281, and to repeal section
121.404 of the Revised Code to modify the laws
governing the Intrastate Mutual Aid Compact, the
volunteer database of the Department of Health and
the Emergency Management Agency, to address the
transmittal of certain data to the National
Emergency Medical Services Information System and
to revise ambulance staffing requirements.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 121.40, 3701.04, 4765.06, 4765.43,
5502.21, 5502.29, and 5502.41 be amended and sections 3345.042 and
5502.281 of the Revised Code be enacted to read as follows:
Sec. 121.40. (A) There is hereby created the Ohio commission
on service and volunteerism consisting of twenty-one voting
members including the superintendent of public instruction or the
superintendent's designee, the chancellor of the Ohio board of
regents or the chancellor's designee, the director of youth
services or the director's designee, the director of aging or the
director's designee, the chairperson of the committee of the house
of representatives dealing with education or the chairperson's
designee, the chairperson of the committee of the senate dealing
with education or the chairperson's designee, and fifteen members
who shall be appointed by the governor with the advice and consent
of the senate and who shall serve terms of office of three years.
The appointees shall include educators, including teachers and
administrators; representatives of youth organizations; students
and parents; representatives of organizations engaged in volunteer
program development and management throughout the state, including
youth and conservation programs; and representatives of business,
government, nonprofit organizations, social service agencies,
veterans organizations, religious organizations, or philanthropies
that support or encourage volunteerism within the state. The
director of the governor's office of faith-based and community
initiatives shall serve as a nonvoting ex officio member of the
commission. Members of the commission shall receive no
compensation, but shall be reimbursed for actual and necessary
expenses incurred in the performance of their official duties.
(B) The commission shall appoint an executive director for
the commission, who shall be in the unclassified civil service.
The governor shall be informed of the appointment of an executive
director before such an appointment is made. The executive
director shall supervise the commission's activities and report to
the commission on the progress of those activities. The executive
director shall do all things necessary for the efficient and
effective implementation of the duties of the commission.
The responsibilities assigned to the executive director do
not relieve the members of the commission from final
responsibility for the proper performance of the requirements of
this section.
(C) The commission or its designee shall do all of the
following:
(1) Employ, promote, supervise, and remove all employees as
needed in connection with the performance of its duties under this
section and may assign duties to those employees as necessary to
achieve the most efficient performance of its functions, and to
that end may establish, change, or abolish positions, and assign
and reassign duties and responsibilities of any employee of the
commission. Personnel employed by the commission who are subject
to Chapter 4117. of the Revised Code shall retain all of their
rights and benefits conferred pursuant to that chapter. Nothing in
this chapter shall be construed as eliminating or interfering with
Chapter 4117. of the Revised Code or the rights and benefits
conferred under that chapter to public employees or to any
bargaining unit.
(2) Maintain its office in Columbus, and may hold sessions at
any place within the state;
(3) Acquire facilities, equipment, and supplies necessary to
house the commission, its employees, and files and records under
its control, and to discharge any duty imposed upon it by law. The
expense of these acquisitions shall be audited and paid for in the
same manner as other state expenses. For that purpose, the
commission shall prepare and submit to the office of budget and
management a budget for each biennium according to sections
101.532 and 107.03 of the Revised Code. The budget submitted shall
cover the costs of the commission and its staff in the discharge
of any duty imposed upon the commission by law. The commission
shall not delegate any authority to obligate funds.
(4) Pay its own payroll and other operating expenses from
line items designated by the general assembly;
(5) Retain its fiduciary responsibility as appointing
authority. Any transaction instructions shall be certified by the
appointing authority or its designee.
(6) Establish the overall policy and management of the
commission in accordance with this chapter;
(7) Assist in coordinating and preparing the state
application for funds under sections 101 to 184 of the "National
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42
U.S.C.A. 12411 to 12544, as amended, assist in administering and
overseeing the "National and Community Service Trust Act of 1993,"
P.L. 103-82, 107 Stat. 785, and the americorps program in this
state, and assist in developing objectives for a comprehensive
strategy to encourage and expand community service programs
throughout the state;
(8) Assist the state board of education, school districts,
the chancellor of the board of regents, and institutions of higher
education in coordinating community service education programs
through cooperative efforts between institutions and organizations
in the public and private sectors;
(9) Assist the departments of natural resources, youth
services, aging, and job and family services in coordinating
community service programs through cooperative efforts between
institutions and organizations in the public and private sectors;
(10) Suggest individuals and organizations that are available
to assist school districts, institutions of higher education, and
the departments of natural resources, youth services, aging, and
job and family services in the establishment of community service
programs and assist in investigating sources of funding for
implementing these programs;
(11) Assist in evaluating the state's efforts in providing
community service programs using standards and methods that are
consistent with any statewide objectives for these programs and
provide information to the state board of education, school
districts, the chancellor of the board of regents, institutions of
higher education, and the departments of natural resources, youth
services, aging, and job and family services to guide them in
making decisions about these programs;
(12) Assist the state board of education in complying with
section 3301.70 of the Revised Code and the chancellor of the
board of regents in complying with division (B)(2) of section
3333.043 of the Revised Code;
(13) Advise, assist, consult with, and cooperate with, by
contract or otherwise, agencies and political subdivisions of this
state in establishing a statewide system for volunteers pursuant
to section 121.404 of the Revised Code.
(D) The commission shall in writing enter into an agreement
with another state agency to serve as the commission's fiscal
agent. Before entering into such an agreement, the commission
shall inform the governor of the terms of the agreement and of the
state agency designated to serve as the commission's fiscal agent.
The fiscal agent shall be responsible for all the commission's
fiscal matters and financial transactions, as specified in the
agreement. Services to be provided by the fiscal agent include,
but are not limited to, the following:
(1) Preparing and processing payroll and other personnel
documents that the commission executes as the appointing
authority;
(2) Maintaining ledgers of accounts and reports of account
balances, and monitoring budgets and allotment plans in
consultation with the commission; and
(3) Performing other routine support services that the fiscal
agent considers appropriate to achieve efficiency.
(E)(1) The commission, in conjunction and consultation with
the fiscal agent, has the following authority and responsibility
relative to fiscal matters:
(a) Sole authority to draw funds for any and all federal
programs in which the commission is authorized to participate;
(b) Sole authority to expend funds from their accounts for
programs and any other necessary expenses the commission may incur
and its subgrantees may incur; and
(c) Responsibility to cooperate with and inform the fiscal
agent fully of all financial transactions.
(2) The commission shall follow all state procurement,
fiscal, human resources, statutory, and administrative rule
requirements.
(3) The fiscal agent shall determine fees to be charged to
the commission, which shall be in proportion to the services
performed for the commission.
(4) The commission shall pay fees owed to the fiscal agent
from a general revenue fund of the commission or from any other
fund from which the operating expenses of the commission are paid.
Any amounts set aside for a fiscal year for the payment of these
fees shall be used only for the services performed for the
commission by the fiscal agent in that fiscal year.
(F) The commission may accept and administer grants from any
source, public or private, to carry out any of the commission's
functions this section establishes.
Sec. 3345.042. (A) As used in this section:
(1) "Community college" has the same meaning as in section
3354.01 of the Revised Code.
(2) "Countywide emergency management agency," "participating
political subdivision," "program for emergency management within a
political subdivision," and "regional authority for emergency
management" have the same meanings as in section 5502.41 of the
Revised Code.
(3) "Technical college" has the same meaning as in section
3357.01 of the Revised Code.
(4) "State community college" has the same meaning as in
section 3358.01 of the Revised Code.
(5) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(6) "University branch" has the same meaning as in section
3355.01 of the Revised Code.
(B)(1) Except as provided in division (B)(2) of this section,
a state institution of higher education is considered to be a
participating political subdivision for purposes of the intrastate
mutual aid compact created under section 5502.41 of the Revised
Code.
(2) A state institution of higher education may elect not to
participate in the intrastate mutual aid compact by enacting or
adopting an appropriate resolution, rule, bylaw, or regulation to
that effect. The institution shall provide a copy of the
resolution, rule, bylaw, or regulation to the state emergency
management agency and to the countywide emergency management
agency, regional authority for emergency management, or program
for emergency management within a political subdivision, whichever
is responsible for emergency management at the institution.
(C) Except for a community college, state community college,
technical college, or university branch, a state institution of
higher education and its personnel, while requesting or providing
assistance or aid pursuant to the compact, shall be deemed to be
performing a public duty as defined in section 2743.01 of the
Revised Code and have the defenses to, and immunities from, civil
liability provided in section 2743.02 of the Revised Code.
Community colleges, state community colleges, technical colleges,
university branches, and personnel of such institutions, while
requesting or providing assistance or aid pursuant to the compact,
shall have the defenses and immunities from civil liability
provided in sections 2744.02 and 2744.03 of the Revised Code and
shall be entitled to all applicable limitations on recoverable
damages under section 2744.05 of the Revised Code.
Sec. 3701.04. (A) The director of health shall:
(1) Require reports and make inspections and investigations
that the director considers necessary;
(2) Provide administration, appoint personnel, make reports,
and take other action as necessary to comply with the requirements
of the "Construction and Modernization of Hospitals and Other
Medical Facilities Act," Title VI of the "Public Health Service
Act," 60 Stat. 1041 (1946), 42 U.S.C. 291, as amended, and the
regulations adopted under that act;
(3) Procure by contract the temporary or intermittent
services of experts, consultants, or organizations when those
services are to be performed on a part-time or fee-for-service
basis and do not involve the performance of administrative duties;
(4) Enter into agreements for the utilization of the
facilities and services of other departments, agencies, and
institutions, public or private;
(5) On behalf of the state, solicit, accept, hold,
administer, and deposit in the state treasury to the credit of the
general operations fund created in section 3701.83 of the Revised
Code, any grant, gift, devise, bequest, or contribution made to
assist in meeting the cost of carrying out the director's
responsibilities and expend the grant, gift, devise, bequest, or
contribution for the purpose for which made. Fees collected by the
director in connection with meetings and conferences shall also be
credited to the fund and expended for the purposes for which paid.
(6) Make an annual report to the governor on activities and
expenditures, including recommendations for such additional
legislation as the director considers appropriate to furnish
adequate hospital, clinic, and similar facilities to the people of
this state.
(7) Establish (B) The director, in accordance with Chapter
119. of the Revised Code, shall adopt rules jointly with the
executive director of the emergency management agency to do both
of the following, as required by section 5502.281 of the Revised
Code:
(1) Advise, assist, consult with, and cooperate with agencies
and political subdivisions of this state to establish and maintain
a statewide system for recruiting, registering, training, and
deploying volunteers the director determines are advisable and
reasonably necessary to respond to an emergency involving the
public's health declared by the state or a political subdivision;
(2) Establish fees, procedures, standards, and requirements
necessary for recruiting, registering, training, and deploying the
volunteers.
(B)(C) The director of health may enter into agreements to
sell services offered by the department of health to boards of
health of city and general health districts and to other
departments, agencies, and institutions of this state, other
states, or the United States. Fees collected by the director for
the sale of services shall be deposited into the state treasury to
the credit of the general operations fund created in section
3701.83 of the Revised Code.
Sec. 4765.06. (A) The state board of emergency medical
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 the effective date of this
amendment
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. Before 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. After 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. 4765.43. (A) During each emergency run made by an
ambulance that is equipped for emergency medical services, the
emergency medical service organization operating the ambulance
shall staff the ambulance in accordance with this section.
For purposes of determining the applicable staffing
requirements, both of the following apply:
(1) An emergency run consists of components that are
distinguished between the period during which the ambulance is
traveling to the scene of an emergency and, if applicable, the
period during which the ambulance is transporting a patient from
the scene of the emergency.
(2) In the case of an emergency medical service organization
that utilizes a combination of volunteer and paid first
responders, emergency medical service technicians-basic, emergency
medical service technicians-intermediate, or emergency medical
service technicians-paramedic, the organization is considered to
be substantially utilizing volunteers in a particular week when
the paid individuals, taken as a whole, are scheduled for a total
of not more than one hundred ninety-two hours in that week.
(B) With respect to the driver of an ambulance during an
emergency run, both of the following apply:
(1) The driver must be at least eighteen years of age and
hold a valid driver's license.
(2) The driver must hold meet at least one of the following
criteria:
(a) Hold a valid certificate issued under section 4765.30 of
the Revised Code to practice as a medical first responder,
EMT-basic EMT, EMT-I advanced EMT, or paramedic or;
(b) Hold a valid fire training certificate issued pursuant to
section 4765.55 of the Revised Code to provide services as a
firefighter;
(c) Be employed and in good standing as a sworn sheriff,
deputy sheriff, constable, police officer, marshal, deputy
marshal, or highway patrol trooper in this state;
(d) Have successfully completed either the emergency vehicle
operations course approved by the national highway traffic safety
administration or an equivalent course approved by the state board
of emergency medical services.
(C) With respect to the component of an emergency run during
which the ambulance is traveling to the scene of the emergency,
the ambulance shall be staffed by at least one EMT-basic EMT,
EMT-I advanced EMT, or paramedic. This individual may serve as the
driver.
(D) With respect to the component of an emergency run during
which a patient is being transported, the ambulance shall be
staffed as follows:
(1) If the emergency medical service organization utilizes
only paid individuals or utilizes volunteers on a basis that is
not considered to be substantially utilizing volunteers, the
ambulance shall be staffed by at least two EMTs-basic EMTs, EMTs-I
advanced EMTs, or paramedics. One of these individuals may serve
as the driver.
(2) If the emergency medical service organization is
substantially utilizing volunteers or utilizes only volunteers,
the ambulance shall be staffed by at least two EMTs-basic EMTs,
EMTs-I advanced EMTs, or paramedics or by at least one first
responder and one
EMT-basic EMT, EMT-I advanced EMT, or
paramedic. One of these individuals may serve as the driver, but
if the staffing requirement is being met by utilizing a medical
first responder, the medical first responder shall serve as the
driver.
Sec. 5502.21. As used in sections 5502.21 to 5502.51 of the
Revised Code:
(A) "Agency" means any administrative or operational
division, including an office, department, bureau, board,
commission, or authority, of the state or of a political
subdivision thereof, including volunteer agencies, organizations,
or departments.
(B) "Attack" means any attack, either actual or imminent, or
a series of attacks by an actual or potential enemy of the United
States or by a foreign nation upon the United States that causes
or may cause substantial damage to or destruction of life,
property, or the environment within the United States or that is
designed to injure the military or economic strength of the United
States. "Attack" includes, without limitation, acts of sabotage,
acts of terrorism, invasion, the use of bombs or shellfire,
conventional, nuclear, chemical, or biological warfare, and the
use of other weapons or processes.
(C) "Chief executive" means the president of the United
States, the governor of this state, the board of county
commissioners of any county, the board of township trustees of any
township, or the mayor or city manager of any municipal
corporation within this state.
(D) "Civil defense" is an integral part of emergency
management that includes all those activities and measures
designed or undertaken to minimize the effects upon the civilian
population caused or that would be caused by any hazard and to
effect emergency repairs to, or the emergency restoration of,
vital equipment, resources, supplies, utilities, and facilities
necessary for survival and for the public health, safety, and
welfare that would be damaged or destroyed by any hazard. "Civil
defense" includes, but is not limited to:
(1) Those measures to be taken during a hazard, including all
of the following:
(a) The enforcement of those passive defense regulations
necessary for the protection of the civilian population and
prescribed by duly established military or civil authorities;
(b) The evacuation of personnel to shelter areas;
(c) The control of traffic and panic situations;
(d) The control and use of emergency communications,
lighting, and warning equipment and systems.
(2) Those measures to be taken after a hazard has occurred,
including all of the following:
(a) Activities necessary for firefighting, rescue, emergency,
medical, health, and sanitation services;
(b) Monitoring for secondary hazards that could be caused
from the initiating event;
(c) Damage assessment and disaster analysis operations;
(d) Coordination of disaster assistance programs;
(e) Monitoring for effects from weapons;
(f) Unexploded bomb reconnaissance;
(g) Essential debris clearance;
(h) Decontamination operations;
(i) Documentation of operations and financial expenses;
(j) Resource control;
(k) Any other activities that may be necessary for survival
and the overall health, safety, and welfare of the civilian
population.
(E) "Disaster" means any imminent threat or actual occurrence
of widespread or severe damage to or loss of property, personal
hardship or injury, or loss of life that results from any natural
phenomenon or act of a human.
(F) Emergency Except as provided in section 5502.41 of the
Revised Code, "emergency" means any period during which the
congress of the United States or a chief executive has declared or
proclaimed that an emergency exists.
(G) "Emergency management" includes all emergency
preparedness and civil defense activities and measures, whether or
not mentioned or described in sections 5502.21 to 5502.51 of the
Revised Code, that are designed or undertaken to minimize the
effects upon the civilian population caused or that could be
caused by any hazard and that are necessary to address mitigation,
emergency preparedness, response, and recovery.
(H) "Emergency preparedness" is an integral part of emergency
management that includes those activities and measures designed or
undertaken in preparation for any hazard, including, but not
limited to, natural disasters and hazards involving hazardous
materials or radiological materials, and that will enhance the
probability for preservation of life, property, and the
environment. "Emergency preparedness" includes, without
limitation:
(1) The establishment of appropriate agencies and
organizations;
(2) The development of necessary plans and standard operating
procedures for mitigation, preparation, response, and recovery
purposes, including, without limitation, the development of
supporting agreements and memorandums of understanding;
(3) Hazard identification;
(4) Capability assessment;
(5) The recruitment, retention, and training of personnel;
(6) The development, printing, and distribution of emergency
public information, education, and training materials and
programs;
(7) The necessary conduct of research;
(8) The development of resource inventories;
(9) The procurement and stockpiling of equipment, food,
water, medical supplies, and any other supplies necessary for
survival and for the public health, safety, and welfare;
(10) The development and construction of public shelter
facilities and shelter spaces;
(11) The development and construction of emergency operations
centers for the conduct and support of coordination, direction,
and control activities;
(12) When appropriate and considered necessary, the
nonmilitary evacuation or temporary relocation of the civilian
population.
(I) "Hazard" means any actual or imminent threat to the
survival or overall health, safety, or welfare of the civilian
population that is caused by any natural, human-made, or
technological event. "Hazard" includes, without limitation, an
attack, disaster, and emergency.
(J) "Hazard identification" means an identification,
historical analysis, inventory, or spatial distribution of risks
that could affect a specific geographical area and that would
cause a threat to the survival, health, safety, or welfare of the
civilian population, the property of that population, or the
environment.
(K) "Law" includes a general or special statute, law, local
law, ordinance, resolution, rule, order, or rule of common law.
(L) "Mitigation" means all those activities that reduce or
eliminate the probability of a hazard. "Mitigation" also includes
long-term activities and measures designed to reduce the effects
of unavoidable hazards.
(M) Political Except as provided in section 5502.41 of the
Revised Code, "political subdivision" means a county, township, or
municipal corporation in this state.
(N) "Recovery" includes all those activities required and
necessary to return an area to its former condition to the extent
possible following the occurrence of any hazard.
(O) "Response" includes all those activities that occur
subsequent to any hazard and that provide emergency assistance
from the effects of any such hazard, reduce the probability of
further injury, damage, or destruction, and are designed or
undertaken to speed recovery operations.
(P) "Structure" includes shelters, additions to or
alterations of existing buildings, and portions of existing
buildings dedicated to public use, made and designed exclusively
for protection against the shock or other effects of nuclear,
biological, or chemical warfare, special housing for equipment,
and all other structural means of protection of individuals and
property against any hazard.
(Q) "Equipment" includes fire-fighting, first-aid, emergency
medical, hospital, salvage, and rescue equipment and materials,
equipment for evacuation or relocation of individuals,
radiological monitoring equipment, hazardous materials response
gear, communications equipment, warning equipment, and all other
means, in the nature of personal property, to be used exclusively
in the protection of individuals and property against the effects
of any hazard.
(R) "Certifying authority" means the executive director of
the emergency management agency provided for by section 5502.22 of
the Revised Code.
(S) "Civil defense certificate" means a civil defense
certificate of necessity issued pursuant to section 5502.42 of the
Revised Code.
Sec. 5502.281. (A) The executive director of the emergency
management agency, jointly with the director of health, shall do
both of the following:
(1) Advise, assist, consult with, and cooperate with agencies
and political subdivisions of this state to establish and maintain
a statewide system for recruiting, registering, training, and
deploying the types of volunteers reasonably necessary to respond
to an emergency declared by the state or a political subdivision;
(2) Establish fees, procedures, standards, and requirements
necessary for recruiting, registering, training, and deploying the
volunteers as required under this section.
(B)(1) A registered volunteer's status as a volunteer, and
any information presented in summary, statistical, or aggregate
form that does not identify an individual, is a public record
pursuant to section 149.43 of the Revised Code.
(2) Information related to a registered volunteer's specific
and unique responsibilities, assignments, or deployment plans,
including but not limited to training, preparedness, readiness, or
organizational assignment, is a security record for purposes of
section 149.433 of the Revised Code.
(3) Information related to a registered volunteer's personal
information, including but not limited to contact information,
medical information, or information related to family members or
dependents, is not a public record pursuant to section 149.43 of
the Revised Code.
(C) A volunteer registered under this section is not liable
in damages to any person or government entity in tort or other
civil action, including an action upon a medical, dental,
chiropractic, optometric, or other health-related claim or
veterinary claim, for injury, death, or loss to person or property
that may arise from an act or omission of that volunteer. This
division applies to a registered volunteer while providing
services within the scope of the volunteer's responsibilities
during an emergency declared by the state or political subdivision
or in disaster-related exercises, testing, or other training
activities, if the volunteer's act or omission does not constitute
willful or wanton misconduct.
(D) As used in this section:
(1) "Registered volunteer" means any individual registered as
a volunteer pursuant to procedures established under this section
and who serves without pay or other consideration, other than the
reasonable reimbursement or allowance for expenses actually
incurred or the provision of incidental benefits related to the
volunteer's service, such as meals, lodging, and child care.
(2) "Political subdivision" means a county, township, or
municipal corporation in this state.
Sec. 5502.29. (A) As used in this section, "political
subdivision" has the same meaning as in section 5502.41 of the
Revised Code.
(B) Political subdivisions, in collaboration with other
public and private agencies within this state, may develop mutual
assistance or aid arrangements agreements for reciprocal emergency
management assistance or aid
and assistance in case of any hazard
too great to be dealt with unassisted. Such arrangements shall be
consistent with the rules adopted by the director of public safety
under section 5502.25 of the Revised Code for purposes of
preparing for, responding to, and recovering from an incident,
disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources. In time of
any hazard incident, disaster, exercise, training activity,
planned event, or emergency, any of which requires additional
resources, each political subdivision may render assistance in
accordance with such mutual assistance or aid
arrangements
agreements. Such mutual assistance or aid arrangements agreements
shall not in any manner relieve the chief executive elected
official of any political subdivision of the responsibility for
either entering into a written agreement establishing a countywide
emergency management agency under section 5502.26 of the Revised
Code, entering into a written agreement establishing a regional
authority for emergency management under section 5502.27 of the
Revised Code, or establishing a program for providing emergency
management under section 5502.271 of the Revised Code.
(C) Political subdivisions, in collaboration with political
subdivisions in adjacent states, may develop agreements for mutual
assistance or aid for purposes of preparing for, responding to,
and recovering from an incident, disaster, exercise, training
activity, planned event, or emergency, any of which requires
additional resources. Each political subdivision may render
assistance in accordance with the mutual assistance or aid
agreements. A mutual assistance or aid agreement with political
subdivisions in adjacent states shall be approved by the chief
elected officials of the agreeing political subdivisions or their
designees and shall be prepared in accordance with the laws,
regulations, ordinances, and resolutions applicable to the
agreeing political subdivisions.
(D) When engaged in preparation for, response to, or recovery
from an incident, disaster, exercise, training activity, planned
event, or emergency, any of which requires additional resources,
and in accordance with the applicable mutual assistance or aid
agreement, personnel from political subdivisions outside this
state shall be permitted to provide services within this state in
accordance with this section and the terms of the mutual
assistance or aid agreement.
(E) Personnel of the responding political subdivision shall
continue under their local command and control structure, but
shall be under the operational control of the appropriate
officials within the incident management system of the political
subdivision receiving the assistance or aid.
(F) Nothing in this section shall be construed to prohibit a
private company or its employees from participating in the
provision of mutual assistance or aid, if the responding political
subdivision approves the participation and the contract between
the political subdivision and the private company permits the
participation.
(G) Nothing in this section shall be construed to prohibit
personnel of political subdivisions in this state from responding
to a request for mutual assistance or aid resulting from an
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources, when the
personnel are responding as part of a regional response team that
is under the operational control of the incident command
structure.
(H) Whenever a person from outside this state who is subject
to a mutual assistance or aid agreement authorized by this section
holds a license, certificate, or other permit issued by any state
evidencing qualification for professional, mechanical, or other
skills, such license, certificate, or other permit shall be
recognized by this state as authorizing the person to render
assistance or aid in this state involving such skill to meet the
request for assistance or aid, so long as the person is acting
within the scope of the person's license, certificate, or other
permit.
(I) Personnel rendering assistance or aid pursuant to a
mutual assistance or aid agreement authorized by this section
remain employees or agents of their respective political
subdivisions, including for purposes of tort liability and
immunity from tort liability, and nothing in this section or any
mutual assistance or aid agreement entered into pursuant to this
section creates an employment relationship between the political
subdivision requesting aid and the employees or agents of the
political subdivision rendering aid.
(J) Responding political subdivisions and the personnel of
that political subdivision, while rendering assistance or aid
under this section, or while in route to or from rendering
assistance or aid under this section, in a political subdivision
in an adjacent state under an agreement authorized by this
section, shall be deemed to be exercising governmental functions
as defined in section 2744.01 of the Revised Code, shall have the
defenses to and immunities from civil liability provided in
sections 2744.02 and 2744.03 of the Revised Code, and shall be
entitled to all applicable limitations on recoverable damages
under section 2744.05 of the Revised Code.
(K) All pension, disability, death benefits, workers'
compensation, and other benefits enjoyed by personnel rendering
interstate or intrastate mutual assistance or aid shall extend to
the services they perform outside their respective political
subdivisions to the same extent as while acting within the
boundaries of the political subdivisions, and personnel are
entitled to the rights and benefits of Chapter 4123. to the same
extent as while performing service within the boundaries of the
political subdivisions.
Sec. 5502.41. (A) As used in this section:
(1) "Chief executive of a participating political
subdivision" means the elected chief executive of a participating
political subdivision or, if the political subdivision does not
have an elected chief executive, a member of the political
subdivision's governing body or an employee of the political
subdivision appointed by the governing body's members to be its
representative for purposes of the intrastate mutual aid program
created pursuant to this section.
(2) "Countywide emergency management agency" means a
countywide emergency management agency established under section
5502.26 of the Revised Code.
(2)(3) "Emergency" means any period during which the congress
of the United States, a chief executive as defined in section
5502.21 of the Revised Code, or a chief executive of a
participating political subdivision has declared or proclaimed
that an emergency exists.
(4) "Participating political subdivision" means each
political subdivision in this state except a political subdivision
that enacts or adopts, by appropriate legislation, ordinance,
resolution, rule, bylaw, or regulation signed by its chief
executive, a declaration decision not to participate in the
intrastate mutual aid program created by this section and that
provides a copy of the legislation, ordinance, resolution, rule,
bylaw, or regulation to the state emergency management agency and
to the countywide emergency management agency, regional authority
for emergency management, or program for emergency management
within the political subdivision, which is responsible for
emergency management in the political subdivision.
(3)(5) "Planned event" means a scheduled nonemergency
activity as defined by the national incident management system
adopted under section 5502.28 of the Revised Code as the state's
standard procedure for incident management. "Planned event"
includes, but is not limited to, a sporting event, concert, or
parade.
(6) "Political subdivision" or "subdivision" has the same
meaning as in section 2744.01 of the Revised Code and also
includes a health district established under Chapter 3709. of the
Revised Code.
(7) "Program for emergency management within a political
subdivision" means a program for emergency management created by a
political subdivision under section 5502.271 of the Revised Code.
(4)(8) "Regional authority for emergency management" means a
regional authority for emergency management established under
section 5502.27 of the Revised Code.
(9) "Regional response team" means a group of persons from
participating political subdivisions who provide mutual assistance
or aid in preparation for, response to, or recovery from an
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources. "Regional
response team" includes, but is not limited to, an incident
management team, hazardous materials response team, water rescue
team, bomb team, or search and rescue team.
(B) There is hereby created the intrastate mutual aid program
to be known as "the intrastate mutual aid compact" to complement
existing mutual aid agreements in the event of a disaster that
results in a formal declaration of emergency by a participating
political subdivision. The program shall provide have two
purposes:
(1) Provide for mutual assistance or aid among the
participating political subdivisions in response to and recovery
from any for purposes of preparing for, responding to, and
recovering from an incident, disaster that results in a formal
declaration of emergency by a participating political subdivision;
shall provide for mutual cooperation among the participating
political subdivisions in conducting disaster-related exercises,
testing, or other training activities using the services,
equipment, supplies, materials, personnel, and other resources of
the participating political subdivisions to simulate the provision
of mutual aid; and shall embody, exercise, training activity,
planned event, or emergency, any of which requires additional
resources;
(2) Establish a method by which a participating political
subdivision may seek assistance in the event of a formally
declared emergency, which or aid that resolves many of the common
issues facing political subdivisions at the time of a formally
declared emergency before, during, and after an incident,
disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources, and will
ensure that ensures, to the extent possible, eligibility for
available state and federal disaster assistance or other funding.
(C) Each countywide emergency management agency, regional
authority for emergency management, and program for emergency
management within a political subdivision, which is responsible
for emergency management in a participating political subdivision
shall, as part of its program for emergency management under
sections 5502.22, 5502.26, 5502.27, and 5502.271 of the Revised
Code, as applicable, and in coordination with all departments,
divisions, boards, commissions, agencies, and other
instrumentalities of, and having emergency response functions
within, each participating that political subdivision served by
that agency, authority, or program, shall establish procedures or
plans that, to the extent possible, accomplish both of the
following:
(1) Identify hazards that potentially could affect the
participating political subdivisions served by that agency,
authority, or program;
(2) Identify and inventory the current services, equipment,
supplies, personnel, and other resources related to the
preparedness, response, and recovery activities of the
participating political subdivisions served by that agency,
authority, or program.
(D)(1) Within one year after December 23, 2002, the The
executive director of the state emergency management agency shall
coordinate with the countywide emergency management agencies,
regional authorities for emergency management, and programs for
emergency management within a political subdivision, which are
responsible for emergency management in participating political
subdivisions, in identifying and formulating appropriate
procedures or plans to resolve resource shortfalls, as part of
their respective programs for emergency management under sections
5502.22, 5502.26, 5502.27, and 5502.271 of the Revised Code, as
applicable.
(2) During and after the formulation of the procedures or
plans to resolve resource shortfalls, there shall be ongoing
consultation and coordination among the executive director of the
state emergency management agency; the countywide emergency
management agencies, regional authorities for emergency
management, and programs for emergency management within a
political subdivision, which are responsible for emergency
management in participating political subdivisions; and all
departments, divisions, boards, commissions, agencies, and other
instrumentalities of, and having emergency response functions
within, each participating political subdivision, regarding this
section, local procedures and plans, and the resolution of the
resource shortfalls.
(E) Participating political subdivisions may request
assistance of other participating political subdivisions in
response to and recovery from a disaster during formally declared
emergencies or in disaster-related exercises, testing, or other
training activities. (1) A participating political subdivision
that is impacted by an incident, disaster, exercise, training
activity, planned event, or emergency, any of which requires
additional resources, may request mutual assistance or aid by
doing either of the following:
(a) Declaring a state of emergency and issuing a request for
assistance or aid from any other participating political
subdivision;
(b) Issuing to another participating political subdivision a
verbal or written request for assistance or aid. If the request is
made verbally, a written confirmation of the request shall be made
not later than seventy-two hours after the verbal request is made.
(2) Requests for assistance or aid made under division (E)(1)
of this section shall be made through the emergency management
agency
of a participating political subdivision or an official
designated by the chief executive of the participating political
subdivision from which the assistance or aid is requested.
Requests may be verbal or in writing. If verbal, the request shall
be confirmed in writing within seventy-two hours after the verbal
request is made. Requests and shall provide the following
information:
(1)(a) A description of the incident, disaster, exercise,
training activity, planned event, or emergency;
(2)(b) A description of the assistance or aid needed;
(3)(c) An estimate of the length of time the assistance or
aid will be needed;
(4)(d) The specific place and time for staging of the
assistance or aid and a point of contact at that location.
(F) A participating political subdivision's obligation to
subdivision shall provide assistance in response to and recovery
from a disaster or in disaster-related exercises, testing, or
other training activities under this section or aid to another
participating political subdivision that is impacted by an
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources. The
provision of the assistance or aid is subject to the following
conditions:
(1) A participating political subdivision requesting
assistance must have either declared a state of emergency by
resolution of its chief executive or scheduled disaster-related
exercises, testing, or other training activities.
(2) A The responding participating political subdivision may
withhold resources necessary to provide for its own protection.
(3)(2) Personnel of a the responding participating political
subdivision shall continue under their local command and control
structure, but shall be under the operational control of the
appropriate officials within the incident management system of the
participating political subdivision receiving assistance or aid.
(4)(3) Responding law enforcement officers acting pursuant to
this section have the same authority to enforce the law as when
acting within the territory of their regular employment.
(G)(1) Nothing in this section alters shall do any of the
following:
(a) Alter the duties and responsibilities of emergency
response personnel;
(b) Prohibit a private company from participating in the
provision of mutual assistance or aid pursuant to the compact
created pursuant to this section if the participating political
subdivision approves the participation and the contract with the
private company allows for the participation;
(c) Prohibit employees of participating political
subdivisions from responding to a request for mutual assistance or
aid precipitated by an incident, disaster, exercise, training
activity, planned event, or emergency, any of which requires
additional resources, when the employees are responding as part of
a regional response team that is under the operational control of
the incident command structure;
(d) Authorize employees of participating political
subdivisions to respond to an incident, disaster, exercise,
training activity, planned event, or emergency, any of which
requires additional resources, without a request from a
participating political subdivision.
(2) This section does not preclude a participating political
subdivision from entering into a mutual aid or other agreement
with another political subdivision, and does not affect any other
agreement to which a participating political subdivision may be a
party, or any request for assistance or aid that may be made,
under any other section of the Revised Code, including, but not
limited to, any mutual aid arrangement under this chapter, any
fire protection or emergency medical services contract under
section 9.60 of the Revised Code, sheriffs' requests for
assistance to preserve the public peace and protect persons and
property under section 311.07 of the Revised Code, agreements any
agreement for mutual assistance or aid in police protection under
section 737.04 of the Revised Code, any agreement for law
enforcement services between universities and colleges and
political subdivisions under section 3345.041 or 3345.21 of the
Revised Code, and mutual aid agreements among emergency planning
districts for hazardous substances or chemicals response under
sections 3750.02 and 3750.03 of the Revised Code.
(H)(1) Personnel of a responding participating political
subdivision who suffer injury or death in the course of, and
arising out of, their employment while rendering assistance or aid
under this section to another participating political subdivision
under this section are entitled to all applicable benefits under
Chapters 4121. and 4123. of the Revised Code.
(2) Personnel of a responding participating political
subdivision shall be considered, while rendering assistance or aid
under this section in another participating political subdivision
under this section, to be agents of the participating responding
political subdivision receiving the assistance for purposes of
tort liability and immunity from tort liability under the law of
this state.
(3)(a) A responding participating political subdivision and
the personnel of that political subdivision, while rendering
assistance or aid under this section, or while in route to or from
rendering assistance or aid under this section, in another
participating political subdivision under this section, shall be
deemed to be exercising governmental functions as defined in
section 2744.01 of the Revised Code, shall have the defenses to
and immunities from civil liability provided in sections 2744.02
and 2744.03 of the Revised Code, and shall be entitled to all
applicable limitations on recoverable damages under section
2744.05 of the Revised Code.
(b) A participating political subdivision requesting
assistance or aid and the personnel of that political subdivision,
while requesting or receiving assistance
or aid under this
section from any other participating political
subdivisions under
this section
subdivision, shall be deemed to be exercising
governmental functions as defined in section 2744.01 of the
Revised Code, shall have the defenses to and immunities from civil
liability provided in sections 2744.02 and 2744.03 of the Revised
Code, and shall be entitled to all applicable limitations on
recoverable damages under section 2744.05 of the Revised Code.
(I) If a person holds a license, certificate, or other permit
issued by a participating political subdivision evidencing
qualification in a professional, mechanical, or other skill, and
if the assistance or aid of that person is asked for under this
section by a participating political subdivision receiving
assistance under this section, the person shall be deemed to be
licensed or certified in or permitted by the participating
political subdivision receiving the assistance or aid to render
the assistance or aid, subject to any limitations and conditions
the chief executive of the participating political subdivision
receiving the assistance or aid may prescribe by executive order
or otherwise.
(J) Except (1) Subject to division (K) of this section and
except as otherwise provided in this division (J)(2) of this
section, any participating political subdivision rendering
assistance or aid under this section in another participating
political subdivision under this section shall be reimbursed by
the participating political subdivision receiving the assistance
or aid for any loss or damage to, or expense incurred in the
operation of, any equipment used in rendering the assistance or
aid, for any expense incurred in the provision of any service used
in rendering the assistance or aid, and for all other costs
incurred in responding to the request for assistance or aid.
However, a participating political subdivision rendering
assistance may assume in whole or in part the loss, damage,
expense, or costs, or may loan the equipment or donate the service
to the participating political subdivision receiving the
assistance without charge or cost; any two or more participating
political subdivisions may enter into agreements establishing a
different allocation of loss, damage, expense, or costs among
themselves; and expenses incurred under division (H)(1) of this
section are not reimbursable under this division. To avoid
duplication of payments, insurance proceeds available to cover any
loss or damage to equipment of a participating political
subdivision rendering assistance or aid shall be considered in the
reimbursement by the participating political subdivision receiving
the assistance or aid.
(2) A participating political subdivision rendering
assistance or aid under this section to another participating
political subdivision shall not be reimbursed for either of the
following:
(a) The first eight hours of mutual assistance or aid it
provides to the political subdivision receiving the assistance or
aid;
(b) Expenses the participating political subdivision incurs
under division (H)(1) of this section.
(K) A participating political subdivision rendering
assistance or aid under this section may do any of the following:
(1) Assume, in whole or in part, any loss, damage, expense,
or cost the political subdivision incurs in rendering the
assistance or aid;
(2) Loan, without charge, any equipment, or donate any
service, to the political subdivision receiving the assistance or
aid;
(3) Enter into agreements with one or more other
participating political subdivisions to establish different
allocations of losses, damages, expenses, or costs among such
political subdivisions.
SECTION 2. That existing sections 121.40, 3701.04, 4765.06,
4765.43, 5502.21, 5502.29, and 5502.41 and section 121.404 of the
Revised Code are hereby repealed.
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