Ohio Division of
Emergency Medical Services
Ohio State Board of
Emergency Medical Services
This document contains
Ohio Revised Code
Chapter 4765
Ohio Administrative
Code Chapter 4765
Current as of April 11, 2005
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Ohio Revised Code
Chapter 4765
Andersons
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Ohio Revised Code - Funding for
EMS/Trauma
OMVI License Reinstatement Fees
Ohio Revised Code – Chapter 3727 - Trauma
Center Statues
§
3727.09. Trauma care protocols;
trauma patient transfer agreements.
§ 3727.10. Prohibitions concerning trauma care.
§ 3727.101.
Verification/reverification as adult/pediatric trauma center; provisional
status.
§ 3727.102.
Notice of changes in trauma center status
Most Recent Updates
To Ohio Administrative Code Section Effective Date
4765-5-01 Definitions. 12-30-04
4765-5-02
Criteria for Eligibility. 12-30-04
4765-6-01 Procedures
for additional services 12-30-04
4765-6-03 Additional services in a declared emergency 12-30-04
4123:1-21-07 Fire department occupational safety and
health.
To Ohio Revised Code Section
References to lights and sirens on emergency vehicles
§ 4511.041. Exceptions for emergency or public safety vehicle responding to
emergency call.
§ 4511.45. Right-of-way of public safety or
coroner's vehicle.
§ 4513.17. Number of lights permitted; direction of beam; flashing,
oscillating or rotating lights.
Good Samaritain Law
§ 2305.23. Liability for emergency care
Automated External Defibrillators
§ 2305.235. Immunity as to automated external defibrillation.
§ 3313.717. Placement of automated external
defibrillators in schools; training of staff.
§
3701.85. Duties
of possessor of automated external defibrillator; authorized use.
References to Duty to Report Abuse and Neglect
§ 2151.42.1 Duty to report child abuse or
neglect; investigation and followup procedures.
§
5101.61. Duty to report abuse, neglect or exploitation of adult.
Ohio Revised Code (pages 2-60)
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Law # Law Title
§ 4765.01. Definitions.
§ 4765.02. Emergency
medical services board.
§ 4765.03. Executive
director; medical director; employees.
§ 4765.04.
Firefighter and fire safety inspector training committee; trauma committee and subcommittee;
other committees and subcommittees.
§ 4765.05. Prehospital emergency medical
services regions; directors, advisory
boards.
§ 4765.06. Incidence reporting system for
collecting information on delivery and frequency of services; trauma registries;
confidentiality of information.
§ 4765.08.
Statewide plan; plan for regulation during disasters; coordination with emergency
operations plan.
§ 4765.09. Recommendations
for operation of ambulance and emergency medical service organizations;
compliance reports.
§ 4765.10. General powers and duties of
state board.
§ 4765.11. Rule-making authority.
§ 4765.12. Guidelines for trauma victim
care and conduct of peer review and
quality
assurance programs.
§ 4765.15.
Accreditation of training
programs; approval of continuing education programs.
§ 4765.16. Development and teaching of
training and continuing education programs; standards.
§ 4765.17.
Issuance of certificate of accreditation or certificate of approval;
renewal.
§ 4765.18. Grounds for suspending,
revoking or canceling certificate.
§ 4765.22. Application for teaching certificate.
§ 4765.23.
Issuance; renewal; suspension or revocation.
§ 4765.24.
Certificate of successful completion issued to graduates; continuing education certificate.
§ 4765.28. Application for certificate to practice.
§ 4765.29. Examination for certificate to
practice.
§ 4765.30.
Conditions for issuance of certificate; renewal.
§ 4765.301Criminal
records check for prospective EMT.
§ 4765.31. Continuing education
requirements; extension or exemption.
§ 4765.32. Status of certificates issued
under prior law.
§ 4765.33. Rules for disciplinary
actions.
§ 4765.35. Performance
of services by first responders.
§ 4765.36. Performance of services while
in hospital.
§ 4765.37. Performance
of services by EMT-basic.
§ 4765.38. Performance
of services by EMT-I.
§ 4765.39.
Authorization to perform
paramedic techniques; emergency situations.
§ 4765.40. State and regional triage protocols for trauma
victims.
§ 4765.41. Protocols to govern when
communications unavailable.
§ 4765.42. Notice of name of medical
director or of advisory physicians.
§ 4765.43. Ambulance drivers;
staffing.
§ 4765.48. Actions against violators.
§ 4765.49. Civil immunity of emergency
medical personnel and agencies.
§ 4765.50. Prohibited representations or
activities without appropriate certificate; physician
prohibitions concerning trauma patients.
§ 4765.51. Registered nurses not
affected.
§ 4765.55.
Firefighter and fire safety inspector training programs.
§ 4765.56. Effect of child support
default.
§ 4765.99. Penalties.
Other Section of ORC related to EMS
§ 4113.41. Volunteer FF/EMT not to be terminated for
missing work due to emergency.
§1301:7-1-03
Enforcement. (Fire Service Authority
at scene)
References to lights and sirens on emergency vehicles
§ 4511.041. Exceptions for emergency or public safety vehicle responding to
emergency call.
§ 4511.45.
Right-of-way of public safety or coroner's vehicle.
§ 4513.17. Number of lights
permitted; direction of beam; flashing, oscillating or rotating lights.
Good Samaritain Law
§ 2305.23. Liability for emergency care
Automated External Defibrillators
§ 2305.235. Immunity as to automated external defibrillation.
§ 3313.717. Placement of automated external defibrillators
in schools; training of staff.
§
3701.85. Duties
of possessor of automated external defibrillator; authorized use.
References to Duty to Report Abuse and Neglect
§ 2151.42.1 Duty to report child abuse or
neglect; investigation and followup procedures.
§
5101.61. Duty to report abuse, neglect or exploitation of adult.
As used in this chapter:
(A)
"First responder" means an individual who holds a current, valid
certificate issued under section 4765.30
of the Revised Code to practice as a first responder.
(B) "Emergency medical
technician-basic" or "EMT-basic" means an individual who holds a
current, valid certificate issued under section 4765.30 of the Revised Code to practice as
an emergency medical technician-basic.
(C) "Emergency medical technician-intermediate"
or "EMT-I" means an individual who holds a current, valid certificate
issued under section 4765.30 of the
Revised Code to practice as an emergency medical technician-intermediate.
(D) "Emergency medical
technician-paramedic" or "paramedic" means an individual who
holds a current, valid certificate issued under section 4765.30 of the Revised Code to practice as
an emergency medical technician-paramedic.
(E) "Ambulance" means any motor
vehicle that is used, or is intended to be used, for the purpose of responding
to emergency medical situations, transporting emergency patients, and
administering emergency medical service to patients before, during, or after
transportation.
(F) "Cardiac monitoring" means a
procedure used for the purpose of observing and documenting the rate and rhythm
of a patient's heart by attaching electrical leads from an electrocardiograph
monitor to certain points on the patient's body surface.
(G) "Emergency medical service"
means any of the services described in sections 4765.35,
4765.37, 4765.38, and 4765.39 of the Revised Code that are performed
by first responders, emergency medical technicians-basic, emergency medical
technicians-intermediate, and paramedics. "Emergency medical service"
includes such services performed before or during any transport of a patient,
including transports between hospitals and transports to and from
helicopters.
(H) "Emergency medical service
organization" means a public or private organization using first
responders, EMTs-basic, EMTs-I, or paramedics, or a combination of first
responders, EMTs-basic, EMTs-I, and paramedics, to provide emergency medical
services.
(I) "Physician" means an individual
who holds a current, valid certificate issued under Chapter 4731 of the Revised
Code authorizing the practice of medicine and surgery or osteopathic medicine
and surgery.
(J) "Registered nurse" means an
individual who holds a current, valid license issued under Chapter 4723 of the
Revised Code authorizing the practice of nursing as a registered nurse.
(K) "Volunteer" means a person who
provides services either for no compensation or for compensation that does not
exceed the actual expenses incurred in providing the services or in training to
provide the services.
(L) "Emergency medical service
personnel" means first responders, emergency medical service
technicians-basic, emergency medical service technicians-intermediate,
emergency medical service technicians-paramedic, and persons who provide
medical direction to such persons.
(M) "Hospital" has the same meaning
as in section 3727.01 of the Revised Code.
(N) "Trauma" or "traumatic
injury" means severe damage to or destruction of tissue that satisfies
both of the following conditions:
(1) It creates a significant
risk of any of the following:
(a) Loss of life;
(b) Loss of a limb;
(c) Significant, permanent
disfigurement;
(d) Significant, permanent
disability.
(2) It is caused by any of
the following:
(a) Blunt or penetrating
injury;
(b) Exposure to electromagnetic,
chemical, or radioactive energy;
(c) Drowning, suffocation,
or strangulation;
(d) A deficit or excess of
heat.
(O) "Trauma victim" or "trauma
patient" means a person who has sustained a traumatic injury.
(P) "Trauma care" means the assessment,
diagnosis, transportation, treatment, or rehabilitation of a trauma victim by
emergency medical service personnel or by a physician, nurse, physician
assistant, respiratory therapist, physical therapist, chiropractor,
occupational therapist, speech-language pathologist, audiologist, or
psychologist licensed to practice as such in this state or another
jurisdiction.
(Q) "Trauma center" means all of the
following:
(1) Any hospital that is verified by the
American college of surgeons as an adult or pediatric trauma center;
(2) Any hospital that is operating as an adult
or pediatric trauma center under provisional status pursuant to section
3727.101 [3727.10.1] of the Revised Code;
(3) Until December 31, 2004, any hospital in
this state that is designated by the director of health as a level II pediatric
trauma center under section 3727.081 [3727.08.1] of the Revised Code;
(4) Any hospital in another state that is
licensed or designated under the laws of that state as capable of providing
specialized trauma care appropriate to the medical needs of the trauma
patient.
(R) "Pediatric" means involving a
patient who is less than sixteen years of age.
(S) "Adult" means involving a
patient who is not a pediatric patient.
(T) "Geriatric" means involving a
patient who is at least seventy years old or exhibits significant anatomical or
physiological characteristics associated with advanced aging.
(U) "Air medical organization" means
an organization that provides emergency medical services, or transports
emergency victims, by means of fixed or rotary wing aircraft.
(V) "Emergency care" and
"emergency facility" have the same meanings as in section 3727.01 of
the Revised Code.
(W) "Stabilize," except as it is
used in division (B) of section 4765.35 of the
Revised Code with respect to the manual stabilization of fractures, has the
same meaning as in section 1753.28 of the Revised Code.
(X) "Transfer" has the same meaning
as in section 1753.28 of the Revised Code.
HISTORY: RC § 4731.82, 136 v H 823 (Eff 8-31-76); 137 v H
1092 (Eff 7-21-78); 138 v H 419 (Eff 6-20-80); 138 v S 98 (Eff 10-6-80); 140 v
S 19 (Eff 9-18-84); 141 v S 62 (Eff 9-4-85); RC § 3303.08, 141 v H 222 (Eff
5-15-86); 141 v H 428 (Eff 12-23-86); RC § 4765.01, 144 v S 98 (Eff 11-12-92);
144 v H 478 (Eff 1-14-93); 146 v S 150 (Eff 11-24-95); 146 v H 405 (Eff
10-1-96); 148 v H 138 (Eff 11-3-2000); 149 v S 124. Eff 9-17-2002.
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§ 4765.02.
Emergency medical services board.
There is hereby created the state board of
emergency medical 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.
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. 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. 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, 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 who is in the active practice of
emergency nursing. The governor shall appoint this member from among three
persons nominated by the Ohio nurses association 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. 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, and one shall be a
paramedic. The governor shall appoint these members from among three
EMTs-basic, three EMTs-I, 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, and one shall be a paramedic whom
the governor shall appoint from among three EMTs-basic, three EMTs-I, 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 a paramedic nominated by the Ohio association of emergency medical
services. 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.
The governor may refuse to appoint any of the
persons nominated by one or more organizations under 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 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.
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.
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.
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 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.
HISTORY: RC § 3303.10, 141 v H 222 (Eff
5-15-86); RC § 4765.02, 144 v S 98 (Eff 11-12-92); 146 v S 150 (Eff 11-24-95);
146 v H 405 (Eff 10-1-96); 148 v H 138. Eff 11-3-2000.
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§ 4765.03.
Executive director; medical director; employees.
(A) The
director of public safety shall appoint a full-time executive director for the
state board of emergency medical 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.
HISTORY: RC
§ 3303.09, 141 v H 222 (Eff 5-15-86); RC § 4765.03, 144 v S 98 (Eff 11-12-92);
148 v H 138. Eff 11-3-2000.
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§ 4765.04.
Firefighter and fire safety inspector training committee; trauma committee and subcommittee;
other committees and subcommittees.
(A) The
firefighter and fire safety inspector training committee of the state board of
emergency medical services is hereby created and shall consist of the members
of the board who are chiefs of fire departments, and the members of the board
who are emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical technicians-paramedic appointed
from among persons nominated by the Ohio association of professional fire
fighters or the northern Ohio fire fighters and from among persons nominated by
the Ohio state firefighter's association. Each member of the committee, except
the chairperson, may designate a person with fire experience to serve in that
member's place. The members of the committee or their designees shall select a
chairperson from among the members or their designees.
(B) The
trauma committee of the state board of emergency medical services is hereby
created and shall consist of the following members appointed by the director of
public safety:
(1) A physician who is certified by the
American board of surgery or American osteopathic board of surgery and actively
practices general trauma surgery, appointed from among three persons nominated
by the Ohio chapter of the American college of surgeons, three persons
nominated by the Ohio state medical association, and three persons nominated by
the Ohio osteopathic association;
(2) A physician who is certified by the
American board of surgery or the American osteopathic board of surgery and
actively practices orthopedic trauma surgery, appointed from among three
persons nominated by the Ohio orthopedic society and three persons nominated by
the Ohio osteopathic association;
(3) A physician who is certified by the
American board of neurological surgeons or the American osteopathic board of
surgery and actively practices neurosurgery on trauma victims, appointed from
among three persons nominated by the Ohio state neurological society and three
persons nominated by the Ohio osteopathic association;
(4) A physician who is certified by the
American board of surgeons or American osteopathic board of surgeons and
actively specializes in treating burn victims, appointed from among three
persons nominated by the Ohio chapter of the American college of surgeons and
three persons nominated by the Ohio osteopathic association;
(5) A dentist who is certified by the American
board of oral and maxillofacial surgery and actively practices oral and
maxillofacial surgery, appointed from among three persons nominated by the Ohio
dental association;
(6) A physician who is certified by the
American board of physical medicine and rehabilitation or American osteopathic
board of rehabilitation medicine and actively provides rehabilitative care to
trauma victims, appointed from among three persons nominated by the Ohio
society of physical medicine and rehabilitation and three persons nominated by
the Ohio osteopathic association;
(7) A physician who is certified by the
American board of surgery or American osteopathic board of surgery with special
qualifications in pediatric surgery and actively practices pediatric trauma
surgery, appointed from among three persons nominated by the Ohio chapter of
the American academy of pediatrics and three persons nominated by the Ohio
osteopathic association;
(8) A physician who is certified by the
American board of emergency medicine or American osteopathic board of emergency
medicine, actively practices emergency medicine, and is actively involved in
emergency medical services, appointed from among three persons nominated by the
Ohio chapter of the American college of emergency physicians and three persons
nominated by the Ohio osteopathic association;
(9) A physician who is certified by the
American board of pediatrics, American osteopathic board of pediatrics, or
American board of emergency medicine, is sub-boarded in pediatric emergency
medicine, actively practices pediatric emergency medicine, and is actively
involved in emergency medical services, appointed from among three persons
nominated by the Ohio chapter of the American academy of pediatrics, three
persons nominated by the Ohio chapter of the American college of emergency
physicians, and three persons nominated by the Ohio osteopathic
association;
(10) A physician who is certified by the
American board of surgery, American osteopathic board of surgery, or American
board of emergency medicine and is the chief medical officer of an air medical
organization, appointed from among three persons nominated by the Ohio
association of air medical services;
(11) A coroner or medical examiner appointed
from among three people nominated by the Ohio state coroners' association;
(12) A registered nurse who actively practices
trauma nursing at an adult or pediatric trauma center, appointed from among
three persons nominated by the Ohio association of trauma nurse
coordinators;
(13) A registered nurse who actively practices
emergency nursing and is actively involved in emergency medical services,
appointed from among three persons nominated by the Ohio chapter of the
emergency nurses' association;
(14) The chief trauma registrar of an adult or
pediatric trauma center, appointed from among three persons nominated by the
alliance of Ohio trauma registrars;
(15) The administrator of an adult or
pediatric trauma center, appointed from among three persons nominated by OHA:
the association for hospitals and health systems, three persons nominated by
the Ohio osteopathic association, three persons nominated by the association of
Ohio children's hospitals, and three persons nominated by the health forum of
Ohio;
(16) The administrator of a hospital that is
not a trauma center and actively provides emergency care to adult or pediatric
trauma patients, appointed from among three persons nominated by OHA: the
association for hospitals and health systems, three persons nominated by the
Ohio osteopathic association, three persons nominated by the association of
Ohio children's hospitals, and three persons nominated by the health forum of
Ohio;
(17) The operator of an ambulance company that
actively provides trauma care to emergency patients, appointed from among three
persons nominated by the Ohio ambulance association;
(18) The chief of a fire department that
actively provides trauma care to emergency patients, appointed from among three
persons nominated by the Ohio fire chiefs' association;
(19) An EMT or paramedic who is certified
under this chapter and actively provides trauma care to emergency patients,
appointed from among three persons nominated by the Ohio association of
professional firefighters, three persons nominated by the northern Ohio fire
fighters, three persons nominated by the Ohio state firefighters' association,
and three persons nominated by the Ohio association of emergency medical
services;
(20) A person who actively advocates for
trauma victims, appointed from three persons nominated by the Ohio brain injury
association and three persons nominated by the governor's council on people
with disabilities;
(21) A physician or nurse who has substantial
administrative responsibility for trauma care provided in or by an adult or
pediatric trauma center, appointed from among three persons nominated by OHA:
the association for hospitals and health systems, three persons nominated by
the Ohio osteopathic association, three persons nominated by the association of
Ohio children's hospitals, and three persons nominated by the health forum of Ohio;
(22) Three representatives of hospitals that
are not trauma centers and actively provide emergency care to trauma patients,
appointed from among three persons nominated by OHA: the association for
hospitals and health systems, three persons nominated by the Ohio osteopathic
association, three persons nominated by the association of Ohio children's
hospitals, and three persons nominated by the health forum of Ohio. The
representatives may be hospital administrators, physicians, nurses, or other clinical
professionals.
Members of the committee shall have
substantial experience in the categories they represent, shall be residents of
this state, and may be members of the state board of emergency medical
services. In appointing members of the committee, the director shall attempt to
include members representing urban and rural areas, various geographical areas
of the state, and various schools of training. The director shall not appoint
to the committee more than one member who is employed by or practices at the
same hospital, health system, or emergency medical service organization.
The director may refuse to appoint any of the
persons nominated by an organization or organizations under this division. In
that event, the organization or organizations shall continue to nominate the
required number of persons until the director appoints to the committee one or
more of the persons nominated by the organization or organizations.
Initial appointments to the committee shall be
made by the director not later than ninety days after November 3, 2000. Members
of the committee shall serve at the pleasure of the director, except that any
member of the committee who ceases to be qualified for the position to which
the member was appointed shall cease to be a member of the committee. Vacancies
on the committee shall be filled in the same manner as original
appointments.
The members of the committee shall serve
without compensation but shall be reimbursed for actual and necessary expenses
incurred in carrying out duties as members of the committee.
The committee shall select a chairperson and
vice-chairperson from among its members. A majority of all members of the
committee shall constitute a quorum. No action shall be taken without the
concurrence of a majority of all members of the committee. The committee shall
meet at the call of the chair, upon written request of five members of the
committee, and at the direction of the state board of emergency medical
services. The committee shall not meet at times or locations that conflict with
meetings of the board. The executive director and medical director of the state
board of emergency medical services may participate in any meeting of the
committee and shall do so at the request of the committee.
The committee shall advise and assist the
state board of emergency medical services in matters related to adult and
pediatric trauma care and the establishment and operation of the state trauma
registry. In matters relating to the state trauma registry, the board and the
committee shall consult with trauma registrars from adult and pediatric trauma
centers in the state. The committee may appoint a subcommittee to advise and
assist with the trauma registry. The subcommittee may include persons with
expertise relevant to the trauma registry who are not members of the board or
committee.
(C) The
state board of emergency medical services may appoint other committees and
subcommittees as it considers necessary.
(D) The
state board of emergency medical services, and any of its committees or
subcommittees, may request assistance from any state agency. The board and its
committees and subcommittees may permit persons who are not members of those
bodies to participate in deliberations of those bodies, but no person who is
not a member of the board shall vote on the board and no person who is not a
member of a committee created under division (A) or (B) of this section shall
vote on that committee.
(E)
Sections 101.82 to 101.87 of the Revised Code do not apply to the
committees established under division (A) or (B) of this section.
HISTORY: 148 v H 138 (Eff
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§ 4765.05. Prehospital emergency medical services regions; directors,
advisory boards.
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.
The state board of emergency medical services
shall divide the state into prehospital emergency medical services regions for
purposes of overseeing the delivery of adult and pediatric prehospital
emergency medical services. These regions shall consist of the same geographic
regions as the health service areas designated by the director of health under
section 3702.58 of the Revised Code. For each region, the board shall appoint
either a physician to serve as the regional director or a physician advisory
board to serve as the regional advisory board. The board 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.
HISTORY: 144 v S 98 (Eff
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§ 4765.06. Incidence reporting system for collecting information on
delivery and frequency of services; trauma registries; confidentiality of
information.
(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, 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 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 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.
HISTORY: 144 v S 98 (Eff
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§ 4765.07. Grant
program.
(A) The
state board of emergency medical services shall adopt rules under section 4765.11 of the Revised Code to establish and
administer a grant program under which grants are distributed according to the
following priorities:
(1) First priority shall be given to emergency
medical service organizations for the training of personnel, for the purchase
of equipment and vehicles, and to improve the availability, accessibility, and
quality of emergency medical services in this state. In this category, the
board shall give priority to grants that fund training and equipping of
emergency medical service personnel.
(2) Second priority shall be given to entities
that research the causes, nature, and effects of traumatic injuries, educate
the public about injury prevention, and implement, test, and evaluate injury
prevention strategies.
(3) Third priority shall be given to entities
that research, test, and evaluate procedures that promote the rehabilitation,
retraining, and reemployment of adult or pediatric trauma victims and social
service support mechanisms for adult or pediatric trauma victims and their
families.
(4) Fourth priority shall be given to entities
that research, test, and evaluate medical procedures related to adult and
pediatric trauma care.
(B) The
grant program shall be funded from the trauma and emergency medical services
grants fund created by section 4513.263 [4513.26.3] of the Revised Code.
HISTORY: 144 v S 98 (Eff
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§ 4765.08.
Statewide plan; plan for regulation during disasters; coordination with
emergency operations plan.
The state board of emergency medical 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.
HISTORY: 144 v S 98 (Eff
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§ 4765.09. Recommendations for operation of ambulance
and emergency medical service organizations; compliance reports.
The state board of emergency medical 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.
HISTORY: RC § 4731.93, 136 v H 832 (Eff
8-31-76); RC § 3303.24, 141 v H 222 (Eff 5-15-86); 141 v H 428 (Eff 12-13-86);
142 v H 131 (Eff 6-29-88); 142 v H 708 (Eff 4-19-88); 143 v H 623 (7-24-90); RC
§ 4765.09, 144 v S 98 (Eff 11-12-92); 147 v S 30 (Eff 5-6-98); 148 v H 138. Eff
11-3-2000.
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§ 4765.10.
General powers and duties of state board.
(A) The
state board of emergency medical 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.
HISTORY: 144 v S 98 (Eff 11-12-92); 145 v S
226 (Eff 1-1-95); 146 v S 162 (Eff 10-29-95); 146 v S 150 (Eff 11-24-95); 146 v
H 405 (Eff 10-1-96); 146 v H 670 (Eff 12-2-96); 147 v S 30 (Eff 5-6-98); 148 v
H 138. Eff 11-3-2000.
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§ 4765.11. Rule-making authority.
(A) The
state board of emergency medical 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 [4513.26.3] 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.
(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
4765.57 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 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.
HISTORY: 144 v S 98 (Eff
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§ 4765.12.
Guidelines for trauma victim care and conduct of peer review and quality
assurance programs.
(A) Not later than two years after the effective
date of this section, the state board of emergency medical 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, 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 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.
HISTORY: 148 v H 138. Eff 11-3-2000.
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§
4765.15. Accreditation of training programs; approval of continuing education
programs.
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 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.
HISTORY: RC
§ 4731.83, 136 v H 832 (Eff 8-31-76); 137 v H 1092 (Eff 7-21-78); 140 v H 291
(Eff 7-1-83); RC § 3303.11, 141 v H 222 (Eff 5-15-86); RC § 4765.15, 144 v S 98
(Eff 11-12-92); 148 v H 138. Eff 11-3-2000.
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§ 4765.16.
Development and teaching of training and continuing education programs;
standards.
(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.
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 state board of emergency medical services 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;
(5) Clinical 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:
(1) Medical terminology;
(2) Venous access procedures;
(3) Airway 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.
HISTORY: RC
§ 4731.84, 136 v H 832 (Eff 8-31-76); 137 v H 1092 (Eff 7-21-78); 140 v S 19
(Eff 9-18-84); 141 v S 62 (Eff 9-4-85); RC § 3303.12, 141 v H 222 (Eff
5-15-86); RC § 4765.16, 144 v S 98 (Eff 11-12-92); 146 v S 150 (Eff 11-24-95);
146 v H 405 (Eff 10-1-96); 148 v H 138. Eff 11-3-2000.
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§ 4765.17. Issuance of certificate of
accreditation or certificate of approval; renewal.
(A) The
state board of emergency medical 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 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 he must meet 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 three years and may be
renewed by the board pursuant to procedures 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 one year and shall not be renewed 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 for which it is issued. 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
operator of an accredited or approved program may offer courses from the
program at more than one location.
HISTORY: 144 v S 98 (Eff
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§ 4765.18. Grounds for suspending,
revoking or canceling certificate.
The state board of emergency medical 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 [5122.30.1] 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.
HISTORY: RC
§ 4731.85, 136 v H 832 (Eff 8-31-76); 137 v H 725 (Eff 3-16-78); 137 v H 1092
(Eff 7-21-78); RC § 3303.14, 141 v H 222 (Eff 5-15-86); RC § 4765.18, 144 v S
98. Eff 11-12-92.
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§ 4765.22.
Application for teaching certificate.
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 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.
HISTORY: 144
v S 98. Eff 11-12-92.
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§ 4765.23. Issuance; renewal;
suspension or revocation.
The state board of emergency medical 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 is valid for two years
and may be renewed by the board pursuant to procedures 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.
The board may suspend or revoke a certificate
to teach pursuant to rules adopted under section 4765.11
of the Revised Code.
HISTORY: 144 v S 98. Eff 11-12-92.
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§ 4765.24. Certificate of successful
completion issued to graduates; continuing education certificate.
The operator of an accredited training program
for first responders shall issue a certificate of completion in first responder
training to each student who successfully completes the training program
described in division (B) of section 4765.16
of the Revised Code.
The operator of an accredited training program
for emergency medical technicians-basic shall issue a certificate of completion
in emergency medical services training-basic to each student who successfully
completes the EMT-basic program described in division (C) of section 4765.16 of the Revised Code.
The operator of an accredited training program
for emergency medical technicians-intermediate shall issue a certificate of
completion in emergency medical services training-intermediate to each student
who successfully completes the EMT-I program described in division (D) of
section 4765.16 of the Revised Code.
The operator of an accredited training program
for emergency medical technicians-paramedic shall issue a certificate of
completion in emergency medical services training-paramedic to each student who
successfully completes the training program described in division (E) of
section 4765.16 of the Revised Code.
The operator of an approved emergency medical
services continuing education program shall issue the appropriate certificate
of completion in emergency medical services continuing education to each
student who successfully completes a continuing education program described in
division (F) of section 4765.16 of the Revised
Code.
HISTORY: RC
§ 4731.86, 136 v H 832 (Eff 8-31-76); 137 v H 1092 (Eff 7-21-78); RC § 3303.15,
141 v H 222 (Eff 5-15-86); RC § 4765.24, 144 v S 98 (Eff 11-12-92); 146 v S 150
(Eff 11-24-95); 146 v H 405. Eff 10-1-96.
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§ 4765.28.
Application for certificate to practice.
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 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.
HISTORY: 144
v S 98 (Eff
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§ 4765.29.
Examination for certificate to practice.
(A) The
state board of emergency medical 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.
HISTORY: 144
v S 98 (Eff
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§
4765.30. Conditions for issuance of certificate; renewal.
(A) (1)
The state board of emergency medical services shall issue a certificate
to practice as a first responder to an applicant who meets all of the following
conditions:
(a) Except as provided in division (A)(2) of
this section, is a volunteer for a nonprofit emergency medical service
organization or a nonprofit fire department;
(b) Holds the appropriate certificate of
completion issued in accordance with section 4765.24
of the Revised Code;
(c) Passes the appropriate examination
conducted under section 4765.29 of the Revised
Code;
(d) Is not in violation of any provision of
this chapter or the rules adopted under it;
(e) Meets any other certification requirements
established in rules adopted under section 4765.11
of the Revised Code.
(2) The board may waive the requirement to be
a volunteer for a nonprofit entity if the applicant meets other requirements
established in rules adopted under division (B)(3) of section 4765.11 of the Revised Code relative to a person's
eligibility to practice as a first responder.
(B) The
state board of emergency medical services shall issue a certificate to practice
as an emergency medical technician-basic to an applicant who meets all of the
following conditions:
(1) Holds a certificate of completion in
emergency medical services training-basic issued in accordance with section 4765.24 of the Revised Code;
(2) Passes the examination for emergency
medical technicians-basic conducted under section 4765.29
of the Revised Code;
(3) Is not in violation of any provision of
this chapter or the rules adopted under it;
(4) Meets any other certification requirements
established in rules adopted under section 4765.11
of the Revised Code.
(C) The
state board of emergency medical services shall issue a certificate to practice
as an emergency medical technician-intermediate or emergency medical
technician-paramedic to an applicant who meets all of the following
conditions:
(1) Holds a certificate to practice as an
emergency medical technician-basic;
(2) Holds the appropriate certificate of
completion issued in accordance with section 4765.24
of the Revised Code;
(3) Passes the appropriate examination
conducted under section 4765.29 of the Revised
Code;
(4) Is not in violation of any provision of
this chapter or the rules adopted under it;
(5) Meets any other certification requirements
established in rules adopted under section 4765.11
of the Revised Code.
(D) A
certificate to practice is valid for three years and may be renewed by the
board pursuant to procedures established in 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 and furnish
an application for renewal.
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.
HISTORY: 144 v S 98 (Eff
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§ 4765.301. Criminal records check for prospective EMT.
(A) An
appointing authority may request the superintendent of BCII to conduct a
criminal records check with respect to any person who is under consideration
for appointment or employment as an emergency medical technician-basic, an
emergency medical technician-intermediate, or an emergency medical
technician-paramedic.
(B) (1)
The appointing authority may request that the superintendent of BCII
obtain information from the federal bureau of investigation as a part of the
criminal records check requested pursuant to division (A) of this section.
(2) An appointing authority authorized by
division (A) of this section to request a criminal records check shall provide
to each person for whom the appointing authority intends to request a criminal
records check a copy of the form prescribed pursuant to division (C)(1) of
section 109.578 [109.57.8] of the Revised Code and a standard impression sheet
to obtain fingerprint impressions prescribed pursuant to division (C)(2) of
section 109.578 [109.57.8] of the Revised Code, obtain the completed form and
impression sheet from the person, and forward the completed form and impression
sheet to the superintendent of BCII at the time the criminal records check is
requested.
(3) Any person subject to a criminal records
check who receives a copy of the form and a copy of the impression sheet
pursuant to division (B)(2) of this section and who is requested to complete
the form and provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and shall provide
the impression sheet with the impressions of the person's fingerprints. If a
person fails to provide the information necessary to complete the form or fails
to provide impressions of the person's fingerprints, the appointing authority
shall not appoint or employ the person as an emergency medical
technician-basic, an emergency medical technician-intermediate, or an emergency
medical technician-paramedic.
(C) (1)
Except as otherwise provided in division (C)(2) of this section, an
appointing authority shall not appoint or employ a person as an emergency
medical technician-basic, an emergency medical technician-intermediate, or an
emergency medical technician-paramedic if the appointing authority has
requested a criminal records check pursuant to division (A) of this section and
the criminal records check indicates that the person previously has been
convicted of or pleaded guilty to any of the following:
(a) A felony;
(b) A violation of section 2909.03 of the
Revised Code;
(c) A violation of an existing or former law
of this state, any other state, or the United States that is substantially
equivalent to any of the offenses described in division (C)(1)(a) or (b) of
this section.
(2) Notwithstanding division (C)(1) of this
section, an appointing authority may appoint or employ a person as an emergency
medical technician-basic, an emergency medical technician-intermediate, or an
emergency medical technician-paramedic if all of the following apply:
(a) The appointing authority has requested a
criminal records check pursuant to division (A) of this section.
(b) The criminal records check indicates that
the person previously has been convicted of or pleaded guilty to any of the
offenses described in division (C)(1) of this section.
(c) The person meets rehabilitation standards
established in rules adopted under division (E) of this section.
(3) If an appointing authority requests a
criminal records check pursuant to division (A) of this section, the appointing
authority may appoint or employ a person as an emergency medical
technician-basic, an emergency medical technician-intermediate, or an emergency
medical technician-paramedic conditionally until the criminal records check is
completed and the appointing authority receives the results. If the results of
the criminal records check indicate that, pursuant to division (C)(1) of this
section, the person subject to the criminal records check is disqualified from
appointment or employment, the appointing authority shall release the person
from appointment or employment.
(D) The
appointing authority shall pay to the bureau of criminal identification and investigation
the fee prescribed pursuant to division (C)(3) of section 109.578 [109.57.8] of
the Revised Code for each criminal records check conducted in accordance with
that section. The appointing authority may charge the applicant who is subject
to the criminal records check a fee for the costs the appointing authority
incurs in obtaining the criminal records check. A fee charged under this
division shall not exceed the amount of fees the appointing authority pays for
the criminal records check. If a fee is charged under this division, the
appointing authority shall notify the applicant at the time of the applicant's
initial application for appointment or employment of the amount of the fee and
that, unless the fee is paid, the applicant will not be considered for
appointment or employment.
(E) The
appointing authority shall adopt rules in accordance with Chapter 119. of the
Revised Code to implement this section. The rules shall include rehabilitation
standards a person who has been convicted of or pleaded guilty to an offense
listed in division (C)(1) of this section must meet for the appointing
authority to appoint or employ the person as an emergency medical
technician-basic, an emergency medical technician-intermediate, or an emergency
medical technician-paramedic.
(F) An
appointing authority that intends to request a criminal records check for an
applicant shall inform each applicant, at the time of the person's initial
application for appointment or employment, that the applicant is required to
provide a set of impressions of the person's fingerprints and that the
appointing authority requires a criminal records check to be conducted and
satisfactorily completed in accordance with section 109.578 [109.57.8] of the
Revised Code.
(G) As
used in this section:
(1) "Appointing authority" means any
person or body that has the authority to hire, appoint, or employ emergency
medical technicians-basic, emergency medical technicians-intermediate, or
emergency medical technicians-paramedic.
(2) "Criminal records check" has the
same meaning as in section 109.578 [109.57.8] of the Revised Code.
(3) "Superintendent of BCII" has the
same meaning as in section 2151.86 of the Revised Code.
HISTORY: 149 v S 258. Eff 4-9-2003.
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§ 4765.31. Continuing education requirements; extension or exemption.
(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 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.
HISTORY: 144 v S 98 (Eff
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§ 4765.32.
Status of certificates issued under prior law.
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
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.
HISTORY: RC § 3303.23, 141 v H 222 (Eff
5-15-86); RC § 4765.32, 144 v S 98 (Eff 11-12-92); 146 v S 150 (Eff 11-24-95);
148 v H 138. Eff 11-3-2000.
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§ 4765.33. Rules for disciplinary
actions.
The state board of emergency
medical 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.
HISTORY: RC § 3303.20.1, 141 v H 222 (Eff
5-15-86); RC § 4765.33, 144 v S 98 (Eff 11-12-92); 146 v S 150 (Eff 11-24-95);
146 v H 405. Eff 10-1-96.
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§ 4765.35. Performance of services by
first responders.
(A) A
first responder shall perform the emergency medical services described in this
section in accordance with this chapter and any rules adopted under it.
(B) A
first responder may provide limited emergency medical services to patients
until the arrival of an emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic. In an
emergency, a first responder may render emergency medical services such as
opening and maintaining an airway, giving mouth to barrier ventilation, chest
compressions, electrical interventions with automated defibrillators to support
or correct the cardiac function and other methods determined by the board,
controlling of hemorrhage, manual stabilization of fractures, bandaging,
assisting in childbirth, and determining triage of trauma victims.
(C) A
first responder 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 a first responder 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, a first
responder may perform services subject to this division, if, in the judgment of
the first responder, the life of the patient is in immediate danger. Services
performed under these circumstances shall be performed in accordance with the
written 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
first responder is affiliated.
HISTORY: 146 v H 405 (Eff
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§ 4765.36. Performance of services
while in hospital.
In a hospital, an emergency medical
technician-basic, emergency medical technician-intermediate, or emergency
medical technician-paramedic may perform emergency medical services only under
the direction and supervision of a physician or registered nurse designated by
a physician and only in the hospital's emergency department or while moving a
patient between the emergency department and another part of the hospital.
HISTORY: 146 v H 117 (Eff
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§ 4765.37.
Performance of services by EMT-basic.
(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 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.
HISTORY: 144 v S 98 (Eff
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§ 4765.38.
Performance of services by EMT-I.
(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.
HISTORY: RC § 4731.89.1, 137 v H 1092 (Eff
7-21-78); 141 v S 62 (Eff 9-4-85); RC § 3303.20, 141 v H 222 (Eff 5-15-86); RC
§ 4765.38, 144 v S 98 (Eff 11-12-92); 146 v S 150 (Eff 11-24-95); 148 v H 138.
Eff 11-3-2000.
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§
4765.39. Authorization to perform paramedic techniques; emergency situations.
(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.
HISTORY: RC § 4731.89, 136 v H 832 (Eff
8-31-76); 137 v H 1092 (Eff 7-21-78); RC § 3303.19, 141 v H 222 (Eff 5-15-86);
RC § 4765.39, 144 v S 98 (Eff 11-12-92); 148 v H 138. Eff 11-3-2000.
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§ 4765.40.
State and regional triage protocols for trauma victims.
(A) (1) Not later than two years after the effective
date of this amendment, the state board of emergency medical 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 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 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 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 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 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 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 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.
HISTORY: 144 v S 98 (Eff
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§ 4765.41.
Protocols to govern when communications unavailable.
The medical director or cooperating physician
advisory board of each emergency medical service organization shall establish
written protocols to be followed by first responders, emergency medical
technicians-basic, emergency medical technicians-intermediate, and emergency
medical technicians-paramedic in performing emergency medical services when
communications have failed or the required response prevents communication and
the life of the patient is in immediate danger. Those protocols shall be
consistent with applicable trauma triage protocols adopted under division (A)
or approved under division (B)(2) of section 4765.40
of the Revised Code, but may direct to an adult or pediatric trauma center
emergency victims that the applicable trauma triage protocols do not require to
be transported to an adult or pediatric trauma center.
HISTORY: 148 v H 138. Eff 11-3-2000.
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§ 4765.42. Notice of name of medical
director or of advisory physicians.
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 services. The notice shall be made in writing.
HISTORY: 144 v S 98. Eff 11-12-92.
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§ 4765.43.
Ambulance drivers; staffing.
(A) A
person who drives an ambulance that is equipped for emergency medical services,
is not required by this chapter to be certified as an emergency medical
technician-basic, emergency medical technician-intermediate, or emergency
medical technician-paramedic.
(B)
During each emergency run made by an ambulance that is equipped for
emergency medical services and is operated by an emergency medical service
organization that does not utilize any volunteer emergency medical service
providers, the ambulance shall be staffed by at least two EMTs-Basic, EMTs-I,
or paramedics. At any time a patient is being transported in an ambulance that
is equipped for emergency medical services and is operated by an emergency
medical service organization that utilizes volunteer emergency medical service
providers, the ambulance shall be staffed by at least two EMTs-Basic, EMTs-I,
or paramedics. At all other times during an emergency run, the ambulance shall
be staffed by at least one EMT-Basic, EMT-I, or paramedic. When an ambulance is
so staffed, it may be driven by a person who is not certified as an EMT-Basic,
EMT-I, or paramedic.
HISTORY: RC § 4731.84.1, 137 v H 1092 (Eff
7-21-78); RC § 3303.13, 141 v H 222 (Eff 5-15-86); RC § 4765.43, 144 v S 98
(Eff 11-12-92); 145 v H 152 (Eff 7-1-93); 146 v S 150. Eff 11-24-95.
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§ 4765.48.
Actions against violators.
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 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.
HISTORY: RC § 4731.88, 136 v H 832 (Eff
8-31-76); 136 v H 1 (Special) (Eff 9-2-76); 137 v H 219 (Eff 11-1-77); RC §
3303.18, 141 v H 222 (Eff 5-15-86); RC § 4765.48, 144 v S 98. Eff 11-12-92.
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§ 4765.49.
Civil immunity of emergency medical personnel and agencies.
(A) A
first responder, emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic is not
liable in damages in a civil action for injury, death, or loss to person or
property resulting from the individual's administration of emergency medical
services, unless the services are administered in a manner that constitutes
willful or wanton misconduct. A physician or registered nurse designated by a
physician, who is advising or assisting in the emergency medical services by
means of any communication device or telemetering system, is not liable in
damages in a civil action for injury, death, or loss to person or property
resulting from the individual's advisory communication or assistance, unless
the advisory communication or assistance is provided in a manner that
constitutes willful or wanton misconduct. Medical directors and members of
cooperating physician advisory boards of emergency medical service
organizations are not liable in damages in a civil action for injury, death, or
loss to person or property resulting from their acts or omissions in the
performance of their duties, unless the act or omission constitutes willful or
wanton misconduct.
(B) A
political subdivision, joint ambulance district, joint emergency medical
services district, or other public agency, and any officer or employee of a
public agency or of a private organization operating under contract or in joint
agreement with one or more political subdivisions, that provides emergency
medical services, or that enters into a joint agreement or a contract with the
state, any political subdivision, joint ambulance district, or joint emergency
medical services district for the provision of emergency medical services, is
not liable in damages in a civil action for injury, death, or loss to person or
property arising out of any actions taken by a first responder, EMT-basic,
EMT-I, or paramedic working under the officer's or employee's jurisdiction, or
for injury, death, or loss to person or property arising out of any actions of
licensed medical personnel advising or assisting the first responder, EMT-basic,
EMT-I, or paramedic, unless the services are provided in a manner that
constitutes willful or wanton misconduct.
(C) A
student who is enrolled in an emergency medical services training program
accredited under section 4765.17 of the Revised Code or an emergency medical
services continuing education program approved under that section is not liable
in damages in a civil action for injury, death, or loss to person or property
resulting from either of the following:
(1) The student's administration of emergency
medical services or patient care or treatment, if the services, care, or
treatment is administered while the student is under the direct supervision and
in the immediate presence of an EMT-basic, EMT-I, paramedic, registered nurse,
or physician and while the student is receiving clinical training that is
required by the program, unless the services, care, or treatment is provided in
a manner that constitutes willful or wanton misconduct;
(2) The student's training as an ambulance
driver, unless the driving is done in a manner that constitutes willful or
wanton misconduct.
(D) An
EMT-basic, EMT-I, paramedic, or other operator, who holds a valid commercial
driver's license issued pursuant to Chapter 4506. of the Revised Code or driver's
license issued pursuant to Chapter 4507. of the Revised Code and who is
employed by an emergency medical service organization that is not owned or
operated by a political subdivision as defined in section 2744.01 of the
Revised Code, is not liable in damages in a civil action for injury, death, or
loss to person or property that is caused by the operation of an ambulance by
the EMT-basic, EMT-I, paramedic, or other operator while responding to or
completing a call for emergency medical services, unless the operation
constitutes willful or wanton misconduct or does not comply with the
precautions of section 4511.03 of the Revised Code. An emergency medical
service organization is not liable in damages in a civil action for any injury,
death, or loss to person or property that is caused by the operation of an
ambulance by its employee or agent, if this division grants the employee or
agent immunity from civil liability for the injury, death, or loss.
(E) An
employee or agent of an emergency medical service organization who receives
requests for emergency medical services that are directed to the organization,
dispatches first responders, EMTs-basic, EMTs-I, or paramedics in response to
those requests, communicates those requests to those employees or agents of the
organization who are authorized to dispatch first responders, EMTs-basic,
EMTs-I, or paramedics, or performs any combination of these functions for the
organization, is not liable in damages in a civil action for injury, death, or
loss to person or property resulting from the individual's acts or omissions in
the performance of those duties for the organization, unless an act or omission
constitutes willful or wanton misconduct.
(F) A
person who is performing the functions of a first responder, EMT-basic, EMT-I,
or paramedic under the authority of the laws of a state that borders this state
and who provides emergency medical services to or transportation of a patient
in this state is not liable in damages in a civil action for injury, death, or
loss to person or property resulting from the person's administration of
emergency medical services, unless the services are administered in a manner
that constitutes willful or wanton misconduct. A physician or registered nurse
designated by a physician, who is licensed to practice in the adjoining state
and who is advising or assisting in the emergency medical services by means of
any communication device or telemetering system is not liable in damages in a
civil action for injury, death, or loss to person or property resulting from
the person's advisory communication or assistance, unless the advisory
communication or assistance is provided in a manner that constitutes willful or
wanton misconduct.
(G) A
person certified under section 4765.23 of the
Revised Code to teach in an emergency medical services training program or
emergency medical services continuing education program, and a person who
teaches at the Ohio fire academy established under section 3737.33 of the
Revised Code or in a fire service training program described in division (B) of
section 4765.55 of the Revised Code, is not liable
in damages in a civil action for injury, death, or loss to person or property
resulting from the person's acts or omissions in the performance of the
person's duties, unless an act or omission constitutes willful or wanton
misconduct.
(H) In
the accreditation of emergency medical services training programs or approval
of emergency medical services continuing education programs, the state board of
emergency medical services and any person or entity authorized by the board to
evaluate applications for accreditation or approval are not liable in damages
in a civil action for injury, death, or loss to person or property resulting
from their acts or omissions in the performance of their duties, unless an act
or omission constitutes willful or wanton misconduct.
(I) A
person authorized by an emergency medical service organization to review the
performance of first responders, EMTs-basic, EMTs-I, and paramedics or to
administer quality assurance programs is not liable in damages in a civil
action for injury, death, or loss to person or property resulting from the
person's acts or omissions in the performance of the person's duties, unless an
act or omission constitutes willful or wanton misconduct.
HISTORY: RC § 4731.90, 136 v H 832 (Eff
8-31-76); 137 v S 347 (Eff 7-13-78); 137 v H 1092 (Eff 7-21-78); 138 v H 1 (Eff
5-16-79); 138 v H 201 (Eff 2-28-80); 140 v H 446 (Eff 6-20-84); 141 v H 176
(Eff 11-20-85); RC § 3303.21, 141 v H 222 (Eff 5-15-86); 141 v H 428 (Eff
12-23-86); 143 v H 381 (Eff 7-1-89); RC § 4765.49, 144 v S 98 (Eff 11-12-92);
145 v H 384 (Eff 11-11-94); 146 v S 150 (Eff 11-24-95); 146 v H 405 (Eff
10-1-96); 149 v S 115. Eff 3-19-2003.
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§ 4765.50.
Prohibited representations or activities without appropriate certificate;
physician prohibitions concerning trauma patients.
(A)
Except as provided in division (D) of this section, no person shall
represent that the person is a first responder, an emergency medical
technician-basic or EMT-basic, an emergency medical technician-intermediate or
EMT-I, or an emergency medical technician-paramedic or paramedic unless
appropriately certified under section 4765.30
of the Revised Code.
(B) (1)
No person shall operate an emergency medical services training program
without a certificate of accreditation issued under section 4765.17 of the Revised Code.
(2) No person shall operate an emergency
medical services continuing education program without a certificate of approval
issued under section 4765.17 of the
Revised Code.
(C) No
public or private entity shall advertise or disseminate information leading the
public to believe that the entity is an emergency medical service organization,
unless that entity actually provides emergency medical services.
(D) 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 jurisdiction other than this
state, who is employed by or serves as a volunteer with an emergency medical
service organization based in that state, and provides emergency medical
services to or transportation of a patient in this state is not in violation of
division (A) of this section.
A person who is performing the functions of a
first responder, EMT-basic, EMT-I, or paramedic under a reciprocal agreement
authorized by section 4765.10 of the Revised Code
is not in violation of division (A) of this section.
(E) On
and after November 3, 2002, no physician shall purposefully do any of the
following:
(1) Admit an adult trauma patient to a
hospital that is not an adult trauma center for the purpose of providing adult
trauma care;
(2) Admit a pediatric trauma patient to a
hospital that is not a pediatric trauma center for the purpose of providing
pediatric trauma care;
(3) Fail to transfer an adult or pediatric
trauma patient to an adult or pediatric trauma center in accordance with
applicable federal law, state law, and adult or pediatric trauma protocols and
patient transfer agreements adopted under section 3727.09 of the Revised
Code.
HISTORY: RC § 4731.92, 136 v H 832 (Eff
8-31-76); 136 v H 1 (Special) (Eff 9-2-76); 137 v S 347 (Eff 7-13-78); 137 v H
1092 (Eff 7-21-78); 140 v H 446 (Eff 6-20-84); RC § 3303.22, 141 v H 222 (Eff
5-15-86); RC § 4765.50, 144 v S 98 (Eff 11-12-92); 146 v S 150 (Eff 11-24-95);
146 v H 405 (Eff 10-1-96); 148 v H 138 (Eff 11-3-2000); 149 v S 124. Eff 9-17-2002.
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§ 4765.51.
Registered nurses not affected.
Nothing in this chapter prevents or restricts
the practice, services, or activities of any registered nurse practicing within
the scope of his practice.
HISTORY: 144 v S 98. Eff 11-12-92.
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§ 4765.55. Firefighter and fire safety
inspector training programs.
(A)
This section does not apply to a cooperative education school
district.
(B) The
executive director of the state board of emergency medical services shall, with
the advice and counsel of the firefighter and fire safety inspector training
committee of the state board of emergency medical services, assist in the
establishment and maintenance by any state agency, or any county, township,
city, village, school district, or educational service center of a fire service
training program for the training of all paid and volunteer firefighters and
fire safety inspectors in this state. The executive director, with the advice
and counsel of the committee, shall adopt standards to regulate such
firefighter and fire safety inspector training programs. The standards may
include, but need not be limited to, provisions for minimum courses of study,
minimum hours of instruction, attendance requirements, required equipment and
facilities, qualifications of instructors, basic physical and methods training
required of firefighters and fire safety inspectors, and training schedules.
The standards 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 such training programs and may revoke any
charter for failure to meet standards.
(C)
Certificates issued under this division shall be prescribed by the
executive director, with the advice and counsel of the firefighter and fire
inspector training committee of the state board of emergency medical
services.
(1) The executive director shall issue a
certificate to each person satisfactorily completing a chartered training
program.
(2) The executive director, with the
committee's advice and counsel, shall establish criteria for evaluating the
standards maintained by other states and the branches of the United States
military for firefighter training programs to determine whether the standards
are equivalent to those established under this section and shall establish
requirements and procedures for issuing a certificate to each person who
presents proof to the executive director of having satisfactorily completed a
training program that meets those standards.
(3) The executive director, with the
committee's advice and counsel, shall establish requirements and procedures for
issuing a certificate in lieu of completing a chartered firefighter training
program to any person requesting a certificate who began serving as a permanent
full-time paid firefighter with the fire department of a city or village prior
to July 2, 1970, or as a volunteer firefighter with the fire department of a
township, fire district, city, or village prior to July 2, 1979.
(D)
Nothing in this section invalidates any other section of the Revised
Code relating to the fire training academy.
HISTORY: RC § 3303.07, 133 v S 226 (Eff
11-19-69); 137 v H 590 (Eff 7-1-79); RC § 4765.55, 144 v S 98 (Eff 11-12-92);
144 v S 195 (Eff 4-16-93); 146 v H 117 (Eff 9-29-95); 146 v S 150 (Eff
11-24-95); 146 v H 405 (Eff 10-1-96); 148 v H 138. Eff 11-3-2000.
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§
4765.56. Effect of child support default.
On receipt of a notice pursuant to section
3123.43 of the Revised Code, the state board of emergency medical 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.
HISTORY: 146 v H 167 (Eff
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Whoever violates division (A), (B), or (C) of
section 4765.50 of the Revised Code is guilty of a minor misdemeanor on a first
offense. On each subsequent offense, such person is guilty of a misdemeanor of
the fourth degree.
HISTORY: 144 v S 98. Eff 11-12-92.
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§ 4113.41. Volunteer firefighter or
emergency medical services provider not to be terminated for missing work due
to emergency.
(A) No employer shall terminate an employee who
is a member of a volunteer fire department, or who is employed by a political
subdivision of this state as a volunteer firefighter, or who is a volunteer
provider of emergency medical services because that employee, when acting as a
volunteer firefighter or a volunteer provider of emergency medical services, is
absent from or late to the employee's employment in order to respond to an
emergency prior to the time the employee is to report to work. An employer may
charge any time that an employee who is a volunteer firefighter or a volunteer
provider of emergency medical services loses from employment because of the
employee's response to an emergency against the employee's regular pay.
(B) An employee who is a volunteer firefighter or
volunteer provider of emergency medical services shall do all of the
following:
(1) Not later than thirty
days after receiving certification as a volunteer firefighter or a volunteer
provider of emergency services, submit to the employee's employer a written
notification signed by the chief of the volunteer fire department with which
the employee serves, or the medical director or chief administrator of the
cooperating physician advisory board of the emergency medical organization with
which the employee serves, to notify the employer of the employee's status as a
volunteer firefighter or volunteer provider of emergency services;
(2) Make every effort to
notify the employee's employer that the employee may report late to or be
absent from work due to the employee's dispatch to an emergency.
If notification of dispatch
to an emergency cannot be made either due to the extreme circumstances of the
emergency or the inability to contact the employer, then the employee shall
submit to the employee's employer a written explanation from the chief of the
volunteer fire department with which the employee serves, or the medical
director or chief administrator of the cooperating physician advisory board of
the emergency medical service organization with which the employee serves, as
applicable, to explain why prior notice was not given.
(C) At the employer's request, an employee who
loses time from the employee's employment to respond to an emergency shall
provide the employer with a written statement from the chief of the volunteer
fire department or the medical director or chief administrator of the
cooperating physician advisory board of the emergency medical service
organization, as applicable, stating that the employee responded to an
emergency and listing the time of that response.
(D) An employee who is a member of a volunteer
fire department, or who is employed by a political subdivision of this state as
a volunteer firefighter, or who is a volunteer provider of emergency medical
services shall notify that employee's employer when the employee's status as a
volunteer firefighter or volunteer provider of emergency medical services
changes, including when the employee's status as a volunteer firefighter or
volunteer provider of emergency medical services is terminated.
(E) If an employer purposely violates division
(A) of this section, the employee may bring a civil action for reinstatement to
the employee's former position of employment, payment of back wages, and full reinstatement
of fringe benefits and seniority rights. An action to enforce this section
shall be commenced within one year after the date of the violation in the court
of common pleas of the county where the place of employment is located.
(F) As used in this section:
(1) "Emergency"
means going to, attending to, or coming from a fire, hazardous or toxic
materials spill and cleanup, medical emergency, or other situation that poses
an imminent threat of loss of life or property to which the fire department or
provider of emergency medical services has been or later could be
dispatched.
(2) "Emergency medical
services" and "emergency medical service organization" have the
same meanings as in section 4765.01 of the Revised Code.
(3) "Volunteer
firefighter" has the same meaning as in section 146.01 of the Revised
Code.
HISTORY: 148 v H 203. Eff
3-5-2001.
The provisions of § 2 of HB
203 (148 v - ) read as follows:
SECTION 2. (A) Within thirty
days after the effective date of this act, the State Fire Marshal shall notify
every volunteer fire department and every volunteer emergency medical
organization of the provisions contained in this act.
(B) Not later than thirty
days after the State Fire Marshal provides the notification required under
division (A) of this section to the volunteer fire department or volunteer
emergency medical organization with which a volunteer firefighter or volunteer
provider of emergency medical services serves, each employee who is a volunteer
firefighter or volunteer provider of emergency medical services serving with
that department or organization shall submit to the employee's employer a
written notification signed by the chief of the volunteer fire department with
which the employee serves or the medical director or chief administrator of the
cooperating physician advisory board of the volunteer emergency medical
organization with which the employee serves, to notify the employer of the
employee's status as a volunteer firefighter or volunteer provider of emergency
services.
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§2151.42.1 Duty to report child abuse
or neglect; investigation and followup procedures.
(A) (1) (a)
No person described in division (A)(1)(b) of this section who is acting
in an official or professional capacity and knows or suspects that a child
under eighteen years of age or a mentally retarded, developmentally disabled,
or physically impaired child under twenty-one years of age has suffered or
faces a threat of suffering any physical or mental wound, injury, disability,
or condition of a nature that reasonably indicates abuse or neglect of the
child, shall fail to immediately report that knowledge or suspicion to the
entity or persons specified in this division. Except as provided in section
5120.173 [5120.17.3] of the Revised Code, the person making the report shall
make it to the public children services agency or a municipal or county peace
officer in the county in which the child resides or in which the abuse or
neglect is occurring or has occurred. In the circumstances described in section
5120.173 [5120.17.3] of the Revised Code, the person making the report shall
make it to the entity specified in that section.
(b) Division (A)(1)(a) of this section applies
to any person who is an attorney; physician, including a hospital intern or
resident; dentist; podiatrist; practitioner of a limited branch of medicine as
specified in section 4731.15 of the Revised Code; registered nurse; licensed
practical nurse; visiting nurse; other health care professional; licensed
psychologist; licensed school psychologist; independent marriage and family
therapist or marriage and family therapist; speech pathologist or audiologist;
coroner; administrator or employee of a child day-care center; administrator or
employee of a residential camp or child day camp; administrator or employee of
a certified child care agency or other public or private children services
agency; school teacher; school employee; school authority; person engaged in
social work or the practice of professional counseling; agent of a county
humane society; person rendering spiritual treatment through prayer in
accordance with the tenets of a well-recognized religion; superintendent, board
member, or employee of a county board of mental retardation; investigative
agent contracted with by a county board of mental retardation; or employee of
the department of mental retardation and developmental disabilities.
(2) An attorney or a physician is not required
to make a report pursuant to division (A)(1) of this section concerning any
communication the attorney or physician receives from a client or patient in an
attorney-client or physician-patient relationship, if, in accordance with
division (A) or (B) of section 2317.02 of the Revised Code, the attorney or
physician could not testify with respect to that communication in a civil or
criminal proceeding, except that the client or patient is deemed to have waived
any testimonial privilege under division (A) or (B) of section 2317.02 of the
Revised Code with respect to that communication and the attorney or physician
shall make a report pursuant to division (A)(1) of this section with respect to
that communication, if all of the following apply:
(a) The client or patient, at the time of the
communication, is either a child under eighteen years of age or a mentally
retarded, developmentally disabled, or physically impaired person under
twenty-one years of age.
(b) The attorney or physician knows or
suspects, as a result of the communication or any observations made during that
communication, that the client or patient has suffered or faces a threat of
suffering any physical or mental wound, injury, disability, or condition of a
nature that reasonably indicates abuse or neglect of the client or
patient.
(c) The attorney-client or physician-patient
relationship does not arise out of the client's or patient's attempt to have an
abortion without the notification of her parents, guardian, or custodian in
accordance with section 2151.85 of the Revised Code.
(B)
Anyone, who knows or suspects that a child under eighteen years of age
or a mentally retarded, developmentally disabled, or physically impaired person
under twenty-one years of age has suffered or faces a threat of suffering any
physical or mental wound, injury, disability, or other condition of a nature
that reasonably indicates abuse or neglect of the child may report or cause
reports to be made of that knowledge or suspicion to the entity or persons
specified in this division. Except as provided in section 5120.173 [5120.17.3]
of the Revised Code, a person making a report or causing a report to be made
under this division shall make it or cause it to be made to the public children
services agency or to a municipal or county peace officer. In the circumstances
described in section 5120.173 [5120.17.3] of the Revised Code, a person making
a report or causing a report to be made under this division shall make it or
cause it to be made to the entity specified in that section.
(C) Any
report made pursuant to division (A) or (B) of this section shall be made
forthwith either by telephone or in person and shall be followed by a written
report, if requested by the receiving agency or officer. The written report
shall contain:
(1) The names and addresses of the child and
the child's parents or the person or persons having custody of the child, if
known;
(2) The child's age and the nature and extent
of the child's known or suspected injuries, abuse, or neglect or of the known
or suspected threat of injury, abuse, or neglect, including any evidence of
previous injuries, abuse, or neglect;
(3) Any other information that might be
helpful in establishing the cause of the known or suspected injury, abuse, or
neglect or of the known or suspected threat of injury, abuse, or neglect.
Any person, who is required by division (A) of
this section to report known or suspected child abuse or child neglect, may
take or cause to be taken color photographs of areas of trauma visible on a
child and, if medically indicated, cause to be performed radiological
examinations of the child.
(D) (1)
When a municipal or county peace officer receives a report concerning
the possible abuse or neglect of a child or the possible threat of abuse or
neglect of a child, upon receipt of the report, the municipal or county peace
officer who receives the report shall refer the report to the appropriate
public children services agency.
(2) When a public children services agency
receives a report pursuant to this division or division (A) or (B) of this
section, upon receipt of the report, the public children services agency shall
comply with section 2151.422 [2151.42.2] of the Revised Code.
(E) No
township, municipal, or county peace officer shall remove a child about whom a
report is made pursuant to this section from the child's parents, stepparents,
or guardian or any other persons having custody of the child without
consultation with the public children services agency, unless, in the judgment
of the officer, and, if the report was made by physician, the physician,
immediate removal is considered essential to protect the child from further
abuse or neglect. The agency that must be consulted shall be the agency
conducting the investigation of the report as determined pursuant to section
2151.422 [2151.42.2] of the Revised Code.
(F) (1)
Except as provided in section 2151.422 [2151.42.2] of the Revised Code,
the public children services agency shall investigate, within twenty-four
hours, each report of known or suspected child abuse or child neglect and of a
known or suspected threat of child abuse or child neglect that is referred to
it under this section to determine the circumstances surrounding the injuries,
abuse, or neglect or the threat of injury, abuse, or neglect, the cause of the
injuries, abuse, neglect, or threat, and the person or persons responsible. The
investigation shall be made in cooperation with the law enforcement agency and
in accordance with the memorandum of understanding prepared under division (J)
of this section. A failure to make the investigation in accordance with the
memorandum is not grounds for, and shall not result in, the dismissal of any
charges or complaint arising from the report or the suppression of any evidence
obtained as a result of the report and does not give, and shall not be
construed as giving, any rights or any grounds for appeal or post-conviction
relief to any person. The public children services agency shall report each
case to a central registry which the department of job and family services
shall maintain in order to determine whether prior reports have been made in
other counties concerning the child or other principals in the case. The public
children services agency shall submit a report of its investigation, in
writing, to the law enforcement agency.
(2) The public children services agency shall
make any recommendations to the county prosecuting attorney or city director of
law that it considers necessary to protect any children that are brought to its
attention.
(G) (1) (a)
Except as provided in division (H)(3) of this section, anyone or any
hospital, institution, school, health department, or agency participating in
the making of reports under division (A) of this section, anyone or any
hospital, institution, school, health department, or agency participating in
good faith in the making of reports under division (B) of this section, and
anyone participating in good faith in a judicial proceeding resulting from the
reports, shall be immune from any civil or criminal liability for injury,
death, or loss to person or property that otherwise might be incurred or
imposed as a result of the making of the reports or the participation in the
judicial proceeding.
(b) Notwithstanding section 4731.22 of the
Revised Code, the physician-patient privilege shall not be a ground for
excluding evidence regarding a child's injuries, abuse, or neglect, or the cause
of the injuries, abuse, or neglect in any judicial proceeding resulting from a
report submitted pursuant to this section.
(2) In any civil or criminal action or
proceeding in which it is alleged and proved that participation in the making
of a report under this section was not in good faith or participation in a
judicial proceeding resulting from a report made under this section was not in
good faith, the court shall award the prevailing party reasonable attorney's
fees and costs and, if a civil action or proceeding is voluntarily dismissed,
may award reasonable attorney's fees and costs to the party against whom the
civil action or proceeding is brought.
(H) (1)
Except as provided in divisions (H)(4) and (M) of this section, a report
made under this section is confidential. The information provided in a report
made pursuant to this section and the name of the person who made the report
shall not be released for use, and shall not be used, as evidence in any civil
action or proceeding brought against the person who made the report. In a
criminal proceeding, the report is admissible in evidence in accordance with
the Rules of Evidence and is subject to discovery in accordance with the Rules
of Criminal Procedure.
(2) No person shall permit or encourage the
unauthorized dissemination of the contents of any report made under this
section.
(3) A person who knowingly makes or causes
another person to make a false report under division (B) of this section that
alleges that any person has committed an act or omission that resulted in a
child being an abused child or a neglected child is guilty of a violation of
section 2921.14 of the Revised Code.
(4) If a report is made pursuant to division
(A) or (B) of this section and the child who is the subject of the report dies
for any reason at any time after the report is made, but before the child
attains eighteen years of age, the public children services agency or municipal
or county peace officer to which the report was made or referred, on the request
of the child fatality review board, shall submit a summary sheet of information
providing a summary of the report to the review board of the county in which
the deceased child resided at the time of death. On the request of the review
board, the agency or peace officer may, at its discretion, make the report
available to the review board.
(5) A public children services agency shall
advise a person alleged to have inflicted abuse or neglect on a child who is
the subject of a report made pursuant to this section in writing of the
disposition of the investigation. The agency shall not provide to the person
any information that identifies the person who made the report, statements of
witnesses, or police or other investigative reports.
(I) Any
report that is required by this section, other than a report that is made to
the state highway patrol as described in section 5120.173 [5120.17.3] of the
Revised Code, shall result in protective services and emergency supportive
services being made available by the public children services agency on behalf
of the children about whom the report is made, in an effort to prevent further
neglect or abuse, to enhance their welfare, and, whenever possible, to preserve
the family unit intact. The agency required to provide the services shall be
the agency conducting the investigation of the report pursuant to section
2151.422 [2151.42.2] of the Revised Code.
(J) (1)
Each public children services agency shall prepare a memorandum of
understanding that is signed by all of the following:
(a) If there is only one juvenile judge in the
county, the juvenile judge of the county or the juvenile judge's
representative;
(b) If there is more than one juvenile judge
in the county, a juvenile judge or the juvenile judges' representative selected
by the juvenile judges or, if they are unable to do so for any reason, the
juvenile judge who is senior in point of service or the senior juvenile judge's
representative;
(c) The county peace officer;
(d) All chief municipal peace officers within
the county;
(e) Other law enforcement officers handling
child abuse and neglect cases in the county;
(f) The prosecuting attorney of the
county;
(g) If the public children services agency is
not the county department of job and family services, the county department of
job and family services;
(h) The county humane society.
(2) A memorandum of understanding shall set
forth the normal operating procedure to be employed by all concerned officials
in the execution of their respective responsibilities under this section and
division (C) of section 2919.21, division (B)(1) of section 2919.22, division
(B) of section 2919.23, and section 2919.24 of the Revised Code and shall have
as two of its primary goals the elimination of all unnecessary interviews of
children who are the subject of reports made pursuant to division (A) or (B) of
this section and, when feasible, providing for only one interview of a child
who is the subject of any report made pursuant to division (A) or (B) of this
section. A failure to follow the procedure set forth in the memorandum by the
concerned officials is not grounds for, and shall not result in, the dismissal
of any charges or complaint arising from any reported case of abuse or neglect
or the suppression of any evidence obtained as a result of any reported child
abuse or child neglect and does not give, and shall not be construed as giving,
any rights or any grounds for appeal or post-conviction relief to any person.
(3) A memorandum of understanding shall
include all of the following:
(a) The roles and responsibilities for
handling emergency and nonemergency cases of abuse and neglect;
(b) Standards and procedures to be used in
handling and coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in interviewing the child
who is the subject of the report and who allegedly was abused or neglected, and
standards and procedures addressing the categories of persons who may interview
the child who is the subject of the report and who allegedly was abused or
neglected.
(K) (1)
Except as provided in division (K)(4) of this section, a person who is
required to make a report pursuant to division (A) of this section may make a
reasonable number of requests of the public children services agency that
receives or is referred the report to be provided with the following
information:
(a) Whether the agency has initiated an
investigation of the report;
(b) Whether the agency is continuing to
investigate the report;
(c) Whether the agency is otherwise involved
with the child who is the subject of the report;
(d) The general status of the health and
safety of the child who is the subject of the report;
(e) Whether the report has resulted in the
filing of a complaint in juvenile court or of criminal charges in another
court.
(2) A person may request the information
specified in division (K)(1) of this section only if, at the time the report is
made, the person's name, address, and telephone number are provided to the
person who receives the report.
When a municipal or county peace officer or
employee of a public children services agency receives a report pursuant to
division (A) or (B) of this section the recipient of the report shall inform
the person of the right to request the information described in division (K)(1)
of this section. The recipient of the report shall include in the initial child
abuse or child neglect report that the person making the report was so informed
and, if provided at the time of the making of the report, shall include the
person's name, address, and telephone number in the report.
Each request is subject to verification of the
identity of the person making the report. If that person's identity is
verified, the agency shall provide the person with the information described in
division (K)(1) of this section a reasonable number of times, except that the
agency shall not disclose any confidential information regarding the child who
is the subject of the report other than the information described in those
divisions.
(3) A request made pursuant to division (K)(1)
of this section is not a substitute for any report required to be made pursuant
to division (A) of this section.
(4) If an agency other than the agency that
received or was referred the report is conducting the investigation of the
report pursuant to section 2151.422 [2151.42.2] of the Revised Code, the agency
conducting the investigation shall comply with the requirements of division (K)
of this section.
(L) The
director of job and family services shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section. The department of
job and family services may enter into a plan of cooperation with any other
governmental entity to aid in ensuring that children are protected from abuse
and neglect. The department shall make recommendations to the attorney general
that the department determines are necessary to protect children from child abuse
and child neglect.
(M) (1)
As used in this division:
(a) "Out-of-home care" includes a
nonchartered nonpublic school if the alleged child abuse or child neglect, or
alleged threat of child abuse or child neglect, described in a report received
by a public children services agency allegedly occurred in or involved the
nonchartered nonpublic school and the alleged perpetrator named in the report
holds a certificate, permit, or license issued by the state board of education
under section 3301.071 [3301.07.1] or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other
chief administrative officer" means the superintendent of the school
district if the out-of-home care entity subject to a report made pursuant to
this section is a school operated by the district.
(2) No later than the end of the day following
the day on which a public children services agency receives a report of alleged
child abuse or child neglect, or a report of an alleged threat of child abuse
or child neglect, that allegedly occurred in or involved an out-of-home care
entity, the agency shall provide written notice of the allegations contained in
and the person named as the alleged perpetrator in the report to the
administrator, director, or other chief administrative officer of the
out-of-home care entity that is the subject of the report unless the
administrator, director, or other chief administrative officer is named as an
alleged perpetrator in the report. If the administrator, director, or other
chief administrative officer of an out-of-home care entity is named as an
alleged perpetrator in a report of alleged child abuse or child neglect, or a
report of an alleged threat of child abuse or child neglect, that allegedly
occurred in or involved the out-of-home care entity, the agency shall provide
the written notice to the owner or governing board of the out-of-home care
entity that is the subject of the report. The agency shall not provide witness
statements or police or other investigative reports.
(3) No later than three days after the day on
which a public children services agency that conducted the investigation as
determined pursuant to section 2151.422 [2151.42.2] of the Revised Code makes a
disposition of an investigation involving a report of alleged child abuse or
child neglect, or a report of an alleged threat of child abuse or child
neglect, that allegedly occurred in or involved an out-of-home care entity, the
agency shall send written notice of the disposition of the investigation to the
administrator, director, or other chief administrative officer and the owner or
governing board of the out-of-home care entity. The agency shall not provide
witness statements or police or other investigative reports.
HISTORY: 130 v 625 (Eff 10-10-63); 131 v 632
(Eff 11-11-65); 133 v S 49 (Eff 8-13-69); 133 v H 338 (Eff 11-25-69); 136 v H
85 (Eff 11-28-75); 137 v H 219 (Eff 11-1-77); 140 v S 321 (Eff 4-9-85); 141 v H
349 (Eff 3-6-86); 141 v H 528 (Eff 7-9-86); 141 v H 529 (Eff 3-11-87); 143 v H
257 (Eff 8-3-89); 143 v H 44 (Eff 7-24-90); 143 v S 3 (Eff 4-11-91); 144 v H
154 (Eff 7-31-92); 146 v S 269 (Eff 7-1-96); 146 v H 274 (Eff 8-8-96); 146 v S
223 (Eff 3-18-97); 147 v H 215 (6-30-97); 147 v H 408 (Eff 10-1-97); 147 v S
212 (Eff 9-30-98); 147 v H 606 (Eff 3-9-99); 148 v H 471 (Eff 7-1-2000); 148 v
H 448 (Eff 10-5-2000); 149 v H 510 (Eff 3-31-2003); 149 v H 374 (Eff 4-7-2003);
149 v S 221. Eff
The provisions of § 4 of S.B. 178 (150 v - ) read as follows:
Section 4. Section 2151.421 of the Revised
Code is presented in this act as a composite of the section as amended by Am.
Sub. H.B. 374, Sub. H.B. 510, and Am. Sub. S.B. 221 all of the 124th General
Assembly. Section 5126.28 of the Revised Code is presented in this act as a
composite of the section as amended by both Sub. H.B. 538 and Sub. S.B. 171 of
the 123rd 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.
Effect of Amendments
150 v H 106,
effective September 16, 2004, added (M)(1) and redesignated former (M) and (N)
as (M)(2) and (3), and corrected internal references.
S.B. 178, Acts 2004, effective
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§ 5101.61. Duty to report abuse,
neglect or exploitation of adult.
(A) As used in this section:
(1) "Senior service provider" means
any person who provides care or services to a person who is an adult as defined
in division (B) of section 5101.60 of the Revised Code.
(2) "Ambulatory health facility"
means a nonprofit, public or proprietary freestanding organization or a unit of
such an agency or organization that:
(a) Provides preventive, diagnostic,
therapeutic, rehabilitative, or palliative items or services furnished to an
outpatient or ambulatory patient, by or under the direction of a physician or
dentist in a facility which is not a part of a hospital, but which is organized
and operated to provide medical care to outpatients;
(b) Has health and medical care policies which
are developed with the advice of, and with the provision of review of such
policies, an advisory committee of professional personnel, including one or
more physicians, one or more dentists, if dental care is provided, and one or
more registered nurses;
(c) Has a medical director, a dental director,
if dental care is provided, and a nursing director responsible for the
execution of such policies, and has physicians, dentists, nursing, and
ancillary staff appropriate to the scope of services provided;
(d) Requires that the health care and medical
care of every patient be under the supervision of a physician, provides for
medical care in a case of emergency, has in effect a written agreement with one
or more hospitals and other centers or clinics, and has an established patient
referral system to other resources, and a utilization review plan and
program;
(e) Maintains clinical records on all
patients;
(f) Provides nursing services and other
therapeutic services in accordance with programs and policies, with such
services supervised by a registered professional nurse, and has a registered
professional nurse on duty at all times of clinical operations;
(g) Provides approved methods and procedures
for the dispensing and administration of drugs and biologicals;
(h) Has established an accounting and record
keeping system to determine reasonable and allowable costs;
(i) "Ambulatory health facilities"
also includes an alcoholism treatment facility approved by the joint commission
on accreditation of healthcare organizations as an alcoholism treatment
facility or certified by the department of alcohol and drug addiction services,
and such facility shall comply with other provisions of this division not
inconsistent with such accreditation or certification.
(3) "Community mental health
facility" means a facility which provides community mental health services
and is included in the comprehensive mental health plan for the alcohol, drug
addiction, and mental health service district in which it is located.
(4) "Community mental health
service" means services, other than inpatient services, provided by a
community mental health facility.
(5) "Home health agency" means an
institution or a distinct part of an institution operated in this state
which:
(a) Is primarily engaged in providing home
health services;
(b) Has home health policies which are
established by a group of professional personnel, including one or more duly
licensed doctors of medicine or osteopathy and one or more registered
professional nurses, to govern the home health services it provides and which
includes a requirement that every patient must be under the care of a duly
licensed doctor of medicine or osteopathy;
(c) Is under the supervision of a duly
licensed doctor of medicine or doctor of osteopathy or a registered
professional nurse who is responsible for the execution of such home health
policies;
(d) Maintains comprehensive records on all
patients;
(e) Is operated by the state, a political
subdivision, or an agency of either, or is operated not for profit in this
state and is licensed or registered, if required, pursuant to law by the
appropriate department of the state, county, or municipality in which it
furnishes services; or is operated for profit in this state, meets all the
requirements specified in divisions (A)(5)(a) to (d) of this section, and is
certified under Title XVIII of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as amended.
(6) "Home health service" means the
following items and services, provided, except as provided in division
(A)(6)(g) of this section, on a visiting basis in a place of residence used as
the patient's home:
(a) Nursing care provided by or under the
supervision of a registered professional nurse;
(b) Physical, occupational, or speech therapy
ordered by the patient's attending physician;
(c) Medical social services performed by or
under the supervision of a qualified medical or psychiatric social worker and
under the direction of the patient's attending physician;
(d) Personal health care of the patient
performed by aides in accordance with the orders of a doctor of medicine or
osteopathy and under the supervision of a registered professional nurse;
(e) Medical supplies and the use of medical
appliances;
(f) Medical services of interns and
residents-in-training under an approved teaching program of a nonprofit
hospital and under the direction and supervision of the patient's attending
physician;
(g) Any of the foregoing items and services
which:
(i) Are provided on an outpatient basis under
arrangements made by the home health agency at a hospital or skilled nursing
facility;
(ii) Involve the use of equipment of such a
nature that the items and services cannot readily be made available to the
patient in the patient's place of residence, or which are furnished at the
hospital or skilled nursing facility while the patient there to receive any
item or service involving the use of such equipment.
Any attorney, physician, osteopath,
podiatrist, chiropractor, dentist, psychologist, any employee of a hospital as
defined in section 3701.01 of the Revised Code, any nurse licensed under
Chapter 4723. of the Revised Code, any employee of an ambulatory health
facility, any employee of a home health agency, any employee of an adult care
facility as defined in section 3722.01 of the Revised Code, any employee of a
community alternative home as defined in section 3724.01 of the Revised Code,
any employee of a nursing home, residential care facility, or home for the
aging, as defined in section 3721.01 of the Revised Code, any senior service
provider, any peace officer, coroner, clergyman, any employee of a community
mental health facility, and any person engaged in social work or counseling
having reasonable cause to believe that an adult is being abused, neglected, or
exploited, or is in a condition which is the result of abuse, neglect, or
exploitation shall immediately report such belief to the county department of
job and family services. This section does not apply to employees of any
hospital or public hospital as defined in section 5122.01 of the Revised
Code.
(B) Any
person having reasonable cause to believe that an adult has suffered abuse,
neglect, or exploitation may report, or cause reports to be made of such belief
to the department.
(C) The
reports made under this section shall be made orally or in writing except that
oral reports shall be followed by a written report if a written report is
requested by the department. Written reports shall include:
(1) The name, address, and approximate age of
the adult who is the subject of the report;
(2) The name and address of the individual
responsible for the adult's care, if any individual is, and if the individual
is known;
(3) The nature and extent of the alleged
abuse, neglect, or exploitation of the adult;
(4) The basis of the reporter's belief that
the adult has been abused, neglected, or exploited.
(D) Any
person with reasonable cause to believe that an adult is suffering abuse,
neglect, or exploitation who makes a report pursuant to this section or who
testifies in any administrative or judicial proceeding arising from such a
report, or any employee of the state or any of its subdivisions who is
discharging responsibilities under section 5101.62 of the Revised Code shall be
immune from civil or criminal liability on account of such investigation,
report, or testimony, except liability for perjury, unless the person has acted
in bad faith or with malicious purpose.
(E) No
employer or any other person with the authority to do so shall discharge,
demote, transfer, prepare a negative work performance evaluation, or reduce
benefits, pay, or work privileges, or take any other action detrimental to an
employee or in any way retaliate against an employee as a result of the
employee's having filed a report under this section.
(F)
Neither the written or oral report provided for in this section nor the
investigatory report provided for in section 5101.62 of the Revised Code shall
be considered a public record as defined in section 149.43 of the Revised Code.
Information contained in the report shall upon request be made available to the
adult who is the subject of the report, to agencies authorized by the
department to receive information contained in the report, and to legal counsel
for the adult.
HISTORY: 139 v H 694 (Eff 11-15-81); 141 v H
66 (Eff 3-6-86); 142 v S 124 (Eff 10-1-87); 143 v S 2 (Eff 11-1-89); 143 v H
253 (Eff 11-15-90); 143 v H 317 (Eff 10-10-89); 146 v H 117 (Eff 9-29-95); 148
v H 471. Eff 7-1-2000.
The effective date is set by section 12(A) of
HB 471.
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§ 2305.23. Liability for emergency
care.
No person shall be liable in
civil damages for administering emergency care or treatment at the scene of an
emergency outside of a hospital, doctor's office, or other place having proper
medical equipment, for acts performed at the scene of such emergency, unless
such acts constitute willful or wanton misconduct.
Nothing in this section
applies to the administering of such care or treatment where the same is
rendered for remuneration, or with the expectation of remuneration, from the
recipient of such care or treatment or someone on his behalf. The administering
of such care or treatment by one as a part of his duties as a paid member of
any organization of law enforcement officers or fire fighters does not cause
such to be a rendering for remuneration or expectation of remuneration.
HISTORY: 130 v 648 (Eff 9-16-63); 137 v S 209.
Eff 8-18-77.
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Section FM-102.0 Enforcement
(A) FM-102.1 Fire official: The fire
marshal, any assistant fire marshal, any certified fire safety inspector, the
chief of the fire department of each municipal corporation where a fire
department is established, the chief of the fire department in each township
where a designated by such chief, the fire prevention officer of a municipal
corporation where no fire department exists, or the fire prevention officer of
a township where no fire department is established shall be designated to
enforce the provisions of this code. The fire official is herein also referred
to as the code official.
(B) FM-102.2 Inspections: The fire
marshal, any assistant fire marshal, or certified fire safety inspector may
inspect all structures, premises and vehicles pursuant to section 3737.14 of
the Revised Code as often as may be necessary for the purpose of ascertaining
and causing to be corrected, any conditions liable to cause fire, contribute to
the spread of fire, interfere with fire fighting operations, endanger life or
any violations of the provisions or intent of this code or any other ordinance
affecting fire safety.
(C) FM-102.2.1 Coordinated inspections:
Whenever in the enforcement of the fire prevention code or another code or
ordinance the responsibility of more than one enforcement official of the jurisdiction
may be involved, it shall be their duty to coordinate their inspections and
administrative orders as fully as practicable so that the owners and occupants
of the structures shall not be subjected to visits by numerous inspectors nor
multiple or conflicting orders. Whenever an inspector from any agency or
department observes an apparent or actual violation of some provision of law,
ordinance or code of the jurisdiction, not within his authority to enforce, he
shall report his findings to the official having jurisdiction in order that
such official may institute the necessary corrective measures.
(D) FM-102.2.2 Right of entry: Whenever
necessary for the purpose of enforcing the provisions of this code, or whenever
the fire official has reasonable cause to believe that there exists in any
structure or upon any premises any condition which makes such structure or
premises unsafe, the fire official may enter such structure or premises at all
reasonable times to inspect the same or to perform any duty imposed upon the
fire official by this code; provided, that if such structure or premises be
occupied, he shall first present proper credentials and request entry. If such
entry is refused, the fire official shall have recourse to every remedy
provided by law to secure entry.
(E) FM-102.3 Investigation of fires: The
fire official shall investigate, or cause to be investigated, every fire or
explosion occurring within the jurisdiction that is of a suspicious nature or
which involves the loss of life or serious injury or causes destruction or
damage to property. Such investigation shall be initiated immediately upon the
occurrence of such fire or explosion; and if it appears that such an occurrence
is of a suspicious nature, the fire official shall take charge immediately of
the physical evidence, and in order to preserve any physical evidence relating
to the cause or origin of such fire or explosion, take means to prevent access
by any person or persons to such building, structure or premises until such
evidence has been properly processed. The fire official shall notify such
persons designated by law to pursue investigations into such matters and shall
further cooperate with such authorities in the collection of evidence and
prosecution of the case and shall pursue the investigation to its conclusion.
(F) FM-102.4 Fire records: The reports of
fire investigations required by section 3737.23 of the Revised Code shall be
reported on form NFIRS-1, the "Incident Report," "the Civilian
Casualty Report," and form NFIRS-3, "the Fire Service Casualty
Report." Instructions for the use of these reports including the coding
procedures that shall be used are found in the "National Fire Incident
Reporting System" (NFIRS) version 4 hand book.
The report forms, manuals and coding
information shall be compatible with the program prescribed by the United
States fire administration as version 4 of the "National Fire Incident
Reporting System" and sent to the state fire marshal in a manner approved
by the state fire marshal. Electronic reporting of "Incident Reports"
to the state fire marshal when utilizing version 5 NFIRS files is permitted if
the version 5 of NFIRS is a version approved by both the United States fire
administration and the state fire marshal as being compatible with version 5 of
the "National Fire Incident Reporting System." Any electronic
reporting also must be in a format that is specifically compatible with the
software used by the state fire marshal to process such reports and transmitted
in a format that has been approved by the state fire marshal.
(G) FM-102.5 Administrative liability:
Pursuant to section 9.86 of the Revised Code, no fire official, officer or
employee of the state of Ohio shall be liable in any civil action that arises
under the law of Ohio for damage or injury caused in the performance of his
duties in enforcing this code, unless his actions were manifestly outside the
scope of his employment or official responsibilities, or unless he acted with
malicious purpose, in bad faith, or in wanton or reckless manner. Pursuant to
section 9.87 of the Revised Code, the state of Ohio shall indemnify a fire
official, officer or employee of the state of Ohio from liability incurred in
the performance of his duties in enforcing this code by paying any judgement
in, or amount negotiated in settlement of any civil action arising under
federal law, the law of another state, or the law of a foreign jurisdiction
subject to the limitations set out in section 9.87 of the Revised Code.
(H)
FM-102.6 Rules and regulations: A political subdivision shall have authority as
may be necessary in the interest of public safety, health and general welfare
to promulgate rules and regulations, to interpret and implement the provisions
of this code, to secure the intent thereof and to designate requirements
applicable because of climatic or other conditions, but no such rules shall
have the effect of waiving any fire safety requirements specifically provided
in this code, or violating accepted engineering practice involving public
safety.
(I) FM-102.7 Authority at fires and
emergencies: The fire chief or his authorized representative shall be in charge
at the scene of a fire or other emergency involving the protection of life
and/or property, and shall remain in charge until authority is relinquished.
(J) FM-102.8 "Ohio Basic Building
Code": The fire marshal or fire chief of municipal corporations having
fire departments or the fire chief of townships having fire departments shall
enforce all provisions of the "Ohio Basic Building Code" relating to
fire prevention in accordance with section 3781.03 of the Revised Code.
HISTORY: Eff 7-1-79; 6-1-85; 6-15-92; 9-1-95;
4-30-01
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 3737.82
Rule
amplifies: RC 3737.22
R.C. 119.032
Review Date: 11/27/02
CASE NOTES AND OAG
1. (1987) A fire chief or his authorized
representative, pursuant to the authority conferred thereon by OAC
1301:7-1-03(I), may order the evacuation of persons residing or otherwise
situated in the vicinity of a hazardous materials accident or emergency when
reasonably necessary for the protection of the health, safety, and well-being
of such persons. In effecting such an evacuation the fire chief or his
authorized representative may, in a reasonable manner, remove to a safe area
any persons who refuse to evacuate voluntarily: OAG No. 87-099.
2. (1987) A fire chief or his authorized
representative, pursuant to the authority conferred thereon by OAC
1301:7-1-03(I), may commandeer a vehicle or other heavy equipment for use at
the site of, or in conjunction with, a hazardous materials accident or
emergency: OAG No. 87-099.
3. (1986) A person who has received a
certificate issued by the State Superintendent of Public Instruction under RC §
3303.07, evidencing his satisfactory completion of a chartered fire safety
inspector training program, must be appointed as a fire safety inspector by a
board of township trustees or other fire agency before he will be considered to
be a fire safety inspector for the purposes of RC Chapter 3737. and 2 OAC
Chapter 1301:7-1. A person may, within the limited authority granted by RC §
3737.64, carry out the functions of a fire safety inspector, even though he has
not been appointed as a fire safety inspector by a board of township trustees
or other fire agency: OAG No. 86-014.
4. (1997) 3 OAC 1301:7-1-03(I) does not impose
upon the fire chief or his representative the specific duty of evacuating,
searching, or clearing a school building that is the object of a bomb threat:
OAG No. 97-046.
5. (2001) Pursuant to RC § 505.37(A) and 3 OAC 1301:7-1-3(I), when emergency medical services personnel of
a county emergency medical service organization and a township fire department
respond to a call for emergency medical services within the township, the
township fire department's emergency medical services personnel are authorized
to exercise control of the administration of medical care and treatment at the
scene of the medical emergency: OAG No. 2001-011
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§ 4511.041.
Exceptions for emergency or public safety vehicle responding to emergency call.
Sections 4511.12, 4511.13, 4511.131
[4511.13.1], 4511.132 [4511.13.2], 4511.14, 4511.15, 4511.202 [4511.20.2],
4511.21, 4511.211 [4511.21.1], 4511.22, 4511.23, 4511.25, 4511.26, 4511.27,
4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35,
4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,
4511.431 [4511.43.1], 4511.432 [4511.43.2], 4511.44, 4511.441 [4511.44.1],
4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.62, 4511.66, 4511.68,
4511.681 [4511.68.1], and 4511.69 of the Revised Code do not apply to the
driver of an emergency vehicle or public safety vehicle if the emergency
vehicle or public safety vehicle is responding to an emergency call, is
equipped with and displaying at least one flashing, rotating, or oscillating
light visible under normal atmospheric conditions from a distance of five
hundred feet to the front of the vehicle and if the driver of the vehicle is
giving an audible signal by siren, exhaust whistle, or bell. This section does
not relieve the driver of an emergency vehicle or public safety vehicle from
the duty to drive with due regard for the safety of all persons and property
upon the highway.
HISTORY: 145 v H 149. Eff 5-20-93.
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§ 4511.45. Right-of-way of public
safety or coroner's vehicle.
(A) (1)
Upon the approach of a public safety vehicle or coroner's vehicle,
equipped with at least one flashing, rotating or oscillating light visible
under normal atmospheric conditions from a distance of five hundred feet to the
front of the vehicle and the driver is giving an audible signal by siren,
exhaust whistle, or bell, no driver of any other vehicle shall fail to yield
the right-of-way, immediately drive if practical to a position parallel to, and
as close as possible to, the right edge or curb of the highway clear of any
intersection, and stop and remain in that position until the public safety
vehicle or coroner's vehicle has passed, except when otherwise directed by a
police officer.
(2) Upon the approach of a public safety
vehicle or coroner's vehicle, as stated in division (A)(1) of this section, no
operator of any streetcar or trackless trolley shall fail to immediately stop
the streetcar or trackless trolley clear of any intersection and keep it in
that position until the public safety vehicle or coroner's vehicle has passed,
except when otherwise directed by a police officer.
(B)
This section does not relieve the driver of a public safety vehicle or
coroner's vehicle from the duty to drive with due regard for the safety of all
persons and property upon the highway.
(C)
This section applies to a coroner's vehicle only when the vehicle is
operated in accordance with section 4513.171 of the Revised Code. As used in
this section, "coroner's vehicle" means a vehicle used by a coroner,
deputy coroner, or coroner's investigator that is equipped with a flashing,
oscillating, or rotating red or blue light and a siren, exhaust whistle, or
bell capable of giving an audible signal.
(D)
Except as otherwise provided in this division, whoever violates division
(A)(1) or (2) of this section is guilty of a misdemeanor of the fourth degree
on a first offense. On a second offense within one year after the first
offense, the person is guilty of a misdemeanor of the third degree, and, on
each subsequent offense within one year after the first offense, the person is
guilty of a misdemeanor of the second degree.
HISTORY: GC § 6307-44; 119 v 766(782), § 44;
124 v 514; Bureau of Code Revision, 10-1-53; 132 v H 878 (Eff 12-14-67); 132 v
S 451 (Eff 2-29-68); 145 v H 149 (Eff 5-20-93); 147 v H 282. Eff
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§ 4513.17.
Number of lights permitted; direction of beam; flashing, oscillating or
rotating lights.
(A)
Whenever a motor vehicle equipped with headlights also is equipped with
any auxiliary lights or spotlight or any other light on the front thereof
projecting a beam of an intensity greater than three hundred candle power, not
more than a total of five of any such lights on the front of a vehicle shall be
lighted at any one time when the vehicle is upon a highway.
(B) Any
lighted light or illuminating device upon a motor vehicle, other than
headlights, spotlights, signal lights, or auxiliary driving lights, that
projects a beam of light of an intensity greater than three hundred candle
power, shall be so directed that no part of the beam will strike the level of
the roadway on which the vehicle stands at a distance of more than seventy-five
feet from the vehicle.
(C) (1)
Flashing lights are prohibited on motor vehicles, except as a means for
indicating a right or a left turn, or in the presence of a vehicular traffic
hazard requiring unusual care in approaching, or overtaking or passing. This
prohibition does not apply to emergency vehicles, road service vehicles
servicing or towing a disabled vehicle, traffic line stripers, snow plows,
rural mail delivery vehicles, vehicles as provided in section 4513.182 of the
Revised Code, department of transportation maintenance vehicles, funeral
hearses, funeral escort vehicles, and similar equipment operated by the
department or local authorities, which shall be equipped with and display, when
used on a street or highway for the special purpose necessitating such lights,
a flashing, oscillating, or rotating amber light, but shall not display a
flashing, oscillating, or rotating light of any other color, nor to vehicles or
machinery permitted by section 4513.11 of the Revised Code to have a flashing
red light.
(2) When used on a street or highway, farm
machinery and vehicles escorting farm machinery may be equipped with and
display a flashing, oscillating, or rotating amber light, and the prohibition
contained in division (C)(1) of this section does not apply to such machinery
or vehicles. Farm machinery also may display the lights described in section
4513.11 of the Revised Code.
(D)
Except a person operating a public safety vehicle, as defined in division
(E) of section 4511.01 of the Revised Code, or a school bus, no person shall
operate, move, or park upon, or permit to stand within the right-of-way of any
public street or highway any vehicle or equipment that is equipped with and
displaying a flashing red or a flashing combination red and white light, or an
oscillating or rotating red light, or a combination red and white oscillating
or rotating light; and except a public law enforcement officer, or other person
sworn to enforce the criminal and traffic laws of the state, operating a public
safety vehicle when on duty, no person shall operate, move, or park upon, or
permit to stand within the right-of-way of any street or highway any vehicle or
equipment that is equipped with, or upon which is mounted, and displaying a
flashing blue or a flashing combination blue and white light, or an oscillating
or rotating blue light, or a combination blue and white oscillating or rotating
light.
(E)
This section does not prohibit the use of warning lights required by law
or the simultaneous flashing of turn signals on disabled vehicles or on
vehicles being operated in unfavorable atmospheric conditions in order to
enhance their visibility. This section also does not prohibit the simultaneous
flashing of turn signals or warning lights either on farm machinery or vehicles
escorting farm machinery, when used on a street or highway.
(F)
Whoever violates this section shall be punished as provided in section
4513.99 of the Revised Code.
HISTORY: GC § 6307-90; 119 v 766(795), § 90; Bureau of Code
Revision, 10-1-53; 126 v 790 (Eff 9-14-55); 127 v 54 (Eff 8-27-57); 128 v 591
(Eff 11-2-59); 131 v 1112 (Eff 4-1-66); 131 v 1113 (Eff 10-13-65); 132 v H 878
(Eff 12-14-67); 135 v H 956 (Eff 7-26-74); 136 v H 272 (Eff 1-1-76); 146 v S
121 (Eff 11-19-96); 147 v H 282. Eff
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§ 2305.235. Immunity as to automated
external defibrillation.
(A) As used in this section:
(1) "Automated external
defibrillation" means the process of applying a specialized defibrillator
to a person in cardiac arrest, allowing the defibrillator to interpret the
cardiac rhythm, and, if appropriate, delivering an electrical shock to the
heart to allow it to resume effective electrical activity.
(2) "Physician"
has the same meaning as in section 4765.01 of the Revised Code.
(B) Except in the case of willful or wanton
misconduct, no physician shall be held liable in civil damages for injury,
death, or loss to person or property for providing a prescription for an
automated external defibrillator approved for use as a medical device by the
United States food and drug administration or consulting with a person
regarding the use and maintenance of a defibrillator.
(C) Except in the case of willful or wanton
misconduct, no person shall be held liable in civil damages for injury, death,
or loss to person or property for providing training in automated external
defibrillation and cardiopulmonary resuscitation.
(D) Except in the case of willful or wanton
misconduct or when there is no good faith attempt to activate an emergency
medical services system in accordance with section 3701.85 of the Revised Code,
no person shall be held liable in civil damages for injury, death, or loss to
person or property, or held criminally liable, for performing automated
external defibrillation in good faith, regardless of whether the person has
obtained appropriate training on how to perform automated external
defibrillation or successfully completed a course in cardiopulmonary
resuscitation.
HISTORY: 147 v H 717. Eff 12-17-98.
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§ 3314.16. Placement of automated
external defibrillators in schools; training of staff.
(A) (1)
As used in this section, "automated external defibrillator"
means a specialized defibrillator that is approved for use as a medical device
by the United States food and drug administration for performing automated
external defibrillation, as defined in section 2305.235 [2305.23.5] of the
Revised Code.
(2) This section does not apply to an
internet- or computer-based community school.
(B) The
governing board of a community school established under this chapter may
require the placement of an automated external defibrillator in each school
under the control of the governing authority. If a governing authority requires
the placement of an automated external defibrillator as provided in this
section, the governing authority also shall require that a sufficient number of
the staff persons assigned to each school under the control of the governing
authority successfully complete an appropriate training course in the use of an
automated external defibrillator as described in section 3701.85 of the Revised
Code.
(C) In
regard to the use of an automated external defibrillator that is placed in a
community school as specified in this section, and except in the case of
willful or wanton misconduct or when there is no good faith attempt to activate
an emergency medical services system in accordance with section 3701.85 of the
Revised Code, no person shall be held liable in civil damages for injury,
death, or loss to person or property, or held criminally liable, for performing
automated external defibrillation in good faith, regardless of whether the
person has obtained appropriate training on how to perform automated external
defibrillation or successfully completed a course in cardiopulmonary
resuscitation.
HISTORY: 150 v H 434, § 1, eff. 8-27-04.
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§ 3701.85. Duties of possessor of automated external defibrillator;
authorized use.
(A) As used in this section:
(1) "Automated external
defibrillation" has the same meaning as in section 2305.235 [2305.23.5] of
the Revised Code.
(2) "Emergency medical services
organization" has the same meaning as in section 4765.01 of the Revised
Code.
(3) "Emergency medical service
provider" means a person who is an "emergency medical
technician-basic," "emergency medical technician-intermediate,"
"emergency medical technician-paramedic," or "first
responder" as defined in section 4765.01 of the Revised Code.
(4) "Physician" has the same meaning
as in section 4765.01 of the Revised Code.
(5) "Registered nurse" and
"licensed practical nurse" have the same meanings as in section
4723.01 of the Revised Code.
(B) A
person who possesses an automated external defibrillator shall do all of the
following:
(1) Require expected users to complete
successfully a course in automated external defibrillation and cardiopulmonary
resuscitation that is offered or approved by the American heart association or
another nationally recognized organization;
(2) Maintain and test the defibrillator
according to the manufacturer's guidelines;
(3) Consult with a physician regarding
compliance with the requirements of divisions (B)(1) and (2) of this
section.
(C) A
person who possesses an automated external defibrillator may notify an
emergency medical services organization of the location of the
defibrillator.
(D) A
person who has obtained appropriate training on how to perform automated
external defibrillation and has successfully completed a course in
cardiopulmonary resuscitation may perform automated external defibrillation,
regardless of whether the person is a physician, registered nurse, licensed
practical nurse, or emergency medical service provider. When automated external
defibrillation is not performed as part of an emergency medical services system
or at a hospital as defined in section 3727.01 of the Revised Code, an
emergency medical services system shall be activated as soon as possible.
HISTORY: 147 v H 717 (Eff
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Ohio Administrative Code (pages 62 – 209)
·
Clicking on the rule # will take you directly to that
rule
·
Clicking
on the links embedded in the text of the rule title will take you to the
associated EMS webpage and/or related documents
·
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Rule # Rule Title
4765-1-01 Definitions.
4765-2-01 Definitions.
4765-2-02
Organization of the Board.
4765-2-03 Subcommittees
and special committees.
4765-2-04 Public
notice of rule adoption, amendment, or rescission.
4765-2-05 Notice
of meetings.
4765-2-06
Personal information system.
Regional Physician
Advisory Boards (RPAB)
4765-3-01 Definitions.
4765-3-02
Regional physician advisory boards.
4765-3-03 Operations of regional physician advisory
boards.
4765-3-04 Responsibilities
of regional physician advisory boards.
4765-3-05
Medical Director Requirements.
Ohio Trauma Registry (OTR)
4765-4-01 State
trauma registry.
4765-4-02 Operation
of state trauma registry.
4765-4-03 Required
reporting to state trauma registry.
4765-4-04 Definitions.
4765-4-05 Purpose
of risk adjustment.
4765-4-06 Risk
adjustment of state trauma registry data.
4765-4-07 Protected information within the state trauma
registry.
4765-4-08 Risk
adjustment deliberations.
EMS/Trauma Grant Program
(Grants)
4765-5-01 Definitions.
4765-5-02
Criteria for Eligibility.
4765-5-03
General Provisions.
4765-5-04
Grant Applications.
4765-5-05 Grant
Restrictions and Requirements.
4765-5-06
Distribution of Grant Funds.
EMT Curriculms (Curriculm)
4765-6-01 Procedures
for additional services
4765-6-02
General
Provisions.
4765-6-03 Additional services in a declared emergency
4765-6-06
EMT
Special Program Curriculum.
Accreditations of
Training Centers (Accreditations)
4765-7-01 Definitions.
4765-7-02
Accreditation of Training Programs.
4765-7-03 Provisional
Accreditation of Training Programs.
4765-7-04
Application for Accreditation.
4765-7-05
Offsite Locations.
4765-7-06
Notification to Board.
4765-7-07
Renewal of Accreditation.
4765-7-08 Reinstatement
of Certificate of Accreditation.
4765-7-09
Approval of Continuing Education
Programs.
4765-7-10
Validity of Current Certificates.
Certification (Cert)
4765-8-01
Qualifications for a Certificate to
Practice.
4765-8-02
Application for Certificate to Practice.
4765-8-03
Notification to Board.
4765-8-04
Renewal of Certificate to Practice.
4765-8-15
Certification by Reciprocity.
4765-8-16
Fees for Certification.
4765-8-17
Voluntary Change in Level of Certificate to
Practice.
4765-8-18
Reinstatement of Certificate to
Practice.
Ethics for EMS Providers
(Ethics)
4765-9-01
Ethical Standards of Conduct.
4765-9-02
Ethical Standards of Conduct for Holders of
Certificate to Teach.
Investigations (Invest)
4765-10-01
Complaint Procedure.
4765-10-02
Investigations by the Board.
4765-10-03
Administrative Actions.
4765-10-05
Report of Administrative Actions.
4765-10-06
Medical Director
Firefighters (FF)
4765-11-01 Definitions.
4765-11-03 Chartering
of Training Programs.
4765-11-04 Application
for Charter.
4765-11-05 Renewal
of Charter.
4765-11-06 Notification
to Executive Director.
4765-11-07 Revocation
of a Charter.
4765-11-08 Qualifications
for Instructors.
4765-11-10 Volunteer Firefighters.
4765-11-11 Firefighter I.
4765-11-12 Firefighter
II.
4765-11-13 Fire Safety Inspectors.
4765-11-15 Certificate in Lieu of Completion of a
Chartered Training
4765-11-16 Certificate of Equivalency
First Responder
Certification (First Responder)
4765-12-02
General Provisions.
4765-12-03
First Responder.
4765-12-04
First Responder Instructor Curriculum.
4765-12-05
Accreditation of Training Programs.
4765-12-06
Provisional Accreditation of Training
Programs.
4765-12-07
Certificate to Practice.
4765-12-08
Continuing Education for First
Responder.
4765-12-09
Certificate to Teach.
4765-12-10
Ethical Standards of Conduct.
4765-12-11
Medical Director.
EMS Incident Reporting
System (EMSIRS)
4765-13-01 Definitions.
4765-13-02
Purpose.
4765-13-03
Required Reporting.
4765-13-04
Format.
4765-13-05
Reporting Deadlines.
4765-13-06
Reports.
4765-13-07
Notifications.
4765-13-08
Failure to Report.
4765-13-09
Advisory Committee.
4765-13-10
Protected Information within the EMS Incident
Reporting System.
Trauma Triage (Triage)
4765-14-01 Definitions.
4765-14-02
Determination of a Trauma Victim.
4765-14-03
Enforcement of State or Regional Trauma Triage Protocols.
4765-14-04
Education of State and Regional Trauma Triage Protocols.
4765-14-05
Exceptions to Mandatory Transport.
Emergency Medical
Technician-Basic (EMT-B)
4765-15-01
EMT-Basic Curriculum.
4765-15-02
4765-15-03
EMT-Basic Continuing Education.
4765-15-04
EMT-Basic Scope
of Practice.
Emergency Medical
Technician-Basic (EMT-I
4765-16-01
EMT-Intermediate Curriculum.
4765-16-02
Transitional EMT-Intermediate Update
Course.
4765-16-03
EMT-Intermediate Continuing Education.
4765-16-04
EMT-Intermediate
Scope of Practice.
4765-16-05
EMT-Intermediate Special Requirements.
Emergency Medical
Technician-Basic (EMT-P)
4765-17-01
EMT-Paramedic Curriculum.
4765-17-02
EMT-Paramedic Continuing Education.
4765-17-03
EMT-Paramedic
Scope of Practice.
Emergency Medical
Service-Instructors (EMS-I)
4765-18-01
Definitions.
4765-18-02
General Provisions.
4765-18-03
EMS Instructor Training Program Entrance
Requirements.
4765-18-04 EMS
Instructor Training Program Curriculum.
4765-18-05
Criteria for a Certificate to Teach.
4765-18-06
Renewal of a Certificate to Teach.
4765-18-07
Extension of a Certificate to Teach.
4765-18-08
Reinstatement of a Certificate to Teach.
4765-18-09
Physician
as an
4765-18-10
Special Topic Instructor.
4765-18-11
Reciprocity Criteria for Certificate to
Teach.
4765-18-12
EMS Instructor Trainer Qualifications.
4765-18-13
Fire Instructors Seeking EMS Instructor
Certification.
Continuing Education (CE)
4765-19-01
Continuing Education Requirement.
4765-19-02 Examination
Alternative to Continuing Education.
4765-19-03
Extension of Continuing Education
Requirement.
4765-19-04
Exemptions from Continuing Education.
Other Section of Ohio
Administrative Code of Interest
4123:1-21-07 Fire department occupational safety and
health.
As used in Chapters 4765-1 to 4765-19 of
the Administrative Code:
(A) "Administrator" means the
individual appointed by the director of public safety pursuant to section 4765.03 of the Revised Code to serve as the chief
executive officer of the board of emergency medical services and as the
executive director of the division of emergency medical services.
(B) "Affiliation agreement" means
a written agreement between an EMS training program and any person that sets
forth the roles and responsibilities of the parties and that provides for
either of the following:
(1) The use of specified equipment
necessary in the training of EMS personnel;
(2) A site for the clinical experience or
prehospital internship components of an EMS training program.
(C) "Board" means the emergency
medical services board within the division of emergency medical services of the
department of public safety created in section 4765.02
of the Revised Code.
(D) "Certificate to practice"
means the certificate to practice as a first responder, emergency medical
technician-basic, emergency medical technician-intermediate, or emergency
medical technician-paramedic issued by the division pursuant to section 4765.30 of the Revised Code and Chapter
4765-8 of the Administrative Code as directed by the board.
(E) "Clinical experience" means
training in a hospital or other clinical setting that allows an EMS student to
develop and utilize EMS procedures and protocols in a supervised setting and
leads to an understanding of hospital emergency departments as well as their
relationship to other departments such as anesthesia, coronary care, critical
care and obstetrics.
(F) "Cooperating physician advisory
board" means those physicians whom an emergency medical service
organization has designated pursuant to section 4765.42
of the Revised Code, to perform the duties of medical director including
establishing medical protocols that must be followed in the delivery of
emergency medical services.
(G) "The division" means the
division of emergency medical services within the department of public safety.
(H) "Drop back" is the process
by which an EMT chooses to become certified to practice at a lower level than
the one at which he is currently certified.
(I) "EMS" means emergency
medical service as defined in section 4765.01 of
the Revised Code.
(J) "EMT" means emergency
medical technician.
(K) "EMT-basic" means an
individual who holds a current, valid certificate issued under section 4765.30 of the Revised Code to practice as
an emergency medical technician-basic.
(L) "EMT-intermediate" means an
individual who holds a current, valid certificate issued under section 4765.30 of the Revised Code to practice as
an emergency medical technician-intermediate.
(M) "EMT-paramedic" means an
individual who holds a current, valid certificate issued under section 4765.30 of the Revised Code to practice as
an emergency medical technician-paramedic.
(N) "First responder" means an
individual who holds a current, valid certificate issued under section 4765.30 of the Revised Code to practice as
a first responder.
(O) "Good reputation" means:
(1) If the person is an individual, he is
not the subject of an investigation or disciplinary action by any agency of the
federal, state, or local government, and has not been denied a license or
certificate or had a license or certificate limited, suspended, or revoked by
any public agency.
(2) If the person is not an individual,
that it is in compliance with all federal, state, and local regulations that
are applicable to its operations, is not currently under investigation by any
agency of the federal, state, or local government, has not been denied any
necessary licenses or certificates, or had such licenses or certificates
limited, suspended, or revoked.
(P) "Government unit" means the
state and any county, municipal corporation, township, or other political
subdivision of the state, any department, division, board, or other agency of
the state or a political subdivision.
(Q) "Hospital" has the same
meaning as in section 3701.07 of the Revised Code.
(R) "Moral turpitude" means the
act of baseness, vileness, or the depravity in private and social duties which
one owes to society, contrary to accepted and customary rule of right and duty
between human beings.
(S) "Nurse" or "registered
nurse" means an individual who holds a current, valid license issued under
Chapter 4723 of the Revised Code authorizing the practice of nursing as a
registered nurse.
(T) "Person" includes any
individual, corporation, business trust, estate, trust, partnership,
association, government unit or other entity.
(U) "Physician" means an
individual who holds a current, valid certificate issued under Chapter 4731 of
the Revised Code authorizing the practice of medicine and surgery or
osteopathic medicine and surgery.
(V) "Prehospital emergency medical
services" means an emergency medical service 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 and functions
as an EMS organization.
(W) "Prehospital internship"
means training outside of a classroom or clinical facility that allows an EMS
student to develop and utilize EMS procedures and protocols under supervision
in a prehospital setting and affords the opportunity to gain an understanding
of the nature of prehospital EMS practice and the relationship between it and
hospital emergency departments.
(X)
"Program coordinator" means that person who is responsible for the
general administration and operation of an EMS training program that applies
for, or holds, a certificate of accreditation or certificate of approval issued
by the board under section 4765.17 of the
Revised Code.
(Y) "Program medical director"
means a physician who is involved in the practice or supervision of emergency
medicine in a hospital or prehospital setting and who assumes responsibility
for the medical components of an EMS training program that applies for, or
holds, a certificate of accreditation or certificate of approval issued by the
board under section 4765.17 of the Revised
Code.
(Z) "Provisional accreditation"
means the approval by the board of a certificate of accreditation on a
provisional basis in accordance with division (C) of section 4765.17 of the Revised Code.
(AA) "Regional physician advisory
board" means the physician advisory board appointed by the board pursuant
to section 4765.05 of the Revised Code to oversee the
delivery of prehospital emergency medical services in each region of the state.
(BB) "Reinstatement" is the
process by which an EMT or first responder, whose certificate to practice in
Ohio has since expired, may regain certification.
(CC) "Special topics
instructor" means a person who applies for, or holds, a certificate to
teach special topics issued by the division in accordance with section 4765.23 of the Revised Code and rule 4765-8-14 of
the Administrative Code as directed by the board.
(DD) "State medical director"
means the physician appointed by the board to serve as its medical director
pursuant to section 4765.03 of the Revised Code.
(EE) "Substantial compliance"
means that a person seeking accreditation under section 4765.17 of the Revised Code and this chapter
meets the minimum standards set forth in paragraphs (A)(1) to (A)(10) and
(A)(13) to (A)(19) of rule 4765-7-02 of the
Administrative Code.
(FF) "Trauma" or "traumatic injury" means severe
damage to or destruction of tissue that satisfies both of the following
conditions:
(1) It creates a significant risk of any
of the following:
(a) Loss of life;
(b) Loss of a limb;
(c) Significant, permanent disfigurement;
(d) Significant, permanent disability.
(2) It is caused by any of the following:
(a) Blunt or penetrating injury;
(b) Exposure to electromagnetic,
chemical, or radioactive energy;
(c) Drowning, suffocation, or
strangulation;
(d) A deficit or excess of heat.
(GG) "Automated external
defibrillation" or "AED" means the process of applying a
specialized defibrillator to a patient of cardiac arrest, allowing the defibrillator
to interpret the cardiac rhythm and, if appropriate, deliver an electrical
shock to the heart that will allow the heart to resume an effective electrical
activity. Automated external defibrillation can include either fully-automatic
or semi-automatic external defibrillation.
(HH) "Institution" means any
public agency, private school, educational institution, emergency medical
service organization, vocational school, college, university, or hospital.
(II) "Medical direction" means
the written or verbal authorization of a physician or cooperating physician
advisory board, designated pursuant to section 4765.42
of the Revised Code, that may be required prior to the performance of certain
prehospital emergency medical services by a first responder, EMT-basic,
EMT-intermediate, or EMT-paramedic.
HISTORY: Eff 10-1-95; 2-22-99; 6-29-01; 1-13-02;
10-2-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC Chapter Chapter 4765.
R.C.
119.032 review dates: 01/25/2004
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4765-2-01 Definitions.
As used in Chapter 4765-2 of the
Administrative Code:
(A) "Board chairman" means the
member of the board who is selected annually to serve as chair pursuant to
section 4765.02 of the Revised Code.
(B) "Disputant" means a person
who disputes the accuracy, relevance, timeliness, or completeness of personal
information maintained by the board in any personal information system.
(C) "Personal information"
means any information that describes anything about a person, including actions
done by or to such person, that can be retrieved from a system.
(D)
"System" means any collection or group of related records that are
kept in an organized manner, that are maintained by the board, and from which
personal information can be retrieved by the name of the person or by some
identifying number, symbol, or other identifier assigned to the person and
which is subject to Chapter 1347. of the Revised Code.
(E) "Vice chairman" means the
member of the board who is selected annually to serve as vice-chair pursuant to
this chapter.
HISTORY: Eff 10-1-95; 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.02, 4765.04, 4765.06,
4765.10
R.C. 119.032
review dates: 2/11/2002 and 01/25/2004
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4765-2-02 Organization Of The Board.
(A) The board shall annually select from
among its members a board chairman and a vice chairman. Nomination and election
of a board chairman and vice chairman shall be made at the last regularly scheduled
board meeting of the calendar year. Newly elected officers shall assume their
duties on the first day of January of the next calendar year for a term lasting
through the end of that year. Any vacancies occurring during the term shall be
filled by the board at the next regularly scheduled meeting of the board, or at
an earlier meeting called for the purpose of filling the vacancy. No member may
serve more than two consecutive terms as board chairman or vice chairman.
(B) The board chairman shall preside at
all meetings of the board. In the absence of the board chairman, the vice
chairman shall preside at meetings of the board. The board chairman may assign
such other duties to the vice chairman as the deems necessary to assist in
board operations. In the absence of the chairman and the vice chairman the
members of the board may designate a board members as acting chair.
(C) The board shall hold regular meetings
at the call of the board chairman at least four times annually, and as often as
necessary to carry out its duties. The board chairman shall call a board
meeting on the request of the administrator or the state medical director, or
on the written request of ten members of the board.
(D) All meetings of the board, the
firefighter and fire safety inspector training committee established in section
4765.55 of the Revised Code, other subcommittees
and special committees created by the board pursuant to this chapter, shall be
conducted in accordance with the most recent edition of "Roberts Rules of
Order".
(E) Ten members of the board shall
constitute a quorum. No action shall be taken without the concurrence of ten
members of the board. Board members who are unable to attend a scheduled
meeting of the board shall provide advance notice to the administrator or his
designee.
(F) Board meetings shall be held in
locations determined appropriate by the administrator.
HISTORY: Eff 10-1-95; 2-22-99; 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC Chapter 4765-11.
Rule
amplifies: RC 4765.02
R.C. 119.032
review dates: 01/25/2004
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the OAC Table of Contents
4765-2-03 Subcommittees and special committees.
(A) In addition to the firefighter and
fire safety inspector training committee established in section 4765.55 of the Revised Code, the board may create such
other subcommittees or special committees as it determines necessary to carry
out its functions and responsibilities.
(B) The board chairman shall recommend a
member of the board to serve as chairman of subcommittees or special committees
created pursuant to this chapter. The terms of chairmen shall be for one year.
(C)
The board may appoint members of the public, appropriate state and local
agencies of government, EMS organizations, and other interested parties to
serve as members of each subcommittee and special committee created pursuant to
this chapter. Subcommittees shall consist of no fewer than three and no more
than fifteen voting members. Special committees may be of such size as
determined appropriate by the board.
(D) When making appointments to
subcommittees and special committees the board shall make a good faith effort
to insure educational, professional, cultural and geographical diversity, and
to afford adequate representation for those individuals or groups with an
interest in, or who would be affected by, the substantive work of the subcommittee
or special committees.
(E) The board chairman shall appoint
members of any subcommittees created pursuant to this chapter with the approval
of the board.
(F) No more than two representatives of
any organization, profession, or specialty authorized by section 4765.02 of the Revised Code to provide nominations for
appointment of board members, may represent that organization, profession, or
specialty as voting members of subcommittee, or special committee. Upon the
request of a subcommittee, or special committee chairman, the board may waive
this provision with an affirmative vote of ten members.
(G) Terms of appointment to subcommittees
or special committees shall be for three years. Members may serve a total of
not more than two terms, or six conservative years, on a subcommittee or
special committee.
(H) Subcommittees and special committees
shall meet at the call of the chairman and at such locations as determined
appropriate by the executive director.
(I) A majority of the voting members of a
subcommittee or special committee shall constitute a quorum. No action shall be
taken by a subcommittee or special committee without the concurrence of a
majority of its voting members.
(J) Each subcommittee or special
committee shall designate a member as a recording secretary who shall submit to
the administrator written minutes of proceedings within two weeks after each
meeting.
(K) The chairman of the firefighter and
fire safety inspector training committee of the board, created in section 4765.55 of the Revised Code, shall annually advise the
administrator in writing of the names and affiliations of the members of such
committee. If, pursuant to section 4765.55 of the
Revised Code, any member of the committee other than the chairman exercises his
right to designate another person to serve in his place, the committee chairman
shall also advise the administrator in writing of the names and affiliations of
such designees.
(L) Except as provided in section 4765.55 of the Revised Code, the board has complete
discretion to create, establish, restructure, or discontinue subcommittees and
special committees, and to appoint or remove their members, as it determines
necessary or appropriate.
HISTORY: Eff 10-1-95; 2-22-99; 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.04, 4765.10
R.C. 119.032
review dates: 01/25/2004
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4765-2-04 Public notice of rule adoption, amendment, or
rescission.
(A) Prior to adoption, amendment, or
rescission of any rule, other than an emergency rule authorized by executive
order, the board shall give public notice in accordance with section 119.03 of
the Revised Code, of its intention to consider adopting, amending, or
rescinding such rule or rules. The content of such public notice shall conform
to the requirements of section 119.03 of the Revised Code.
HISTORY: Eff 6-15-95 (Emer.); 9-13-95; 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 119.03
R.C. 119.032
review dates: 2/11/2002 and 01/25/2004
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the OAC Table of Contents
(A) Any person may obtain information
regarding the time and location of all regularly scheduled meetings and
information regarding the time, location, and purpose of any special meetings
of the board, its subcommittees, and special committees. Requests for notice of
meetings may be submitted to the division of EMS in written form, or may be
made in person during regular business hours.
(B) Written request for notice of
meetings may be general in nature or may be specific to meetings where a
particular type of business will be considered. Such requests shall include the
name of the person submitting the request, any organization with which he is
affiliated, mailing address, telephone number, and whether notice is sought for
all or specified types of meetings. Notice requests submitted pursuant to this
paragraph shall include either:
(1) Fifteen self-addressed envelopes with
appropriate postage affixed; or
(2) A reasonable postage fee as
determined annually by the board.
(C) The board shall provide twenty-four
hour advance notice of special meetings of the board, subcommittees; and special
committees to representatives of news organizations who have submitted written
requests for such notice to the division of EMS. In the event that an emergency
meeting is scheduled and twenty-four hour notice is not possible, the board
shall notify those representatives of news organizations who have requested
notice in accordance with this paragraph, as soon as is reasonably possible
after such meeting is scheduled. The notice requested by representatives of
news organizations pursuant to this rule may be general or specific in nature.
HISTORY: Eff 10-1-95; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.04, 4765.10
119.032 rule
review date: January 25, 1999, January 25, 2004
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4765-2-06 Personal information system.
(A) In accordance with section 1347.05 of
the Revised Code, the board shall appoint a privacy officer who shall be
directly responsible for the personal information system operated or maintained
by the board. Responsibilities of the privacy officer or the privacy officer's
designee include, but are not limited to, the following:
(1) Receive all correspondence or
inquiries related to personal information or the system;
(2) Inform each board employee who has
any responsibility for the operation or maintenance of the system, or for the
use of personal information maintained in the system, of the applicable
provisions of Chapter 1347. of the Revised Code, and any applicable rules
adopted thereunder;
(3) Monitor the accuracy, relevance,
timeliness, and completeness of the personal information in the system and, in
accordance with procedures established by the board, maintain the personal
information in the system with the accuracy, relevance, timeliness, and
completeness that is necessary to assure fairness in any determination made
with respect to a person on the basis of information contained within the
system;
(4) Assure the collection, maintenance,
and use of only personal information that is necessary and relevant to
functions the board is required or authorized to perform by statute or rule,
and the elimination of such information from the personal information system when
it is no longer necessary or relevant to functions of the board;
(5) Assure that the board does not place
personal information in an interconnected or combined system, or use personal
information that is placed in an interconnected or combined system by another
state or local agency or another organization, unless the interconnected or
combined system will contribute to the efficiency of the involved agencies in
implementing programs that are authorized by law;
(6) Assure that the board does not use
personal information placed in an interconnected or combined system by another
state or local agency or another organization unless the personal information
is necessary and relevant to the performance of a lawful function of the board.
(7) Provide a person who is asked to
supply personal information that will be placed in an interconnected or
combined system, with information relevant to the system, including the
identity of the other agencies or organizations that have access to the information
in the system.
(B) The board shall inform a person who
is asked to supply personal information for the system whether such person is
legally required, or may refuse, to supply the information.
(C) The board shall allow a person who is
the subject of any record in the personal information system to inspect the
record and dispute any information contained therein, in accordance with
section 1347.08 of the Revised Code. Upon the request of such person, the board
shall:
(1) Inform the person of any personal
information in the system of which the person is the subject;
(2) Except as provided in divisions (C),
(E)(2), and (F) of section 1347.08 of the Revised Code, permit the person, the
person's legal guardian, or an attorney who presents a signed, written
authorization made by the person, to inspect all personal information in the
system of which such person is the subject;
(3) Inform the person about the types of
uses made of the personal information, including the identity of any user
typically granted access to the system;
(4) Allow a person who wishes to exercise
a right provided by this chapter to be accompanied by another individual of
such person's choice;
(5) Upon the payment of a reasonable
charge as established by the board, provide copies of any personal information
the person is authorized to inspect.
(D) The board shall investigate disputes
as to the accuracy, relevance, timeliness, or completeness of personal
information in accordance with section 1347.09 of the Revised Code.
(1) Any person who is the subject of
personal information in a system who disputes the accuracy, relevance,
timeliness, or completeness of the personal information may request that the
board investigate the current status of the information.
(2) Within ninety days after receiving
the request from the disputant, the board shall:
(a) Make a reasonable investigation to
determine whether the disputed information is accurate, relevant, timely, and
complete;
(b) Notify the disputant of the results
of the investigation;
(c) Advise the disputant of any action
the board plans to take with respect to the disputed information.
(3) The board shall delete any
information that it cannot verify or that it finds to be inaccurate.
(4) If, after the board's determination
in accordance with this rule, the disputant is not satisfied, the board shall
do either of the following:
(a) Permit the disputant to include
within the system, a brief statement of the disputant's position on the
disputed information;
(b) Permit the disputant to include
within the system, a notation that the disputant protests that the information
is inaccurate, irrelevant, outdated, or incomplete.
(5) The board may limit the statement of
a disputant to not more than one hundred words if it assists the disputant to
write a clear summary of the dispute.
(6) The board shall retain a copy of the
disputant's statement of dispute.
(E) The board shall include a statement
or notation made by a disputant in accordance with paragraph (D)(4) of this
rule in any subsequent transfer, report, or dissemination of the disputed
information and may include with the disputant's statement or notation, a statement
by the board that it has reasonable grounds to believe that the dispute is
frivolous or irrelevant, and the reasons for that belief.
(F) For purposes of paragraph (E) of this
rule, the presence of contradictory information in a disputant's file does not
alone constitute reasonable grounds to believe that the dispute is frivolous or
irrelevant.
(G) Following any deletion of information
that is found to be inaccurate or the accuracy of which can no longer be
verified, or if a statement of dispute was filed by a disputant in accordance
with paragraph (D)(4) of this rule, the board shall, at the written request of
the disputant, furnish notification that the information has been deleted, or
furnish a copy of the disputant's statement of the dispute, to any person
specifically designated by the disputant. The board shall inform a disputant
that the disputant has the right to make such a request.
HISTORY: Eff 10-1-95; 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 1347.05
R.C. 119.032
review dates: 2/11/2002 and 01/25/2004
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4765-3-01 Definitions.
As used in this chapter:
(A) "Region" means each geographic
area designated as a health service area by the director of health under
section 3702.58 of the Revised Code.
(B) "RPAB" means regional
physician advisory board as defined in section 4765.05 of
the Revised Code and this chapter.
HISTORY: Eff 1-1-96; 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.05
R.C. 119.032
review dates: 2/11/2002 and 01/25/2004
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4765-3-02 Regional physician advisory boards.
(A) For each prehospital emergency
medical services region designated by the board pursuant to section 4765.05 of the Revised Code, the board may appoint a regional
physician advisory board (RPAB), rather than a regional director, to oversee
the delivery of prehospital emergency medical services in that region.
(B) Each RPAB shall be composed of not
fewer than three and not more than nine physicians who meet both of the
following criteria:
(1) Possess knowledge and experience in
or related to emergency medical services;
(2) Work or reside in the region to be
served by the RPAB.
(C) Appointments to each RPAB shall be
made from among those physicians who have expressed an interest in serving and
have provided the board with a completed application including a curriculum
vitae verifying that they meet the qualifications established by this chapter.
(D) Each term of appointment to an RPAB
shall be for a period of three years and shall commence on the first day of
January following appointment by the board.
(E) The board may take into account the
following factors when considering appointments to each RPAB:
(1) Whether the physician has experience
with emergency medicine in a prehospital setting;
(2) Whether all geographic areas of a
region would be adequately represented;
(3) Whether a physician's medical
specialty or area of concentration will broaden the range and scope of
knowledge of an RPAB;
(4) Personal references or letters of
recommendation.
(F) Upon the recommendation of the state
medical director, the board may remove or replace any member of an RPAB for any
of the following reasons:
(1) Failure to maintain the
qualifications necessary for appointment to an RPAB;
(2) Failure to satisfy responsibilities
as a member of an RPAB;
(3) Suspension or revocation of a
certificate to practice medicine and surgery, or osteopathic medicine and
surgery, under Chapter 4731 of the Revised Code;
(4) Such other reason that the state
medical director determines would preclude a member from serving as an
effective member of the RPAB.
(G) The board may fill any vacancies that
occur prior to the expiration of a term in accordance with this chapter. Any
member appointed to fill a vacancy occurring prior to the expiration of the
term for which the member's predecessor was appointed shall serve for the
remainder of the unexpired term.
HISTORY: Eff 1-1-96; 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.05
R.C. 119.032
review dates: 2/11/2002 and 01/25/2004
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4765-3-03 Operations of regional physician advisory
boards.
(A) Each RPAB shall annually appoint a
chairman and a vice chairman from among its members. Notice of such appointment
shall be provided to the state medical director no later than February
fifteenth.
(B) Each RPAB shall meet as often as
necessary to carry out its duties but no less often than four times annually.
(C) The chairman of each RPAB shall meet
at least four times annually with he state medical director. In addition, the
state medical director shall be advised of all scheduled meetings of each RPAB.
(D) To assist it in carrying out its
duties and responsibilities under section 4765.05 of the
Revised Code and this chapter, each RPAB shall hold a minimum of two public
forums annually on the subject of delivery of prehospital emergency medical
care in the region. The date, time, and location of each public forum shall be
publicized in advance in a manner determined appropriate by the RPAB.
(E) Prior to the last day of February of
each year, each RPAB shall submit to the state medical director and all EMS
organizations in its region, a report that documents activities, improvements,
accomplishments, and problem areas in the previous calendar year. Such report
shall be presented in a format specified by the state medical director.
HISTORY: Eff 1-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.05
119.032 rule
review date: January 25, 1999, January 25, 2004
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4765-3-04 Responsibilities of regional physician
advisory boards.
(A) Each RPAB shall develop and recommend
written medical protocols for EMS providers, organizations, and personnel
operating in the area served by the RPAB.
(B) In order to assist in developing and
maintaining appropriate emergency medical services in its region, each RPAB
shall provide the following services:
(1) Assist in developing EMS continuing
education programs within its region;
(2) Assist in the organization,
evaluation, and procurement of equipment for EMS organizations in its region;
(3) Maintain information regarding all
EMS providers and organizations in the region including the name of the medical
director or physician advisory board members for each;
(4) Maintain a listing of all
(5) Maintain a listing of all
(6) Identify problems with the provision
of emergency medical services in the region and develop strategies to address
such problems;
(7)
Facilitate agreements for mutual aid and assistance between EMS organizations
in the region;
(8) Review any experimental procedures
proposed to be included in EMS medical protocols within its region.
(C) Each RPAB shall assist all EMS organizations
in its region in procuring the services of a medical director or physician
advisory board as required by section 4765.42 or
the Revised Code. If an EMS organization is unable to locate any qualified
physicians who are willing to act in this capacity, the RPAB shall serve as the
physician advisory board for that EMS organization until such time as the
services of a medical director or physician advisory board can be procured.
HISTORY: Eff 1-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.05
119.032 rule
review date: January 25, 1999, January 25, 2004
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4765-3-05 Medical Director Requirements.
(A) Each medical director shall meet the
following minimum qualifications:
(1) Possession of a valid Ohio medical
license;
(2) Active in emergency care of patients;
(3) Active participation with one or more
EMS organizations, including but not limited to:
(a) Conducting performance improvement
programs;
(b) Conducting education programs;
(c) Conducting protocol updates.
(4) Evidence of high ethical standards
and no conflicts of interest;
(5) Evidence that medical director will
receive aggregate data from the state EMS office to benchmark at the local
level.
(B) Existing medical directors who meet
all the qualifications listed in paragraph (A) of this rule are not required to
obtain additional training for a period of three years after the effective date
of this rule. After three years, such medical directors shall:
(1) Complete the national association of
emergency medical service providers (NAEMSP) medical director course, the Ohio
American college of emergency physicians (ACEP) medical director course, or
other equivalent course approved by the board; or
(2) Complete a board eligible/board
certified residency program in emergency medicine; or
(3) Submit verification of EMS medical
director experience and verification of performance improvement programs or
training to the board.
(C) New medical directors, and existing
medical directors who do not meet the qualifications listed in paragraph (A) of
this rule, shall complete the NAEMSP or Ohio ACEP medical director course, or
complete a board eligible/board certified residency program in emergency
medicine.
(D) Each medical director is required to
participate in peer review and quality improvement programs, as provided in
section 4765.12 of the Revised Code.
(E) Each medical director shall register
with the board on an annual basis in order to demonstrate that such medical
director continues to meet the minimum qualifications listed in paragraph (A)
of this rule.
HISTORY: Eff 8-25-02
Rule promulgated under: RC 119.03
Rule
authorized by: RC 4765.11 Rule amplifies: RC 4765.11 R.C.
119.032 review dates: 01/25/2004
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4765-4-01 State Trauma Registry.
(A) In carrying out its responsibilities
for the collection of trauma data pursuant to section 4765.06
of the Revised Code and this chapter, the board may reference commonly accepted
medical diagnostic codes in identifying those conditions that are included
within the definition of trauma.
(B) The board shall use the state trauma
registry to collect and analyze data that is necessary to evaluate the delivery
of adult and pediatric trauma care within the state. The data collected by the
state trauma registry shall be of such a nature as to allow the board to
identify and evaluate the following:
(1) Incidence, type, severity, and
outcome of trauma injuries;
(2) Criteria used to establish triage
protocols;
(3) Geographic patterns of injury,
including but not limited to areas or regions of the state where improvements
are needed in the delivery of trauma care;
(4)
Other factors to consider in recommending, designing, or implementing an
integrated statewide trauma care delivery system, including but not limited to
public education on trauma and injury prevention, access to trauma care,
prehospital availability, and cost of trauma care.
(C) Data and information submitted to,
and maintained by, the state trauma registry shall be in such a format that:
(1) Protects the identity of specific
patients to whom medical care has been rendered;
(2) Identifies specific health care
facilities by a code or similar designation other than name;
(3) Avoids or minimizes duplication of
entry.
HISTORY: Eff 5-19-97; 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule amplifies: RC 4765.06
R.C. 119.032
review dates: 2/11/2002 and 04/28/2007
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4765-4-02 Operation Of State Trauma Registry.
(A) As used in this rule,
"subcommittee" means the trauma registry advisory subcommittee
authorized in paragraph (B) of this rule.
(B) The state trauma registry established
pursuant to section 4765.06 of the Revised Code and this
chapter shall be overseen by a subcommittee of the state trauma committee,
which shall be known as the trauma registry advisory subcommittee.
(C) The board shall make appointments to
the subcommittee. Membership of the subcommittee shall include the following:
(1) Two surgeons selected from a list of
nine names, three each submitted by the Ohio chapter of the American college of
surgeons, the Ohio state medical association, and the Ohio osteopathic
association, respectively. One of the two surgeons chosen shall be affiliated
with a facility that has applied for designation as, or has been verified as, a
level I or level II trauma center by the American college of surgeons;
(2) Two emergency physicians, one each
selected from list of three names submitted by the Ohio chapter of the American
college of emergency physicians and a list of three names submitted by the Ohio
chapter of the American academy of pediatrics;
(3) Two trauma registrars selected from a
list of three names submitted by the alliance of Ohio trauma registrars;
(4) Two nurses, one each selected from a
list of three names submitted by the Ohio society of trauma nurse coordinators
and a list of three names submitted by the Ohio emergency nurses association;
(5) Two hospital representatives selected
from a list of twelve names, three each submitted by the Ohio hospital
association, the Ohio osteopathic association, the association of Ohio
children's hospitals, and the health forum of Ohio, respectively;
(6) One prehospital emergency medical
services provider selected from a list of three names submitted by each
organization representing prehospital emergency medical services providers that
is authorized by section 4765.02 of the Revised Code to submit nominations to
the governor for appointments to the board;
(7) One representative of rehabilitation
providers selected from a list of three names submitted by the Ohio
rehabilitation association;
(8) One consumer who is not affiliated
with an emergency medical services provider, selected from a list of three
names submitted by the chairman of the board.
(9) One physical medicine and
rehabilitation physician selected from a list of nine names, three each
submitted by the Ohio society of physical and rehabilitative medicine, the Ohio
state medical association, and the Ohio osteopathic association, respectively.
(10) One county coroner selected from a
list of nine names, three each submitted by the Ohio state coroner's
association, the Ohio state medical association, and the Ohio osteopathic
association, respectively.
(11) Two health information management
technicians or medical record coders from non-trauma center hospitals, selected
from a list of three names submitted by the Ohio health information management
association.
(12) One representative from a regional
trauma registry selected from a list of three names submitted by the chairman
of the state trauma committee.
(D) In making appointments to the
subcommittee, the board shall make a good faith effort to ensure representation
from health care facilities of differing size and trauma care capabilities, and
from various geographic regions of the state.
(E) The initial subcommittee members
shall serve staggered terms. Of the initial appointments to the subcommittee,
the board shall designate four members whose terms shall end one year after the
initial date of appointment and four members whose terms shall end two years
after the initial date of appointment. The remaining initial subcommittee
members shall each serve a term of three years. Any member appointed to the
subcommittee after the initial appointments shall serve a term of three years.
No member shall serve more than two consecutive terms.
(F) The board may fill any vacancies that
occur prior to the expiration of a term in the same manner as the original
appointment. Any member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed shall serve for
the remainder of the unexpired term. Any member appointed to fill an unexpired
term shall remain eligible to serve two additional three-year terms.
(G) The subcommittee shall annually
select a chairman from among its members.
(H) The subcommittee may establish such
task forces or work groups as it deems necessary to assist in its functions.
HISTORY: Eff 5-19-97; 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 2/11/2002 and 04/28/2007
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4765-4-03 Required Reporting To State Trauma
Registry.
(A) The following entities shall submit
data and information to the state trauma registry:
(1) Health care facilities including:
(a) Hospitals registered under Chapter
3701. of the Revised Code;
(b) Nursing facilities licensed or
certified under Chapter 3721 of the Revised Code;
(c) County homes or county nursing homes
as defined in section 5155.31 of the Revised Code;
(d) Inpatient rehabilitation facilities
as defined in Chapter 3701-83 of the Administrative Code;
(e) Ambulatory surgical facilities as
defined in section 3702.30 of the Revised Code;
(2) State and other public agencies
designated by the board that possess information regarding trauma care;
(3) County coroners.
(B) Those entities required to submit
data and information to the state trauma registry under this chapter shall
provide information regarding injured patients in the following categories that
are applicable to its operations:
(1) Trauma patients who meet the minimum
requirements set forth by the board for inclusion into the Ohio trauma
registry;
(2) Type of trauma injury as identified
by medical diagnostic codes designated by the board;
(3) Severity of injury;
(4) Patient outcomes;
(5) Type of prehospital emergency care
received by each trauma patient;
(6) Financial data pertinent to trauma
care;
(7) Remuneration received from all
sources for treatment of trauma patients.
(C) All trauma related deaths shall be
reported by the coroner of the county in which the death occurred to the state
trauma registry in a manner specified by the board within one hundred-eighty
days after the death occurs,
(D) The information required to be
provided to the state trauma registry under section 4765.06
of the Revised Code and this chapter shall be provided and maintained in such a
way as to protect against revealing the identity of the patient. Any person
handling information received for the state trauma registry has a fiduciary
duty to maintain the confidentiality of such information and shall sign and adhere
to a contract with the department of public safety, division of EMS, regarding
the confidentiality of such information. If such person violates this fiduciary
duty or violates any terms of the contract, the department of public safety,
division of EMS, may terminate such person and employ any other remedies, legal
or equitable, available to it. Health care facilities and other providers shall
be identified in the registry by a code or similar designation other than name.
(E) Except as provided in paragraph (C)
of this rule or as otherwise specified by the board, the information required
under section 4765.06 of the Revised Code and this
chapter shall be reported on a quarterly basis and shall be submitted to the
state trauma registry not later than ninety calendar days after March
thirty-first, June thirtieth, September thirtieth, and December thirty-first of
each year. The board may develop policies for granting extensions to the
submission deadlines.
(F) The information required to be
provided to the state trauma registry under section 4765.06
of the Revised Code and this chapter shall be submitted in a format authorized
by the board for such purpose,
(G) In identifying the information to be
provided to the state trauma registry under section 4765.06
of the Revised Code and this chapter, the board shall take into consideration
the financial and other burdens that these requirements will place on the entities
that are required to report.
(H) Any entity, otherwise required to
report to the state trauma registry under section 4765.06
of the Revised Code or this chapter, that reports required information to a
regional trauma registry need not report individually to the state trauma
registry, provided the regional registry reports such information to the state
trauma registry in compliance with section 4765.06 of the
Revised Code and this chapter. Those entities intending to report through a
regional registry shall so notify the board in a manner indicated by the board.
(I) Any entity that fails to submit data
and information to the state trauma registry, as required under section 4765.06 of the Revised Code or this chapter, may be
ineligible to participate in the emergency medical services grants program
established under section 4765.07 of the Revised Code and
as provided in Chapter 4765-5 of the Administrative Code.
HISTORY: Eff 5-19-97; 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 2/11/2002 and 04/28/2007
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4765-4-04 Definitions.
(A) "Glasgow coma scale" or
"GCS" is a numeric rating used to assess the severity of neurologic
injury.
(B) "Information that identifies or
would tend to identify a specific recipient of emergency medical services or
adult or pediatric care" shall have the same meaning as "individually
identifiable health information", as defined in Title 45 of the Code of
Federal Regulations, Section 160.103 (2003) of the health insurance portability
and accountability act (HIPAA) of 1996,
(C) As used in HIPAA and this chapter,
"Individually identifiable health information" is information that is
a subset of health information, including demographic information collected
from an individual, and
(1) Is created or received by a health
care provider, health plan, employer, or health care clearinghouse; and
(2) Relates to the past, present, or
future physical or mental health or condition of an individual; the provision
of health care to an individual; or the past, present, or future payment for
the provision of health care to an individual; and
(a) That identifies the individual; or
(b) With respect to which there is a
reasonable basis to believe the information can be used to dentify the individual.
(D) "Injury severity score" or
"ISS" is a mathematical measure assessing the cumulative effect of
injury severity.
(E) "Major Trauma Outcome
Study" or "MTOS" is a nationally based research project
conducted between 1982 and 1987, which created and validated the TRISS
methodology.
(F) "Risk Adjustment" means
methodologies applied to a data set in order to identify and control patient
variables that are present which may influence patient outcome.
(G)
"TRISS" is a methodology which combines the following variables in
order to determine a probability of survival:
(1) Physiologic (systolic blood pressure,
respiratory rate, Glasgow coma scale score);
(2) Anatomic injury severity score;
(3)
Age (fifty five years or older, or younger than fifty five years);
(4) Trauma type (blunt or penetrating
injury).
HISTORY: Eff 4-28-02; 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 04/28/2007
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4765-4-05 Purpose Of Risk Adjustment.
The purpose of risk adjustment is to
identify and control patient variables that are present which may influence
patient outcome.
HISTORY: Eff 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 04/28/2007
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4765-4-06 Risk Adjustment Of State Trauma Registry
Data.
(A) Methodologies
(1) TRISS shall be the primary
methodology used to risk adjust data in the state trauma registry.
(2) The subcommittee may evaluate other
methodologies and make recommendations to the trauma committee and board on the
use of such methodologies.
(3) The coefficients used to calculate
TRISS shall be those derived from the MTOS.
(4) The subcommittee may evaluate the
possibility of creating Ohio specific coefficients, based upon the Ohio trauma
registry data set, to utilize with the TRISS methodology, and when appropriate,
these equations may be utilized. Additionally, the subcommittee may evaluate
other appropriate data sets for use in developing specific coefficients.
(B) Analysis
(1) The subcommittee shall utilize a
variety of acceptable techniques for providing statistical analysis of
risk-adjusted data.
(2) The subcommittee shall utilize a
variety of methodologies to risk adjust by sex, age, or other factors, in order
to analyze state trauma registry data for specific age groupings, including
pediatric and geriatric age groupings.
(C) Risk adjusted outcomes
(1) Mortality shall be an outcome that is
risk adjusted. In addition, the subcommittee may evaluate the feasibility of
risk adjusting other outcomes and make recommendations to the trauma committee
and board on the selection and evaluation of such outcomes.
HISTORY: Eff 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 04/28/2007
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4765-4-07 Protected Information Within The State Trauma
Registry.
(A) Information that identifies or would
tend to identify a specific recipient of emergency medical services or adult or
pediatric trauma care shall include, but not be limited to, the recipient's
social security number, date of birth, and name.
(1) No records shall be provided in
response to a public records request if the request asks for information sorted
by, or if the request contains, information that identifies or would tend to
identify a specific recipient of emergency medical services or adult or
pediatric trauma care.
(2) No records provided in response to a
public records request shall contain any information that identifies or would
tend to identify a specific recipient of emergency medical services or adult or
pediatric trauma care.
(B) Information that identifies or would
tend to identify a specific provider of emergency medical services or adult or
pediatric trauma care shall include, but not be limited to, the provider's
hospital code, medical record number, and county.
(1) Prior to the implementation of risk
adjustment standards and procedures, no records shall be provided in response
to a public records request if the request asks for information sorted by, or
if the request contains, information that identifies or would tend to identify
a specific provider of emergency medical services or adult or pediatric trauma
care.
(2) Prior to the implementation of risk
adjustment standards and procedures, no records provided in response to a
public records request shall contain any information that identifies or would
tend to identify a specific provider of emergency medical services or adult or
pediatric trauma care.
(3) After risk adjustment standards and
procedures are implemented, such records may be made public, but only on a risk
adjusted basis.
HISTORY: Eff 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 04/28/2007
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4765-4-08 Risk Adjustment Deliberations.
(A) The department of public safety,
division of EMS, may contract with individuals or organizations with specific
expertise in risk adjustment and statistical analysis of medical data in order
to perform risk adjustment of information received by the board under Chapter
4765. of the Revised Code.
(B) Each person performing risk
adjustment of Ohio trauma registry data has a fiduciary duty to maintain the
confidentiality of such information. In the event a person performing risk
adjustment under this chapter violates this duty, the department of public
safety, division of EMS, may terminate such person and employ any other
remedies, legal or equitable, available to it.
(C) Each person performing risk
adjustment of Ohio trauma registry data shall sign and adhere to a contract
with the department of public safety, division of EMS, regarding the
confidentiality of such information. In the event a person performing risk
adjustment under this chapter violates any terms of this contract, the
department of public safety, division of EMS, may terminate such person and
employ any other remedies, legal or equitable, available to it.
(D) All meetings in which persons are
engaged in performing risk adjustment functions, including deliberations
therein, shall not be open to the public.
(E) All records of deliberations of
persons performing risk adjustment functions shall be maintained in confidence.
HISTORY: Eff 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 04/28/2007
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4765-5-01 Definitions.
4765-5-01 Definitions.
As used in this chapter:
(A) "Equipment" means an item on the board-approved equipment list,
which can be found at www.ems.ohio.gov, that is used by
(B) "Grant" means an award of
money made by the board in accordance with section
4765.07 of the Revised Code and this
chapter.
(C) "Grant agreement form"
means the form included in the grant application which
contains the terms of the agreement and
assurances of the department of public
safety, division of
(D) "Grant cycle" means the
twelve month period beginning on the first day of July
following approval of a grant application
and ending on June thirtieth of the
following year unless otherwise provided
in this chapter or approved by the board.
(E) "Grantee" means the EMS
organization or entity to which a grant is awarded in
accordance with section 4765.07 of the
Revised Code and this chapter.
(F) "Training equipment" means
an item on the board-approved equipment list, which can be found at
www.ems.ohio.gov, that is used for the training of patient care skills in a
program accredited or approved under section 4765.16 of the Revised Code.
HISTORY: Eff 10-1-95; 6-29-01; 1-13-02; 12-30-04
Rule
promulgated under: RC Chapter 119.03
Statutory
Authority: 4765.11
Rule
amplifies: RC 4765.07
R.C. 119.032
review dates: 9/28/01, 1/3/07
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4765-5-02 Criteria For Eligibility.
(A) The board shall only approve grants
for applicants who are eligible to be grantees
pursuant to section 4765.07 of the
Revised Code and this chapter.
(B) Eligible grantees are limited to the
following:
(1) EMS organizations whose main responsibility
is to provide continuous emergency medical services to the community pursuant
to requests and/or calls from the public for emergency medical service
response. Such EMS organizations must also meet one of the following:
(a) They must be established or operated
by a township, municipality, village,
city, county, joint fire district, joint
ambulance district, or joint township fire district within the state;
(b) They must provide services, pursuant
to a contract or letter, to a township,
municipality, village, city, county,
joint fire district, joint ambulance district, or joint township fire district
within the state.
(2) Entities that meet the requirements
of division (A)(2), (A)(3), or (A)(4) of section 4765.07 of the Revised Code.
(C) Grant applicants must provide to the
division documentation of eligibility in
accordance with the grant application
form.
(D) Eligible grantees must comply with
all applicable provisions of Chapter 4765. of the
Revised Code and this chapter.
(E) An EMS organization's failure to
report as required under section 4765.06 of the
Revised Code and Chapter 4765-13 of the
Administrative Code may result in
ineligibility status for purposes of the
emergency medical services grant program
established under section 4765.07 of the
Revised Code and as provided in this
chapter.
HISTORY: Eff 12-30-2004
Rule
promulgated under: RC Chapter 119.03
Statutory
Authority: 4765.11
Rule
amplifies: RC 4765.07
R.C. 119.032
review dates: 1/25/99, 9/28/01, 1/3/07
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4765-5-03 General Provisions.
(A) The board may award grants subject to
the availability of funds in the emergency medical services fund created in
section 4513.263 of the Revised Code, and subject to
the conditions listed in this chapter.
(B) Subject to paragraph (A) of this
rule, grant proposals shall be solicited annually by the board through such
means of public notice as it deems appropriate.
(C)
Except as provided in section 4765.07 of the Revised
Code, the board may establish priorities in the types of grant projects
eligible for funding.
(D) The board may, on an annual basis,
determine the portion of grant funds that will be allocated for one or more of
the priorities listed in section 4765.07 of the Revised
Code.
(E) The board may establish conditions
for approval of a grant application as it deems necessary or appropriate.
(F) Except as otherwise provided in law
or regulation, the board may approve or deny any, all, or a portion of a grant
application.
(G) In reviewing and awarding grants in
accordance with section 4765.07 of the Revised Code and
this chapter, the board shall not discriminate among applicants on the basis of
race, color, religion, sex, or national origin.
HISTORY: Eff 10-1-95; 1-13-02
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.07
R.C. 119.032
review dates: 9/28/01, 1/3/07
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4765-5-04 Grant Applications.
(A) Grant applications shall be submitted
on forms approved by the board. Applications shall be available in both paper
form and electronic form, and may be filed via the mail or electronically.
(B) Grant applications filed via the mail
shall bear the original signature of the principal administrative officer of
the applicant, which signature shall be witnessed or notarized.
(C) All grant applications shall include,
at a minimum, the following documents and information:
(1) Federal tax identification number;
(2) Contact person, address, and
telephone number for the applicant;
(3) Grant agreement form.
(D) In addition to submitting a grant
application, all applicants, whether filing via the mail or electronically,
must submit an original W-9 form to the department of public safety, division
of EMS.
(E) Except as otherwise provided in this
chapter or approved by the board, all grant applications must be completed and
received or completed and postmarked if filing via the mail, by five p.m. of
the first day of April in order to be considered for a grant cycle commencing
on the first day of July of the same year.
(1) For calendar years in which the first
day of April is a Saturday or Sunday, all grant applications must be completed
and received, or completed and postmarked if filing via the mail, by five p.m.
of the next regular business day.
(2) The board may grant such other
extensions of the deadline for applications as it deems necessary or
appropriate; however, if an extension is approved, the board shall make a good
faith effort to inform all potential grant applicants of the new deadline date.
(3) Grant review will begin after the
application deadline.
(F) Applications shall be submitted to
the department of public safety, division of EMS, at such address or web site
as is specified in the application form.
(G) Incomplete or illegible applications
will not be considered for funding.
HISTORY: Eff 10-1-95; 2-22-99; 6-29-01; 1-13-02
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.07
R.C. 119.032
review dates: 1/25/99, 9/28/2001, 1/3/07
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4765-5-05 Grant Restrictions And Requirements.
(A) Grant funds shall not be used for
activities or purchases related to an approved grant project if such activities
were commenced, or such purchases were made or obligated, prior to formal
approval of the grant application by the board.
(B) The board may restrict the type of
expenses for which grant funds may be used. Unless otherwise authorized in
writing by the board, grant funds may not be used for the following expenses:
(1) Grant preparation or administration;
(2) Salaries;
(3) Meals or lodging;
(4) Travel expenses;
(5) Equipment to be used exclusively by
one individual.
(C) Grants awarded for EMS training shall
be used only for tuition and fees, books, materials, and other expenses related
directly to participation in the training program.
(D) Grant funds shall only be expended by
the grantee to which the grant was awarded. Failure to comply with this
requirement shall be considered to be A misappropriation of funds and shall
result in forfeiture of unexpended grant funds. The grantee shall repay any
funds determined by the board to have been inappropriately expended.
(E) A grantee who expends grant funds for
purposes other than those authorized under this chapter and approved by the
board shall be subject to forfeiture of unexpended funds, repayment of any
grant funds determined by the board to have been used for an unauthorized
purpose, and may be considered ineligible for funding in future grant cycles.
(F) Within seven days after a request by
the board, a grantee shall supply original or verifiable copies of all receipts
and other appropriate documentation related to disposition of the grant funds.
(G) Except as otherwise provided in this
chapter, all grant funds must be expended or obligated by a grantee within the
twelve month grant cycle for which they were awarded.
(H) The board may approve or extend a
grant cycle beyond twelve months as it determines necessary or appropriate;
however, if doing so would extend the grant cycle beyond the biennium in which
it commences, the board shall expressly condition the availability of grant
funds in the subsequent biennium on any necessary appropriations or
certifications by the Ohio general assembly and the office of budget and
management.
(I)
Any grant funds not expended or obligated on the final day of the grant cycle
shall be remitted to the division of
(1) A grantee who fails to expend the
full amount of a grant shall not be adversely impacted in future grant cycles
provided that all unexpended grant funds are remitted as provided in this
chapter.
(2) A grantee who fails to remit
unexpended grant funds as provided in this rule shall be considered ineligible
for funding in future grant cycles until such time as unexpended funds are
remitted to the division of EMS.
(J) A final report accounting for all
grant funds expended by a grantee shall be submitted to the board not later
than thirty days after the end of the grant cycle.
(K) All expenditures and disbursements of
grant funds by a grantee shall be subject to generally accepted accounting
principles.
(L) Any grantee suspected of
misappropriating or improperly administering grant funds will be referred by
the board for investigation by the auditor of state.
HISTORY: Eff 10-1-95; 2-22-99; 6-29-01; 1-13-02
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.07
R.C. 119.032
review dates: 1/25/99, 9/28/01, 1/3/07
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4765-5-06 Distribution Of Grant Funds.
(A) Subject to section 4765.07
of the Revised Code, and to the availability of funds as determined in
accordance with this chapter, the board may review and award grants 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 the causes, nature, and effects of traumatic injuries,
educate the public about injury prevention, and implement, test, and evaluate
injury prevention strategies;
(3) Third priority shall be given to
entities that research, test, and evaluate procedures that promote the
rehabilitation, retraining, and reemployment of adult or pediatric trauma
victims and social service support mechanisms for adult or pediatric trauma victims
and their families;
(4) Fourth priority shall be given to
entities that research, test, and evaluate medical procedures related to adult
and pediatric trauma care;
(5) Any other category that the board
determines is consistent with the terms of section 4765.07
of the Revised Code.
(B) Equipment may be purchased with grant
funds provided that the equipment will be retained by the grantee and used in
accordance with the terms of the grant award for the useful life of the
equipment.
(C) Unless otherwise expressly waived by
the board, grants awarded for research projects are subject to all of the
following:
(1) Grant funds may not be used to
purchase or acquire equipment for use in research projects; however, grant
funds may be used to defray the costs of renting or leasing equipment involved
in a research project;
(2) Grantee shall comply with all state
and federal statutes and regulations applicable to the project;
(3) All data, information, copyrights, or
patents resulting from such research projects are, and shall remain, the
property of the state of Ohio;
(4) Grantee shall submit to the board a
final report on any findings and conclusions of the research project within
one-hundred twenty days after completion of the project.
HISTORY: Eff 10-1-95; 6-29-01; 1-13-02
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.07
R.C. 119.032
review dates: 9/28/01, 1/3/07
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4765-6-01 Procedures for additional services.
(A) The board shall evaluate whether
first responders, EMTs-basic, EMTs-intermediate,
and EMTs-paramedic may perform additional
services beyond those contained in
Chapter 4765. of the Revised Code and
Chapters 4765-12, 4765-15, 4765-16, and
4765-17 of the Administrative Code.
(B) If the board approves additional
services, it shall specify whether such services
require prior written or verbal
authorization. Additional services will be posted on
the
www.ems.ohio.gov. The board will also
list any additional approved services in the
respective first responder or EMT rules
pertaining to scope of practice on a yearly
basis.
HISTORY: Eff 12-30-04
Rule
promulgated under: RC Chapter 119.03
Statutory
Authority: 4765.11
Rule
amplifies: 4765.11
119.032 rule
review date: January 12, 2009
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4765-6-02 General Provisions.
(A) A training program for certification
as a first responder. EMT-basic, EMT-intermediate, or EMT-paramedic shall meet
all knowledge and skill objectives established by the board.
(B) The current national standard
curriculum (NSC) as adopted by the United States department of transportation
shall be used as a guideline for development of all EMS training curriculum.
(C) All EMS training programs shall be
accredited or approved by the division pursuant to section 4765.15 of the Revised Code and this chapter,
as directed by the board.
(D) All EMS training courses shall be
taught by a person who holds a certificate to teach at the level appropriate
for the course, pursuant to section 4765.16 of
the Revised Code and this chapter.
(E) An accredited training program for
EMT-intermediate or EMT-paramedic training with the approval of the program
coordinator and program medical director may accept previous training of the
student, by documenting the students competency in the objectives, as
established by the board for the section that credit is given. The training
program shall access the students competency through written and practical
testing.
(1) Any student in an EMT-intermediate or
EMT-paramedic training program given credit for previous training shall possess
a certificate to practice as a EMT-basic issued by the board pursuant to
section 4765.30 of the Revised Code
prior to receiving credit for an EMT-intermediate or EMT-paramedic training
program.
(2) No previous training credit shall be
given to a student for certification as an EMT-basic or first responder.
HISTORY: Eff 1-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.16
119.032 rule
review date: January 25, 1999, January 25, 2004
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OAC Table of Contents
4765-6-03 Additional services in a declared emergency.
(A) In the event of an emergency declared
by the governor that affects the public's health,
a first responder, EMT-basic,
EMT-intermediate, or EMT-paramedic, certified in
accordance with section 4765.30 of the
Revised Code and Chapter 4765-8 of the
Administrative Code, may perform
immunizations and administer drugs or dangerous drugs, in relation to the
emergency, provided the first responder or EMT is under physician medical
direction and has received appropriate training regarding the administration of
such immunizations and/or drugs.
HISTORY: Eff 12-30-04
Rule
promulgated under: RC Chapter 119.03
Statutory
Authority: 4765.11, 4765.35, 4765.37,
4765.38, 4765.39
Rule
amplifies: 4765.35, 4765.37, 4765.38,
4765.39
119.032 rule
review date: January 12, 2009
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4765-6-06 EMT Special Program Curriculum.
(A) An EMT intubation training program
shall consist of twelve hours allocated as follows:
(1) Four hours devoted to airway and
ventilation assessment in adult and pediatric patients;
(2) Two hours devoted to pathophysiology
of the airway, ventilation, and respiration;
(3) Four hours devoted to the mechanics
of intubation;
(4) Two hours of written and practical
certification testing.
(B) An EMT AED training program shall
consist of six hours allocated as follows:
(1) One hour devoted to review of
cardiopulmonary resuscitation;
(2) Three hours devoted to the
application, operation, and maintenance of AED equipment;
(3) One hour devoted to communication,
documentation, and medical direction in the AED process;
(4) One hour of written and practical
certification testing.
(C) An EMT epinephrine training program
shall consist of one hour including the following:
(1) Pathophysiology of anaphylactic
reaction;
(2) Pharmacology of epinephrine;
(3) Assessment and care of adult and
pediatric patients with allergic reactions;
(4) Practical application of subcutaneous
autoinjection for EMT-basic and subcutaneous injection for EMT-intermediate;
(5) Written and practical certification
testing.
(D) An EMT cardiac monitoring and manual
defibrillation training program shall consist of twenty hours allocated as
follows:
(1) One hour devoted to assessment and
management of the cardiac patient;
(2) Two hours devoted to anatomy,
physiology, pathophysiology, and electrophysiology of the heart;
(3) Eight hours devoted to cardiac
monitoring and electrocardiogram interpretation;
(4) Six hours devoted to electrical
intervention to support or correct the cardiac function;
(5) Three hours of written and practical
certification testing.
(E) A person who, on the effective date
of this chapter, holds a valid certificate of competency issued under former
section 3303.15 of the Revised Code, may attain the standards set forth in
section 4765.16 of the Revised Code and required for renewal of a certificate
to practice as an EMT-basic by successfully completing a bridge course that
includes both of the following:
(1) All the requirements set forth in
paragraphs (A), (B), and (C) of this rule;
(2) An additional seven hours in the area
of patient assessment.
(F) An EMT-intermediate interosseous (IO)
infusion training program shall consist of three hours allocated as follows:
(1)
Pathophysiology of interosseous infusion;
(2) Mechanics of interosseous (IO);
(3) Course completion exam.
(G) A person who, on the effective date
of this chapter, holds a valid certificate of competency issued under former
section 3303.15 of the Revised Code, may attain the standards set forth in
section 4765.16 of the Revised Code and required for renewal of a certificate
to practice as an EMT-intermediate by successfully completing a course in each
area of deficiency that includes the following:
(1) All the requirements set forth in
paragraphs (A), (B), (C), (D), and (F) of this rule;
(2) An additional seven hours in the area
of patient assessment.
(H) A person who, on the effective date
of this chapter, holds a certificate of competency issued under former section
3303.15 of the Revised Code, may elect to complete the AED training program set
forth in paragraph (B) of this rule as a program prior to, or separate from,
other components of the bridge course as set forth in this rule.
HISTORY: Eff 2-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.16
119.032 rule
review date: January 25, 1999, January 25, 2004
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4765-7-01 Definitions.
As used in Chapter 4765-7 of the
Administrative Code:
(A) "Offsite location" means
locations where an accredited program is offered in addition to the locations
that were designated and authorized in the original application for
accreditation approved in accordance with this chapter.
(B) "Preceptor" means a person
who supervises and evaluates EMS students during various phases of the EMS
clinical or pre-hospital internship and who is licensed, certified, or
possesses documentation of training at a level that meets or exceeds the level
of certification for which he supervises or evaluates EMS students.
(C) "Sponsoring program" means
a training program that has been issued a certificate of accreditation under
section 4765.17 of the Revised Code and
this chapter who has been approved to offer courses at offsite locations in
accordance with this chapter.
(D) "Certificate of
accreditation" means a written agreement between an EMS training program
and the state board of EMS.
HISTORY: Eff 1-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.15, 4765.16, 4765.17
119.032 rule
review date: January 25, 1999, January 25, 2004
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4765-7-02 Accreditation Of Training Programs.
(A) Except as provided in paragraph (B)
of this rule, the board shall issue a certificate of accreditation pursuant to
section 4765.17 of the Revised Code and
this chapter, to any applicant who is of good reputation and who demonstrates
that the EMS training program for which he seeks accreditation meets the
following requirements:
(1) Has a program coordinator who assumes
responsibility for the following:
(a) Administration and operation of the
EMS training program;
(b) Ongoing review and evaluation of the
program content, instructors, and student performance;
(c) Assignment of faculty
responsibilities and scheduling of program courses;
(d) Preparation or approval of all
documents required to be submitted for accrediation;
(e) Defining the role and objectives of
student preceptors;
(f) Assuring the adequacy of all program
training materials.
(2) Has a program medical director who
assumes responsibility for the medical components of the training program;
(3) Meets the curriculum requirements for
certification as an EMT-basic, EMT-intermediate or EMT-paramedic as set forth
in section 4765.16 of the Revised Code and Chapters 4765-15, 4765-16
and 4765-17 of the Administrative Code;
(4) Has established an advisory committee
consisting of the program coordinator, program medical director, clinical
experience and prehospital internship preceptors, instructors, and EMS
providers that meets not less frequently than two times each year;
(5) Has affiliation agreements with
sufficient persons to provide clinical experience and prehospital internship
opportunities to all EMS students;
(6) Has a sufficient number of
instructors who hold a certificate to teach in an EMS training program issued
under section 4765.23 of the Revised Code or
who otherwise satisfy the requirements of this chapter, to ensure that the
ratio of instructors to students in all practical skills components of the
program does not exceed one to ten or for a program submitting a new
application submits a plan listing the number of instructors and when the
instructors will be employed;
(7) Possesses, or has affiliation
agreements for use of, equipment determined by the board to be sufficient to
adequately train EMS personnel to meet the certification requirements of
section 4765.16 of the Revised Code and
Chapters 4765-15, 4765-16 and 4765-17 of the Administrative Code;
(8) Has a sufficient number of preceptors
to provide appropriate supervision and evaluation of students in both the
clinical experience and prehospital internship components of the training
program;
(9) Has sufficient classroom and
laboratory facilities to accommodate the number of students participating in
the program;
(10) Issues a certificate of completion
to each student who successfully completes the training program and passes the
program's final written and practical examination;
(11) Has an established office area for
use by program faculty and instructors;
(12) Has a library available to students
and faculty that contains comprehensive, current publications relating to
emergency medical services;
(13) Provides classroom environments that
are conducive to learning;
(14) Has admission requirements that meet
the requirements for obtaining a certificate to practice under section 4765.30 of the Revised Code and Chapter 4765-8 of the Administrative Code, except that an EMT-basic
training program may admit a student who is seventeen years old provided that
he is enrolled in the twelfth or final grade in a secondary school program;
(15) Requires a certificate to practice
as an EMT-basic for admission to an EMT-intermediate or EMT-paramedic training
program;
(16) Has a written policy prohibiting
discrimination in acceptance of students on the basis of race, color, religion,
sex, or national origin;
(17) Has written policies that are made
available to students identifying all of the following:
(a) Methodology used in determining
grades;
(b) Criteria for successful completion of
each component of the curriculum;
(c) Criteria for successful completion of
the full training program;
(d) Grounds for dismissal from the
program;
(e) Disciplinary and grievance procedures
including mechanism for appeals;
(f) Procedures for voluntary student
withdrawals from the program;
(g) Policy regarding refund of tuition
payments;
(h) Range and availability of student
health care services;
(i) Admission requirements;
(j) Requirements or restrictions
regarding student attire;
(k) Costs associated with the training
program, including tuition, materials, fees;
(l) Information regarding course
schedules, content, and objectives;
(m) Universal precautions that are taught
and followed in the training program;
(18) Provides regular evaluations of
student performance and achievement throughout the course of the program;
(19) Has a written policy to ensure that
students:
(a) Are not assigned to clinical
experience or prehospital internship duties during a scheduled classroom or
laboratory course;
(b) Are not used as substitutes for paid
personnel in a clinical experience or prehospital internship setting;
(B) If an applicant complies with
paragraphs (A)(1) to (A)(10) and (A)(13) to (A)(19) of this rule, but is not in
compliance with any or all of the requirements of paragraphs (A)(11) and
(A)(12) of this rule, the board shall deem that it is in substantial compliance
with the requirements of section 4765.16 of
the Revised Code and this chapter.
(C) A certificate of accreditation issued
under paragraph (A) of this rule shall be valid for three years.
HISTORY: Eff 1-1-96; 2-22-99; 3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.16, 4765.17
R.C. 119.032
review dates: 01/25/2004
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4765-7-03 Provisional Accreditation Of Training
Programs.
(A) The division, as directed by the
board shall issue a certificate of accreditation on a provisional basis
pursuant to section 4765.17 of the Revised
Code, to any applicant who is of good reputation and who demonstrates
substantial compliance with the requirements for accreditation as defined in
this chapter.
(B) In issuing a certificate of
provisional accreditation the division shall indicate to an applicant those
requirements set forth in paragraphs (A)(11) and (A)(12), of rule 4765-7-02 of the Administrative Code, with which he has
failed to demonstrate compliance.
(C) A certificate of accreditation issued
on a provisional basis is valid for a period of one year and shall not be
renewed.
(D) When an applicant demonstrates
compliance with all requirements identified by the board pursuant to paragraph
(B) of this rule, the division, as directed by the board shall issue a
certificate of accreditation which shall be valid for three years from the date
of issue.
(E) If an applicant is unable to demonstrate
compliance with those requirements identified by the board pursuant to
paragraph (B) of this rule within one year after being issued a certificate of
accreditation on a provisional basis, he may not submit an application for the
training program that was the subject of the provisional accreditation for a
period of at least one year. No applicant shall be issued a second provisional
accreditation.
HISTORY: Eff 1-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.17
119.032 rule
review date: January 25, 1999, January 25, 2004
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4765-7-04 Application For Accreditation.
(A) An applicant for a certificate of
accreditation issued pursuant to section 4765.17
of the Revised Code and this chapter shall submit the following information on
forms prescribed by the board:
(1) Documentation of compliance with accreditation
standards set forth in section 4765.16 of the
Revised Code and this chapter;
(2) The location from which the training
program is administered and the locations where classroom and laboratory
components of the program are conducted;
(3) The names of the program coordinator and
program medical director;
(4) A financial statement certifying that
the applicant or the training program possess sufficient financial resources to
ensure the continued operation of the program for the term of a certificate of
accreditation;
(5) Copies of all affiliation agreements
between the applicant and all persons allowing the use of equipment or
providing settings for clinical experience or prehospital internships;
(6) The names, and certification numbers
of instructors issued a certificate to teach pursuant to section 4765.23 of the Revised Code, who are planning to
teach in the training program.
(B) An application for a certificate of
accreditation issued pursuant to section 4765.17
of the Revised Code shall also be subject to site inspections.
(C) There shall be no fee required for an
application for certification of accreditation.
HISTORY: Eff 1-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.15
119.032 rule
review date: January 25, 1999, January 25, 2004
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to go back to the OAC Table of Contents
4765-7-05 Offsite Locations.
(A) Pursuant to division (E) of section 4765.17 of the Revised Code, a person who has
been issued a certificate of accreditation to operate a training program may
offer courses at different locations from those listed in the accreditation
provided that all of the following apply:
(1) The sponsoring program has held a
certificate of accreditation for a minimum of one year;
(2) The sponsoring program continues to
operate at the location identified in the original application for certificate
of accreditation;
(3) Each offsite location where the
program is offered meets the minimum standards for accreditation set forth in
rule 4765-7-02 of the Administrative Code;
(4) No fewer than sixty-five per cent of
the students to whom the sponsoring program has issued a certificate of
completion pursuant to section 4765.24 of the Revised Code and who have taken
the examination for certificate to practice pursuant to section 4765.29 of the
Revised Code were successful in their first attempt to pass the examination
since their last accreditation;
(5) Each offsite location satisfies all
requirements for accreditation under the terms of this chapter prior to
advertising that the program will be offered at such site.
(B) The advisory committee established
for the sponsoring program may also serve as the advisory committee for one or
more offsite locations.
(C) Files and records of students
enrolled in courses offered at offsite locations may be maintained at that
location while the student is a participant in the course, however after the
course is completed, all student files and records must be maintained at the
site of the sponsoring program.
(D) An accredited training program that
wishes to offer courses at offsite locations must first request approval from
the division and provide the division with sufficient information to
demonstrate compliance with this chapter.
(E) The division has ninety days from
receipt of a request to offer courses at an offsite location to notify the
applicant that it approves or disapproves such request. If the request is
disapproved by the division, as directed by the board, it must advise the
program requesting approval of the reasons for which the offsite location
request was denied.
(F) Approval to operate at an offsite
location lapses at the time that the certificate of accreditation of the
sponsoring program is suspended, revoked, or expires.
HISTORY: Eff 1-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.16
119.032 rule
review date: January 25, 1999, January 25, 2004
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4765-7-06 Notification To Board.
(A) A person to whom a certificate of
accreditation is issued pursuant to section 4765.17
of the Revised Code and this chapter, shall provide written notice to the
division no later than ten days following any of the following changes in the
program for which the certificate of accrediation was issued:
(1) Physical facilities;
(2) Faculty;
(3) Affiliation agreements.
(B) A program for which a certificate of
accreditation is issued by the board pursuant to section 4765.17 of the Revised Code and this chapter,
may not change the content of the curriculum or the number of hours included in
the curriculum without first providing notice of the proposed changes to, and
receiving written approval from, the board.
HISTORY: Eff 1-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.15, 4765.16
119.032 rule
review date: January 25, 1999, January 25, 2004
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to go back to the OAC Table of Contents
4765-7-07 Renewal Of Accreditation.
(A) No later than ninety days prior to
its expiration, the division shall mail an application for renewal to each
person who has been issued a certificate of accreditation under section 4765.17 of the Revised Code and this chapter.
(B) The application for renewal shall
clearly indicate the date by which it must be completed and returned to the
division.
(C) The board shall renew a certificate
of accreditation if all of the following apply:
(1) The application for renewal is
completed and submitted to the division no later than the thirtieth day prior
to expiration of the current certificate;
(2) The program remains in compliance
with the requirements for accreditation as set forth in section 4765.17 of the Revised Code and this chapter;
(3) Not less than sixty-five per cent of
the students to whom the program has issued a certificate of completion in the
last accreditation period. And who have taken the examination for certificate
to practice pursuant to section 4765.29 of the
Revised Code were successful in their first attempt to pass the examination.
(D) In considering an application for
renewal of a certificate of accreditation, the board may consider all
information relevant to the requirements for accreditation as set forth in
section 4765.16 of the Revised Code and this
chapter.
HISTORY: Eff 1-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.15
119.032 rule
review date: January 25, 1999, January 25, 2004
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to go back to the OAC Table of Contents
4765-7-08 Reinstatement Of Certificate Of
Accreditation.
(A) A certificate of accreditation that
has expired may be reinstated by the division, as directed by the board if both
of the following apply:
(1) Application for reinstatement is made
no later than ninety days after the certificate of accreditation expired;
(2) The division determines that the
applicant for reinstatement is in compliance with the requirements of section 4765.16 of the Revised Code and this chapter.
(B) The holder of a certificate of
accreditation that has been suspended by the board pursuant to section 4765.33 of the Revised Code and this chapter, may
not apply for reinstatement prior to the date at which the certificate of
accreditation would otherwise have expired.
(C) The board may charge any
reinstatement fee that it establishes on an annual basis.
HISTORY: Eff 1-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.17
119.032 rule
review date: January 25, 1999, January 25, 2004
Click Here
to go back to the OAC Table of Contents
4765-7-09 Approval Of Continuing Education
Programs.
(A) A person who has been issued a
certificate of accreditation under section 4765.17
of the Revised Code and this chapter shall be permitted to offer an EMS
continuing education program.
(B) The division shall issue a
certificate of approval to offer an EMS continuing education program pursuant
to section 4765.17 of the Revised Code as
directed by the board, to any applicant who is of good reputation and who meets
the following requirements:
(1) Has a program coordinator who assumes
general responsibility for administering and operating the program;
(2) Has a program medical director who
assumes responsibility for the medical components of the program;
(3) Instruction will be provided by
instructors who hold a certificate to teach issued under section 4765.23 of the Revised Code that is appropriate
to the level of programs to be taught;
(4) Has sufficient classroom and
laboratory facilities to accommodate the number of participants in each
program;
(5) Requires that attendees at each
program complete a program evaluation form;
(6) Issues a certificate of completion to
each participant who completes the program.
(C) Each applicant who is issued a
certificate of approval to offer an EMS continuing education program shall
maintain records for each program that document the following:
(1) Date, time, location, and topic of
each program offered;
(2) Name and credentials of each
instructor participating in a program;
(3) List of participants who attended the
program;
(4) A summary of the assessment and
evaluation forms submitted for each program.
(D) Each application for a certificate of
approval shall be made on a form prescribed by the division and shall include,
at a minimum, the following information:
(1) The names of the program coordinator
and program medical director;
(2) The address of any sites at which it
intends to conduct programs;
(3) Documentation of compliance with the
requirements of this chapter.
(E) A certificate of approval issued
pursuant to section 4765.17 of the Revised
Code and this chapter shall be valid for three years.
(F) The division shall renew a
certificate of approval if the holder submits to the division not later than
ninety days prior to expiration of the current certificate of approval,
documentation of continued compliance with the requirements set forth in this
chapter as directed by the board.
(G) A certificate of approval that has
expired may be reinstated by the division, as directed by the board if both of
the following apply:
(1) Application for reinstatement is made
no later than ninety days after the certificate of approval expired;
(2) The division determines that the
application for reinstatement is in compliance with the requirements of section
4765.16 of the Revised Code and this chapter
as directed by the board.
(H) No fee shall be charged for an
application or renewal of a certificate of approval however the board may
annually establish a fee for reinstatement of a certificate of approval that
has expired.
HISTORY: Eff 1-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.15, 4765.16
119.032 rule
review date: January 25, 1999, January 25, 2004
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4765-7-10 Validity Of Current Certificates.
All certificates of accreditation to
operate emergency medical services training programs that were issued under
former section 3303.11 or 3303.23 of the Revised Code shall remain valid for
one year after the date on which they would otherwise expire. Any person who
wishes to operate an emergency medical services training program after such
date must comply with section 4765.17 of
the Revised Code and this chapter.
HISTORY: Eff 1-1-96; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.32
119.032 rule
review date: January 25, 1999, January 25, 2004
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4765-8-01 Qualifications For A Certificate To
Practice.
(A) The division, as directed by the
board, shall issue a certificate to practice as a first responder, EMT-basic,
EMT-intermediate, or EMT-paramedic to any applicant who satisfies the following
requirements:
(1) Possesses a certificate of completion
from an EMS program accredited by the board under section 4765.17 of the Revised Code and Chapter 4765-7 of the Administrative Code, that verifies
completion of an EMS training program at the level for which the certificate to
practice is sought;
(2) Is at least eighteen years of age;
(3) Has not been convicted, pled guilty
to, had a judicial finding of guilt for, or had a judicial finding of
eligibility for treatment in lieu of conviction for, any of the following:
(a) Any felony;
(b) A misdemeanor committed in the course
of practice;
(c) A misdemeanor involving moral
turpitude;
(d) A violation of any federal, state,
county, or municipal narcotics law;
(e) Any act committed in another state or
jurisdiction that, if committed in Ohio, would constitute a violation set forth
in this paragraph.
(4) Has not been adjudicated mentally
incompetent by a court of law;
(5) At the time of application, is not
under indictment for any felony or a misdemeanor as outlined in paragraph
(A)(3) of this rule;
(6) Does not engage in the illegal use of
controlled substances, alcohol, or other habit-forming drugs or chemical
substances while on duty as an emergency medical provider;
(7) Has not committed fraud or material
deception in applying for, or obtaining a certificate issued under Chapter
4765. of the Revised Code;
(8) Within twelve months prior to making
application with the board, has passed an examination administered by the board
in accordance with section 4765.29 of the Revised
Code at the level for which certification is sought.
HISTORY: Eff 1-1-96; 2-22-99; 4-29-00; 1-13-02;
3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.30
R.C. 119.032
review dates: 01/25/2004
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4765-8-02 Application For Certificate To Practice.
(A) An applicant for a certificate to practice
issued in accordance with section 4765.30
of the Revised Code and this chapter shall submit the following information on
forms prescribed by the division, as directed by the board:
(1) Full legal name, home address, and
home telephone number;
(2) Date of birth;
(3) Social security number;
(4) Current affiliations with emergency
medical services organizations or providers, if any;
(5) Level of practice for which certification
is sought;
(6) Documentation of compliance with the
standards set forth in section 4765.30
of the Revised Code and this chapter.
(B) The completed application form shall
be signed and dated by the applicant and program coordinator and shall include
an attestation by the applicant to both of the following:
(1) The information included is true and
accurate to the best of the applicant's knowledge and that the applicant
understands that a person who knowingly makes a false statement on an
application is guilty of falsification under section 2921.13 of the Revised
Code, a misdemeanor of the first degree;
(2) The applicant satisfies the
requirements for certification to practice at the level sought in the
application as they are set forth in section 4765.30
of the Revised Code and this chapter.
(C) There shall be no fee required for an
application for a certificate to practice.
HISTORY: Eff 1-1-96; 2-22-99; 3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.28
R.C. 119.032
review dates: 01/25/2004
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4765-8-03 Notification To Board.
The holder of a certificate to practice
issued pursuant to section 4765.30 of
the Revised Code and this chapter, shall provide written notice to the division
no later than thirty days following any changes in:
(A) Name or address;
(B) EMS organizations with which the
holder is employed and/or with which he is affiliated.
(C) EMS organizations where employment or
affiliation has been terminated.
HISTORY: Eff 1-1-96; 2-22-99; 3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.30
R.C. 119.032
review dates: 01/25/2004
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4765-8-04 Renewal Of Certificate To Practice.
(A) No later than sixty days prior to its
expiration, the division, as directed by the board, shall mail an application
for renewal to each person who has been issued a certificate to practice under
section 4765.30 of the Revised Code and
this chapter.
(1) The application for renewal shall
clearly indicate the date on which the current certificate expires and the fact
that the application must be received by the division prior to that date in
order to avoid a lapse in certification to practice.
(2) The application for renewal shall be
signed, dated, and shall contain an attestation to both of the following:
(a) The applicant has no conditions that
will prevent him from performing duties consistent with his certificate to
practice;
(b) The applicant satisfies the
requirements for certification to practice set forth in section 4765.30 of the Revised Code and this
chapter at the level sought in the renewal application.
(B) Except as provided in paragraph (E)
of this rule, the division, as directed by the board, shall renew a certificate
to practice if all of the following apply:
(1) A completed application for renewal
is received prior to the expiration date of the current certificate;
(2) The application demonstrates that the
applicant meets the standards for certification to practice set forth in
section 4765.16 of the Revised Code and this
chapter at the level for which renewal is sought, and has not been convicted
of, pled guilty to, had a judicial finding of guilt for, or had a judicial
finding of eligibility for treatment and/or intervention in lieu of conviction
for any of the following:
(a) Any felony;
(b) A misdemeanor committed in the course
of practice;
(c) A misdemeanor involving moral
turpitude;
(d) A violation of any federal, state,
county, or municipal narcotics law;
(e) Any act committed in another state
that, if committed in Ohio, would constitute a violation set forth in this
paragraph.
(3) The application demonstrates that the
applicant has not:
(a) Been adjudicated mentally incompetent
by a court of law;
(b) Performed a service or services that
exceeded the scope of a certificate to practice as defined in Chapter 4765. of
the Revised Code and Chapters 4765-1 to 4765-19 of the Administrative Code;
(c) Failed to conform to minimal
standards of care of EMTs under similar circumstances;
(d) Been unable to practice according to
acceptable and prevailing standards of care by reason of mental illness,
physical illness, or habitual or excessive use or abuse of drugs, alcohol, or
other substances that impair ability to practice;
(e) Violated any of the standards of
conduct established pursuant to section 4765.11 of
the Revised Code.
(f) Violated any of the conditions of a
consent agreement or an order issued by the board.
(4) The application includes
documentation of either of the following:
(a) Completion of continuing education
requirements as provided under section 4765.24
of the Revised Code and this chapter;
(b) A passing score on an examination
approved by the board pursuant to section 4765.10
of the Revised Code to demonstrate competence to have a certificate of practice
renewed without completing an EMS continuing education program.
(C) An applicant for renewal must
maintain records relating to the requirement set forth in paragraph (B)(4) of
this rule for the current and previous certification cycle, which records are
subject to audit by the division, as directed by the board.
(D) There shall be no fee required for an
application for renewal of a certificate to practice.
(E) In addition to the requirements set
forth in paragraph (B)(4) of this rule, if an applicant for renewal holds a
certificate to practice as an EMT-basic or EMT-intermediate that was issued
pursuant to rule 4765-8-01 of the Administrative Code,
the board shall condition the first renewal of such certificate under section 4765.30 of the Revised Code on
documentation of completion of the bridge course program set forth in rule 4765-15-02 of the Administrative Code.
(F) A renewed certificate to practice
does not become effective until the expiration date of the current certificate.
(G) If an applicant fails to meet the
requirements for renewal of a certificate to practice at the level of
certification he currently holds, the board may issue a certificate to practice
at a lower level for which the applicant demonstrates compliance with the
requirements for certification.
HISTORY: Eff 1-1-96; 10-11-96 (Emer.); 5-19-97;
7-31-97; 2-22-99; 1-13-02; 3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.30
R.C. 119.032
review dates: 01/25/2004
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4765-8-15 Certification By Reciprocity.
(A) For purposes of granting reciprocity,
the board may review and approve
(B) An applicant for a certificate to
practice issued under section 4765.30 of
the Revised Code and this chapter who holds an EMS certificate or license from
another state, the district of Columbia, United States territory, or foreign
country identified by the board as qualifying for reciprocity under this
chapter, shall be issued a certificate to practice provided that the applicant
submits appropriate documentation of a valid EMS certificate or license.
(C) An applicant for a certificate to
practice issued under section 4765.30 of
the Revised Code and this chapter who holds an EMS certificate or license from
another state, the district of Columbia, United States territory, or foreign
country for which the board has not granted reciprocity under this chapter,
shall submit with his application, documentation that the curriculum and
certification standards are substantially similar to those set forth in Chapter
4765. of the Revised Code and Chapters 4765-1 to 4765-19 of the Administrative
Code.
(1) The board shall review the
information submitted to determine whether the standards under which the
applicant received his license or certificate are substantially similar to
justify certification by reciprocity.
(2) If the board identifies areas of
deficiency in the curriculum or certification standards, it may require that
the applicant correct such deficiencies prior to issuing a certificate to
practice.
(D) An applicant for a certificate to
practice issued under section 4765.30 of
the Revised Code and this chapter who is or was a member of the United States
armed services or department and who received their EMS training in the United
States military, or who is a citizen of another country, may apply for
certification by reciprocity if the applicant provides documentation of current
certification by the national registry of emergency medical technicians.
(E) Prior to being issued a certificate
to practice, all applicants seeking certification by reciprocity shall have
passed an examination administered by the board in accordance with section 4765.29 of the Revised Code at the level for which
certification is sought.
HISTORY: Eff 1-1-96; 2-22-99; 3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.30
R.C. 119.032
review dates: 01/25/2004
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4765-8-16 Fees For Certification.
Except as otherwise provided in this
chapter, the board shall not charge a fee for an application for a certificate
to practice or certificate to teach, or for renewal of a certificate to
practice or certificate to teach.
HISTORY: Eff 1-1-95
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.28
119.032
Review Date: 9-27-02; 9-27-07
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4765-8-17 Voluntary Change In Level Of Certificate To
Practice.
(A) If a holder of a certificate to
practice voluntarily surrenders his certificate by submitting it to the
department of public safety, division of EMS, the board will consider this
action a voluntary revocation of the certificate to practice.
(B) No person shall hold a certificate to
practice at more than one level.
(C) An applicant may drop back to a lower
level of certification during a certification cycle or at the time of renewal.
(1)
If an applicant drops back during a certification cycle, the original
certificate shall become invalid upon the issuance date of the new certificate
to practice. The new certificate to practice shall have the same expiration
date as that of the original certificate.
(2) A request to drop back during a
certification cycle must be in writing, notarized, and submitted to the
department of public safety, division of EMS.
(3) If an applicant drops back at the
time of renewal, the new certificate to practice shall become effective upon
the expiration date of the original certificate. The new certificate to
practice shall have an expiration date of three years.
(D) If an applicant who dropped back
wishes to reinstate at a higher level previously held during a certification
cycle, the applicant must meet the requirements set forth in rule 4765-8-18 of the Administrative Code.
(1) The applicant's certificate to
practice at a lower level shall become invalid upon the issuance date of the
certificate to practice at a higher level. The new certificate to practice
shall have an expiration date of three years.
HISTORY: Eff 1-13-02; 3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.30
R.C. 119.032
review dates: 01/25/2004
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4765-8-18 Reinstatement Of Certificate To
Practice.
(A) A certificate to practice will lapse
on the ninetieth day after its expiration date if the applicant fails to either
renew such certificate or request an extension, as provided in section 4765.31
of the Revised Code.
(B) The division, as directed by the
board, may reinstate a certificate to practice that has been expired or invalid
for no more than three years if all of the following apply:
(1) The applicant submits a completed
application;
(2) The applicant completes the
examination administered by the board in accordance with section 4765.29 of the
Revised Code and obtains a passing score within three attempts;
(a) If an applicant is unable to pass the
reinstatement examination within three attempts, the applicant must complete a
new course of instruction and meet all criteria for a certificate to practice.
(3) The applicant meets all
qualifications for a certificate to practice as outlined in rule 4765-8-01 of the Administrative Code;
(4) The applicant previously held a
certificate to practice issued under section 4765.30
of the Revised Code for the level of certification sought, and such certificate
was in good standing at the time the certificate holder allowed the certificate
to lapse.
(5) The course of training completed by
the applicant is significantly similar to the current curriculum requirements
for the level of certification sought;
(a) If such training is not significantly
similar to the current curriculum, the applicant must complete additional
course work in the areas of deficiency through an institution accredited by the
board pursuant to rule 4765-7-02 of the Administrative
Code.
(C) The division, as directed by the
board, may reinstate a certificate to practice that has been expired or invalid
for more than three years but less than six years if the applicant, in addition
to meeting all other requirements for reinstatement, completes one of the
following refresher training courses:
(1) At the first responder level, must
complete a first responder refresher course as outlined in rule 4765-12-03 of
the Administrative Code.
(a) Such course must be taught at an
institution accredited by the board pursuant to rule 4765-7-02
of the Administrative Code.
(b) Such course must include written and
practical testing, administered by the accredited institution.
(c) The practical exam shall meet the
same standards as the practical portion of the state certifying examination.
(2) At the EMT-basic level, must complete
an EMT-basic refresher course as outlined in paragraph (B) of rule 4765-15-01 of the Administrative Code.
(a) Such course must be taught at an
institution accredited by the board pursuant to rule 4765-7-02
of the Administrative Code.
(b) Such course must include written and
practical testing, administered by the accredited institution.
(c)
The practical exam shall meet the same standards as the practical portion of
the state certifying examination.
(3) At the EMT-intermediate level, must
complete an EMT-intermediate refresher course as outlined in paragraph (D) of
rule 4765-16-01 of the Administrative Code.
(a) Such course must be taught at an
institution accredited by the board pursuant to rule 4765-7-02
of the Administrative Code.
(b) Such course must include written and
practical testing, administered by the accredited institution.
(c) The practical exam shall meet the
same standards as the practical portion of the state certifying examination.
(4) At the EMT-paramedic level, must
complete an EMT-paramedic refresher course as outlined in paragraph (C) of rule
4765-17-01 of the Administrative Code.
(a) Such course must be taught at an
institution accredited by the board pursuant to rule 4765-7-02
of the Administrative Code.
(b) Such course must include written and
practical testing, administered by the accredited institution.
(c) The practical exam shall meet the
same standards as the practical portion of the state certifying examination.
(d) The applicant must also complete
twelve hours of training in cardiac care and sixteen hours of training in
trauma care.
(5) If an acceptable refresher course, as
listed in paragraphs (C)(1), (C)(2), (C)(3), and (C)(4) of this rule, is not
available, the board may approve an equivalent course of instruction to be
completed by the applicant. The applicant will be required to complete written
and practical testing, administered by an institution accredited by the board
pursuant to rule 4765-7-02 of the Administrative Code.
(D) If a certificate to practice has been
expired or invalid for more than six years, the applicant must complete a new
course of instruction and meet all qualifications for a certificate to practice
as provided in rule 4765-8-01 of the Administrative
Code.
(E) An applicant must meet all
requirements for eligibility prior to taking any examination.
(F) An applicant who qualifies for
reinstatement is eligible to be reinstated at any level at or below the level
previously held by such applicant.
HISTORY: Eff 1-13-02; 3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.30
R.C. 119.032
review dates: 01/25/2004
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4765-9-01 Ethical Standards Of Conduct.
(A) A person issued a certificate to
practice shall provide professional services that conform to minimal standards
of care for their certification level under similar circumstances.
(B) When providing professional services,
a person issued a certificate to practice shall exhibit respect for the medical
needs and personal values of EMS patients and other certificate to practice
holders, medical, or health care practitioners.
(C) A person issued a certificate to
practice shall not discriminate in the provision of EMS on the basis of race,
color, religion, sex, or national origin.
(D) A person issued a certificate to
practice shall provide medically appropriate evaluation, treatment, and
disposition of each EMS patient in accordance with Chapter 4765. of the Revised
Code, Chapters 4765-1 to 4765-19 of the Administrative Code, and the medical
protocols of the EMS organization by which he is employed or with which he is
affiliated.
(E) A person issued a certificate to
practice shall not perform any services that exceed the scope of his
certificate to practice shall not perform any services that exceed the and
rules set forth in Chapters 4765-1 to 4765-19 of the Administrative Code.
(F) A person issued a certificate to
practice shall not misrepresent his professional qualifications or credentials.
(G) A person issued a certificate to
practice shall report to the medical director of an EMS organization by which
he is employed or with which he is affiliated, any suspicion or knowledge of a
violation of this chapter or the failure of any certificate to practice holder
to conform to minimal standards of care.
(H) A person issued a certificate to
practice shall consistently demonstrate a standard of knowledge and competency
that meets or the minimal level required under his certificate to practice.
(I) A person issued a certificate to
practice shall accurately document and at the request of the division report,
all continuing education programs he completes.
(J) Except as otherwise required by law,
a person issued a certificate to practice shall maintain the confidentiality of
patient information.
(K) A person issued a certificate to
practice shall not release or provide a medical report or any supporting
documentation, or otherwise disclose the contents of a medical report to anyone
other than those authorized by law to receive them.
HISTORY: Eff 1-1-96; 2-22-99; 3-23-03 Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11 Rule amplifies: RC 4765.30 R.C.
119.032 review dates: 01/25/2004
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4765-9-02 Ethical Standards Of Conduct For Holders Of
Certificate To Teach.
(A) An individual issued a certificate to
teach shall provide services that conform to standards of other persons issued
a certificate to teach under other similar circumstances.
(B) An individual issued a certificate to
teach shall not discriminate in the provision of EMS training on the basis of
race, color, religion, sex, or national origin.
(C) An individual issued a certificate to
teach shall provide instruction in accordance with Chapter 4765. of the Revised
Code, Chapter 4765-1 to 4765-19 of the Administrative Code for the EMS training
program by which he is employed or with which he is affiliated.
(D) An individual issued a certificate to
teach shall not perform any services that exceed the scope of his certificate
to teach as defined in Chapter 4765. of the Revised Code and rules set forth in
Chapters 4765-1 to 4765-19 of the Administrative Code.
(E) An individual issued a certificate to
teach shall not misrepresent his professional qualifications or credentials.
(F) An individual issued a certificate to
teach shall report to the division any suspicion or knowledge of a violation of
this chapter or the failure of any EMS training program to conform to Chapter
4765. of the Revised Code and rules set forth in Chapters 4765-1 to 4765-19 of
the Administrative Code.
(G) An individual issued a certificate to
teach shall not commit fraud in conducting of an EMS training program or in the
obtaining of any certificate to practice or teach.
(H) An individual issued a certificate to
teach shall consistently demonstrate a standard of knowledge and competency
that meets the minimal level required under his certificate to teach.
HISTORY: Eff 2-22-99; 3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.23
R.C. 119.032
review dates: 01/25/2004
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4765-10-01 Complaint Procedure.
(A) Each EMS organization is encouraged to
establish an internal procedure for handling complaints relating to the
provision of EMS services by the organization, its employees, or other persons
affiliated with the organization. The internal procedure should provide for the
following:
(1) A single individual designated to
receive and review complaints;
(2) If the complaint is made against an
individual, adequate notice to the individual regarding the specifics of the
complaint and adequate opportunity for the individual to respond;
(3) An arbitration or dispute resolution
proceeding among the affected parties within thirty days following receipt of
the complaint;
(4) Referral of all complaints relating
to alleged violations of Chapter 4765. of the Revised Code or Chapters 4765-2
to 4765-19 of the Administrative Code directly to the division.
(B) All complaints received by the division
shall be reviewed by the administrator, who shall recommend what action should
be taken.
(1) If the administrator determines that
further investigation is warranted it shall proceed in accordance with this
chapter.
(2) After the investigation, if the board
determines that a disciplinary action should be commenced against the holder of
a certificate issued under Chapter 4765. of the Revised Code, it shall proceed
in accordance with this chapter.
(3) If the board determines that no
further action on a complaint is warranted, it shall so advise all affected
parties.
HISTORY: Eff 1-1-96; 2-22-99; 3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.10
R.C. 119.032
review dates: 01/25/2004
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4765-10-02 Investigations By The Board.
(A) The division shall review all
complaints received under this chapter as well as any evidence that appears to
show that any person has violated any provision of Chapter 4765. of the Revised
Code or Chapters 4765-1 to 4765-19 of the Administrative Code.
(1) Any person may report to the division
in a signed writing any information that the person may have that appears to
show a violation of any provision of Chapter 4765. of the Revised Code or
Chapters 4765-1 to 4765-19 of the Administrative Code.
(2) The division shall record and assign
a number or similar identifier to each complaint or allegation of a violation
it receives.
(3) When the division receives a
complaint or allegation of violation it may notify all of the following:
(a) The person who is the subject of the
complaint or allegation;
(b) The medical director of any EMS
organization by which the subject of the complaint or allegation is employed or
with which he is affiliated;
(c) Any EMS organization by which the
subject of the complaint or allegation is employed or with which he is
affiliated;
(d) The appropriate regional medical
director or regional physician advisory board.
(B) Investigations of alleged violations
of Chapter 4765. of the Revised Code and Chapters 4765-1 to 4765-19 of the
Administrative Code shall be supervised by administrator.
(1) No member of the board who
participates in an investigation shall participate in any further adjudication
of the case.
(2) The division shall conduct all
investigations in such a manner as to protect patient confidentiality.
(C) Based upon the findings of an
investigation conducted in accordance with this chapter, the board may initiate
disciplinary proceedings in accordance with Chapter 119. of the Revised Code
and this chapter.
HISTORY: Eff 1-1-96; 2-22-99; 3-23-03
Rule promulgated
under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.10
R.C. 119.032
review dates: 01/25/2004
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4765-10-03 Administrative Actions.
(A) The board, pursuant to an adjudicatory
hearing under Chapter 119. of the Revised Code, and by a vote of the majority
of all members, may suspend, revoke, refuse to grant, limit, or refuse to renew
a certificate issued by the board, issue a written reprimand, or impose a fine
not to exceed one thousand dollars if it determines that the person committed
fraud in passing the examination or committed fraud, misrepresentation, or
deception in applying for or securing any certificate issued by the board.
(B) The board, pursuant to an
adjudicatory hearing under Chapter 119. of the Revised Code, and by a vote of
the majority of all members, may suspend, revoke, refuse to grant, limit, or
refuse to renew a certificate issued by the board, impose a fine not to exceed
one thousand dollars, or issue a written reprimand if it finds any of the
following:
(1) A violation of any provision of
Chapter 4765. of the Revised Code or Chapters 4765-1 to 4765-19 of the
Administrative Code;
(2) Conviction of, pled guilty to, had a
judicial finding of guilt for, or had a judicial finding of eligibility for
treatment and/or intervention in lieu of conviction for:
(a) Any felony;
(b) A misdemeanor committed in the course
of practice;
(c) A misdemeanor involving moral
turpitude;
(d) Violation of any federal, state,
county, or municipal narcotics law;
(e) Any act committed in another state or
jurisdiction that, if committed in Ohio, would constitute a violation set forth
in this paragraph.
(3) Adjudication of mental incompetence
by a court of law;
(4) Performance of a service or services
that exceed the scope of a certificate to practice as defined in Chapter 4765.
of the Revised Code and Chapters 4765-1 to 4765-19 of the Administrative Code;
(5) Failure to conform to minimal
standards of care of EMTs under similar circumstances;
(6) Inability to practice according to
acceptable and prevailing standards of care by reason of mental illness,
physical illness, or habitual or excessive use or abuse of drugs, alcohol, or
other substances that impair ability to practice;
(7) Any violation of the standards of
conduct established pursuant to section 4765.11 of
the Revised Code.
(8) Any violation of any conditions of a
consent agreement or an order issued by the board.
(C) A certificate that has been
suspended, limited, or revoked may be reinstated by the vote of the majority of
all of the board. In voting to reinstate a certificate, the board may impose
such limitations or conditions on the reinstatement as it deems necessary or
appropriate.
HISTORY: Eff 1-1-96; 2-22-99; 6-29-01; 1-13-02;
3-23-03; 3-27-04
Rule
promulgated under: RC 119.03
Rule authorized
by: RC 4765.11
Rule
amplifies: RC 4765.33
RC 119.032
review dates:
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4765-10-05 Report Of Administrative Actions.
(A) When the board takes action to
discipline, suspend, revoke, limit, fail to renew, or fail to issue a
certificate in accordance with this chapter, it shall so advise:
(1) The person against whom such action
is taken;
(2) Any other state or public agencies
for whom such notice is appropriate;
(3) The appropriate regional medical
director or regional physician advisory board;
(4) The medical director of any EMS
organizations by whom the person is employed, or with which he is affiliated;
(5) Any EMS organizations by whom the
person is employed or with whom he is affiliated.
(B) All administrative actions that
result in discipline, suspension, revocation, or limitation of certification
shall be published in the division of EMS newsletter.
(C) The division shall compile on an
annual basis a report on complaints received, investigations conducted, and
administrative actions taken.
HISTORY: Eff 1-1-96; 2-22-99; 3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.33
R.C. 119.032
review dates: 01/25/2004
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4765-10-06 Medical Director.
Nothing in this chapter shall be construed
as restricting or otherwise limiting the right of a physician who serves as the
medical director for any EMS organization to determine those first responders
or EMTs whom the medical director will allow to provide emergency medical
services under the auspices of the medical director's certificate to practice
medicine and surgery, or osteopathic medicine and surgery, issued under Chapter
4731. of the Revised Code. The medical director, however, shall not authorize
first responders or EMTs to provide emergency medical services beyond the scope
of their certificates to practice.
HISTORY: Eff 1-1-96; 4-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.11
R.C. 119.032
review dates: 2/11/2002 and 01/25/2004
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to go back to the OAC Table of Contents
As used in this chapter:
(A) "Executive director" means
the individual appointed by the director of public safety,
pursuant to section 4765.03
of the Revised Code, to serve as the chief executive officer of the board of
emergency medical services and as the executive director of the division of
emergency medical services.
(B) "Assistant instructor"
means an individual qualified by evidence of competency or special expertise,
who assists in the instruction of students in a chartered program under the
supervision of a certified instructor and with the approval of the program
director.
(C) "Basic fire training" means
the minimum training standards for service as a firefighter or fire safety
inspector that are established in accordance with section 4765.55 of the Revised Code and this chapter.
(D) "Certification" means the
process by which the executive director issues a certificate
to each person who meets the
qualifications set forth in section 4765.55 of the Revised
Code and this chapter for a firefighter, fire safety inspector, or certified instructor.
(E) "Certified instructor"
means an individual who satisfies the standards established in
accordance with section 4765.55 of the Revised Code and this chapter,
qualifying him to instruct students in chartered programs.
(F) "Chartering" means the
process by which the executive director, with the advice and counsel of the
committee, evaluates firefighter and fire safety inspector training programs
and determines that they meet the minimum standards established pursuant to
section 4765.55 of the Revised Code and this
chapter.
(G) "Chartered program" means
any fire service training program that has been issued a charter in accordance
with section 4765.55 of the Revised Code and this
chapter.
(H) "Committee" means the
firefighter and fire safety inspector training committee of the state board of
emergency medical services created in section 4765.55
of the Revised Code.
(I) "Fire chief" means the head
of a fire department who is responsible for assuring that each firefighter who
works for that department, whether on a volunteer or paid part-time or
full-time basis, has completed basic fire training.
(J) "Fire safety inspector"
means an individual who holds a certificate issued under section 3737.34 of the
Revised Code, or who is authorized to issue citations under sections 3737.41
and 3737.42 of the Revised Code.
(K) "Full-time firefighter"
means an individual who receives an appointment as a permanent, full-time
firefighter under sections 505.38, 737.08, or 737.22 of the Revised Code.
(L) "NFPA" means the national
fire protection association.
(M) "NFPA standard 1001" means
the minimum requirements, in terms of performance objectives, of professional
competence required for service as a firefighter as set forth for each level of
responsibility in the NFPA 1001 Standard for Fire Fighter Professional
Qualifications (2002 edition), which is available at www.nfpa.org.
(N) "NFPA standard 1031" means
the minimum requirements, in terms of performance
objectives, of professional competence
required for service as a fire safety inspector as set forth for each level of
responsibility in the NFPA 1031 Standard for Professional Qualifications for
Fire Inspector and Plan Examiner (1998 edition), which is available at
www.nfpa.org.
(O) "NFPA standard 1403" means
the standard for participating in live fire training evolutions as set forth in
the NFPA 1403 Standard on Live Fire Training Evolutions (2002 edition), which
is available at www.nfpa.org.
(P) "Program director" means
the person who is generally responsible for the administration and operation of
a fire service training program.
(Q) "Volunteer firefighter"
means a person who provides fire fighting services on less than a full-time
basis and who is not routinely scheduled to be present on-site at a fire
station or other specified location for purposes of responding to a fire or
other emergency, but instead responds from home, place of employment, or other unspecified
location.
Effective: 09/30/2004
R.C. 119.032 review
dates: 07/15/2004 and 09/29/2009
CERTIFIED ELECTRONICALLY
Certification
09/20/2004
Date
Promulgated Under: 119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
6/30/75, 5/1/79, 1/1/89,
1/1/96, 9/25/00, 5/29/03
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4765-11-03 Chartering Of Training Programs.
(A) To receive a charter pursuant to
section 4765.55 of the Revised Code and this
chapter
as a chartered fire service training
program, an applicant or a training program shall meet or exceed the following
requirements:
(1) Has a program director who assumes
general responsibility for the following:
(a) Administration and operation of the
training program;
(b) Compliance with all rules and laws
applicable to fire training;
(c) Ongoing review and evaluation of the
program content, instructors, and student performance;
(d) Assignment of faculty
responsibilities and scheduling of program courses;
(e) Preparation or approval of all
documents required to be submitted for chartering;
(f) Assuring the adequacy of the
curriculum and all program training materials;
(g) Assuring the integrity and security
of testing materials.
(2) Offers sufficient courses to satisfy
the curriculum requirements for firefighters and fire safety inspectors as set
forth in this chapter;
(3) Has established an advisory committee
that meets not less than two times each year and includes among its members the
program director, fire chiefs, assistant and certified instructors, and
firefighters;
(4) Has written agreements allowing for
the use of equipment and other apparatus that meet minimum safety standards
established by the executive director, with the advice and counsel of the
committee, and that are necessary to meet the performance objectives for levels
one and two of NFPA standards standard 1001 as set forth in the NFPA 1001
Standard for Fire
Fighter Professional Qualifications (2002
edition), which is available at www.nfpa.org;
(5) Has a sufficient number of certified
instructors and assistant instructors to assure that the ratio of students to
instructors does not exceed five to one during all practical skills instruction
and testing;
(6) Possesses, or has access to,
equipment and supplies that are comprehensive, current, and sufficient for the
number of students and instructors participating in the program;
(7) Has sufficient classroom and
laboratory facilities to accommodate the number of students participating in
the program;
(8) Requires each student enrolled in a
firefighter training program to have course materials that meet NFPA standard
1001 as set forth in the NFPA 1001 Standard for Fire Fighter Professional
Qualifications (2002 edition), which is available at www.nfpa.org;
(9) Requires each student enrolled in a
fire safety inspector training program to have course materials that meet NFPA
standard 1031 as set forth in the NFPA 1031 Standard for Professional
Qualifications for Fire Inspector and Plan Examiner (1998 edition), which is
available at
www.nfpa.org;
(10) Has a library available to students
and faculty that contains comprehensive, current publications relating to fire
services and that includes the minimum curriculum for firefighter and fire
safety inspector programs as established under section 4765.55
of the Revised Code and this chapter;
(11) Provides classroom environments that
are conducive to learning;
(12) Has an established office area for
use by program instructors;
(13) Provides regular evaluations of
student performance and achievement throughout the course of the program
including performance objective check-off sheets;
(14) Requires that each student pass, one
or more written and practical examinations that test knowledge, understanding,
and ability to provide firefighter services, including passing, in not more
than three attempts, a written final examination approved by the executive
director and the
committee;
(15) Issues a certificate of completion
to each student who successfully completes the training program, passes all
examinations administered by the program, and is eighteen years of age;
(16) Admits only those individuals who
satisfy the following requirements:
(a) Are at least eighteen years of age
and are not attending high school, except that a fire service training program
may admit a student who is seventeen years old provided that the student is
enrolled in the twelfth or final grade in a secondary school program;
(b) Have not been convicted of, pled
guilty to, or had a judicial finding of guilt for any of the following:
(i) Fraud or material deception in
applying for, or obtaining, a certificate issued in accordance with this
chapter;
(ii) A felony;
(iii) A misdemeanor involving moral
turpitude;
(iv) A violation of any federal, state,
county, or municipal narcotics law;
(v) Any act committed in another state,
that, if committed in Ohio, would constitute a violation set forth in this
paragraph;
(17) In addition to the requirements of
paragraph (A)(16) of this rule, the admission requirements for a fire safety
inspector training program shall include the following:
(a) The applicant is employed by one of
the following:
(i) The office of the state fire marshal;
(ii) A firefighting agency as defined in
division (A)(3) of section 9.60 of the Revised Code;
(iii) A private fire company as defined
in division (A)(5) of section 9.60 of the Revised Code that is providing fire
protection in accordance with division (B), (C), or (D) of section 9.60 of the
Revised Code;
(b) The applicant submits a letter of
recommendation from an employer referenced in paragraph (A)(17)(a) of this
rule;
(c) The applicant holds a current fire
firefighter certificate issued under section 4765.55
or former section 3303.07 of the Revised Code.
(18) Conditions admission to programs at
levels beyond basic fire training upon the applicant's satisfactory completion
of all lower level prerequisite programs;
(19) Has a written policy prohibiting
discrimination in acceptance of students on the basis of race, color, religion,
sex, or national origin;
(20) Has written policies approved by its
advisory committee that are made available to students identifying all of the
following:
(a) Methodology used in determining
grades;
(b) Criteria for successful completion of
each component of the curriculum;
(c) Criteria for successful completion of
the full training program;
(d) Grounds for dismissal from the
program;
(e) Disciplinary and grievance procedures
including mechanism for appeals;
(f) Procedures for voluntary student
withdrawals from the program;
(g) Policy regarding refund of tuition
payments;
(h) Admission requirements;
(i) Requirements or restrictions
regarding student attire;
(j) Costs associated with the training
program, including tuition, materials, and fees;
(k) Information regarding course
schedules, content, and objectives;
(21) Has a written policy to ensure that
students are not assigned emergency response duties during scheduled classroom
or practical training;
(22) Requires that all certified
instructors meet minimum qualifications as set forth in rule 4765-11-08
of the Administrative Code.
(B) Any chartered program, or applicant
for a charter under section 4765.55 of the Revised
Code and this chapter, shall comply with the following:
(1) Allow access by the division of
emergency medical services to students' fire service training records to verify
successful completion of all certification requirements and all fire instructor
records to verify compliance with rule 4765-11-08 of
the Administrative Code;
(2) Allow the division of emergency
medical services to review program materials and monitor the testing process
utilized by the program;
(3) Require attendance in all fire
training courses. Any absences from a scheduled class shall be made up in a
manner approved by the program director;
(4) Allow site inspection by the
division;
(5) The certified instructor will be
responsible for keeping accurate attendance records for each course. Following
the completion of each course, the certified instructor shall give such records
to the program director, who then assumes responsibility for maintaining the
records in a manner acceptable to the executive director.
(6) Insure that any person instructing
students in a program is currently certified at a level equal to, or higher
than, the level of the program he is instructing, or is otherwise qualified to
instruct the program.
(C) Notwithstanding any other provisions
of this chapter, the admission criteria for programs established in accordance
with sections 3313.90 to 3313.99 of the Revised Code shall be those set forth
by the state board of education.
(D) A charter issued under section 4765.55 of the Revised Code and this chapter shall be valid
for three years and may be renewed according to guidelines established in rule 4765-11-05 of the Administrative Code.
Replaces: Part of former
4765-11-14
Effective: 09/30/2004
R.C. 119.032 review
dates: 07/15/2004 and 09/29/2009
CERTIFIED ELECTRONICALLY
Certification
09/20/2004
Date
Promulgated Under: 119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
5/1/75, 6/30/75, 1/1/89,
1/1/96, 7/3/97, 9/25/00,
6/19/03, 11/27/03
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4765-11-04 Application For Charter.
(A) An applicant for a charter for fire
service training, issued pursuant to section 4765.55
of the Revised Code and this chapter,
shall submit a completed application on a form prescribed by the executive
director.
(B) There shall be no fee for an
application issued under this chapter.
Replaces: Former
4765-11-04
Effective: 09/30/2004
R.C. 119.032 review
dates: 09/29/2009
CERTIFIED ELECTRONICALLY
Certification
09/20/2004
Date
Promulgated Under: 119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
6/27/00, 7/31/04
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4765-11-05 Renewal Of Charter.
(A) No later than one hundred eighty days
prior to its expiration, the executive director
shall mail an application for renewal to
each program that holds a charter under section 4765.55
of the Revised Code and this chapter.
(B) The application for renewal shall
clearly indicate that it must be completed and returned to the executive
director no later than ninety days prior to the expiration of the current
charter.
(C) The charter shall be renewed if the
executive director determines the program remains in compliance with the
requirements set forth in section 4765.55 of the Revised
Code and this chapter.
Replaces: Former
4765-11-05
Effective: 09/30/2004
R.C. 119.032 review
dates: 09/29/2009
CERTIFIED ELECTRONICALLY
Certification
09/20/2004
Date
Promulgated Under: 119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
1/1/96, 9/25/00, 5/29/03
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OAC Table of Contents
4765-11-06 Notification To Executive Director.
A program that has been issued a charter
under section 4765.55 of the Revised Code and this
chapter shall provide written notice to the executive director no later than
ten days after a change in any of the following changes:
(A) Physical facilities;
(B) Program director;
(C) Curriculum;
(D) Agreements for use of equipment or
apparatus.
Effective: 09/30/2004
R.C. 119.032 review
dates: 07/15/2004 and 09/29/2009
CERTIFIED ELECTRONICALLY
Certification
09/20/2004
Date
Promulgated Under: 119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
6/27/00, 7/31/04
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4765-11-07 Revocation of a Charter.
(A) The executive director, with the
advice and counsel of the committee, may suspend or revoke a charter issued
under section 4765.55 of the Revised Code and this chapter
for any of the following:
(1) Failure to meet the minimum standards
for chartering set forth in this chapter;
(2) Violation of any provision of Chapter
4765 of the Revised Code or this chapter;
(3) Furnishing false, misleading, or
incomplete information to the executive director;
(4) Presentation to prospective students
of misleading, false, or fraudulent information relating to any programs,
employment opportunities, or opportunities for enrollment in accredited
institutions of higher education after entering or completing courses offered
by the program;
(5) Failure to maintain premises and
equipment in a safe condition;
(6) Failure to maintain financial
resources sufficient for the continued operation of the program in the manner
set forth in the application for charter;
(7) Discrimination in the acceptance of
students on the basis of race, color, religion, sex, or national origin .
(B) A program whose charter has been
suspended may not conduct, offer, or promote its program during the period for
which the charter is suspended.
(C) A program whose charter has been
revoked may not apply for reinstatement prior to the date upon which the
charter would otherwise have expired.
Replaces: Former
4765-11-07
Effective: 09/30/2004
R.C. 119.032 review
dates: 09/29/2009
CERTIFIED ELECTRONICALLY
Certification
09/20/2004
Date
Promulgated Under: 119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
6/30/75, 5/1/79, 1/1/89,
1/1/96, 9/25/00, 5/29/03
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OAC Table of Contents
4765-11-08 Qualifications for Instructors.
(A) A certificate as a firefighter
instructor or as a fire safety inspector instructor shall be issued to any
individual who satisfies the following minimum qualifications:
(1) Meets the admission requirements set
forth in paragraphs (A)(16) to (A)(17) of rule 4765-11-03
of the Administrative Code;
(2) Not less than five years of work
experience as a firefighter or fire safety inspector, including the three years
immediately prior to submission of an application for certification as an
instructor;
(3) Successful completion of an
instructor training program approved by the executive director;
(4) Successful completion of a techniques
examination approved or administered by the executive director and the
subcommittee within three attempts.
(B) In addition to the requirements set
forth in paragraph (A) of this rule, a certified instructor, a firefighter
instructor, or fire safety inspector instructor shall demonstrate compliance
with the following continuing education requirements every two years after
completing their first year
as an instructor:
(1) Not less than six hours of
instructional continuing education as approved by the executive director;
(2) Attendance at all fire or fire safety
inspector instructor update meetings conducted by the chartered program or the
division;
(3) Have taught in at least sixteen hours
of fire instruction in a program that holds a charter issued under section 4765.55 of the Revised Code courses approved by the
fire chief.
(C) Any person who serves as an assistant
instructor in a firefighter or fire safety inspector training program shall
meet the following minimum qualifications:
(1) Have not less than three years
experience or training in a related area determined acceptable by the executive
director, with the advice and counsel of the committee;
(2) Demonstrate competency or special
expertise in an area of fire service training as determined by the certified
instructor who has supervised or had an opportunity to assess the person's
competency;
(3) Have recommendations from the program
director of a fire service training program chartered under section 4765.55 of the Revised Code and this chapter and a
certified instructor who has worked with the person.
(D) In addition to the requirements set
forth in paragraphs (A), (B), and (C) of this rule, a
chartered program may require an instructor
or assistant instructor to possess current teaching certification in the area
of fire service training issued by the state board of education under section
3319.281 of the Revised Code.
(E) Certified instructors shall reinstate
their instructor certificates in a manner prescribed
by the executive director.
(F) Fire instructor trainer applicants
and EMS instructors seeking fire instructor status must meet entrance criteria
as prescribed by the executive director.
Effective: 09/30/2004
R.C. 119.032 review
dates: 07/15/2004 and 09/29/2009
CERTIFIED ELECTRONICALLY
Certification
09/20/2004
Date
Promulgated Under: 119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
6/30/75, 5/1/79, 1/1/89,
1/1/96, 9/25/00, 5/29/03
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4765-11-10 Volunteer Firefighters.
(A) A program to train volunteer
firefighters shall require that participants successfully
complete a fire training program of not
more than thirty-six hours that meets the prerequisites to participate in live
burn evolutions as listed in the NFPA 1403 Standard on Live Fire Training
Evolutions (2002 edition), which is available at www.nfpa.org, and fire
department orientation as listed in NFPA 1001 Standard for Fire Fighter
Professional Qualifications (2002 edition), which is available at www.nfpa.org.
The training shall commence and end within a consecutive twelve-month period.
(B) A program to train volunteer
firefighters shall not include live burn evolutions. Participants in a program
to train volunteer firefighters shall be instructed that they cannot perform
the duties of a firefighter or participate in live burn evolutions prior to
obtaining their state certification.
Effective: 09/30/2004
R.C. 119.032 review
dates: 07/15/2004 and 09/29/2009
CERTIFIED ELECTRONICALLY
Certification
09/20/2004
Date
Promulgated Under: 119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
6/30/75, 5/1/79, 1/1/89,
1/1/96, 9/25/00
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(A) A program to train a firefighter I
shall require that participants successfully complete a fire training program
of not less than one hundred twenty hours that meets all the objectives in the
current NFPA standard 1001, firefighter I, as set forth in the NFPA 1001
Standard for Fire Fighter Professional Qualifications (2002 edition), which is
available at www.nfpa.org. The training shall commence and end within a
consecutive twelve-month period.
(B) A program to train certified
volunteer firefighters to the firefighter I level shall require that
participants successfully complete a fire training program of not less than
eighty-four hours that meets all objectives in the current NFPA standard 1001, firefighter
I, as set forth in the NFPA 1001 Standard for Fire Fighter Professional Qualifications
(2002 edition), which is available at www.nfpa.org. The training shall commence
and end within a consecutive twelve-month period.
Effective: 09/30/2004
R.C. 119.032 review
dates: 07/15/2004 and 09/29/2009
CERTIFIED ELECTRONICALLY
Certification
09/20/2004
Date
Promulgated Under: 119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
6/30/75, 5/1/79, 1/1/89,
1/1/96, 7/3/97, 9/25/00
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(A) A program to train full-time
firefighters shall require that participants successfully complete a fire
training program, of not less than two hundred forty hours that meets all
performance objectives in the current NFPA standard 1001, firefighter I and
II,as set forth in the NFPA 1001 Standard for Fire Fighter Professional Qualifications
(2002 edition), which is available at www.nfpa.org. The training shall commence
and end within a consecutive twelve-month period.
(B) A program to train a certified
firefighter I to the firefighter II level shall require the participant to
successfully complete a fire training program of not less than one hundred
twenty hours that meets all objectives set forth in the current NFPA standard
1001 for firefighter II as set forth in the NFPA 1001 Standard for Fire Fighter
Professional Qualifications (2002 edition), which is available at www.nfpa.org.
The training shall commence and end within a consecutive twelve-month period.
Effective: 09/30/2004
R.C. 119.032 review
dates: 07/15/2004 and 09/29/2009
CERTIFIED ELECTRONICALLY
Certification
09/20/2004
Date
Promulgated Under: 119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
6/30/75, 5/1/79, 1/1/89,
1/1/96, 9/25/00
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4765-11-13 Fire Safety Inspectors.
(A) A program to train fire safety
inspectors shall require that participants successfully complete a fire
training program for fire safety inspectors of not less than seventy-two hours
that meets the performance objectives set forth in the current NFPA 1031
standard for fire inspector I as set forth in the NFPA 1031 Standard for Professional
Qualifications for Fire Inspector and Plan Examiner (1998 edition), which is
available at www.nfpa.org. The training shall commence and end within a
consecutive twelve-month period.
(B) Any program to train fire safety
inspectors shall require that all participants are certified as firefighters
under section 4765.55 of the Revised Code prior to
enrolling in the fire safety inspector program.
Effective: 09/30/2004
R.C. 119.032 review
dates: 07/15/2004 and 09/29/2009
CERTIFIED ELECTRONICALLY
Certification
09/20/2004
Date
Promulgated Under: 119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
6/30/7, 5/1/79, 1/1/89, 1/1/96,
9/25/00
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4765-11-15 Certificate in Lieu of Completion of a Chartered Training Program.
A certificate in lieu of completion of a
chartered training program shall be issued to an applicant who, on a form
prescribed by the executive director, submits evidence of service as a
firefighter in the state of Ohio as follows:
(A) A certificate of equivalency as a
volunteer firefighter or the equivalent certificate shall be issued to a person
who began serving as a volunteer firefighter with a fire department of any
township, fire district, city, or village prior to July 2, 1979, and has
maintained active participation in the fire department for at least five years
prior to submitting an application under this rule.
(B) A certificate of equivalency as a
firefighter II shall be issued to a person who began serving as a permanent
full-time paid firefighter with a fire department of any city, or village prior
to July 2, 1970, and has maintained active participation in the fire department
for at least five years prior to submitting an application under this rule.
(C) In reviewing an application in lieu
of completion of a chartered fire training program, all documents submitted to
establish when the applicant began serving as a firefighter shall be
considered. The documents may include, but shall not be limited to the
following: certified copies of personnel records, certified copies of historical
records, or any other affidavits as required by the administrator to verify employment
dates by the applicant.
Effective: 09/30/2004
R.C. 119.032 review
dates: 07/15/2004 and 09/29/2009
CERTIFIED ELECTRONICALLY
Certification
09/20/2004
Date
Promulgated Under: 119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
7/3/97, 9/25/00
4765-11-15 2
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4765-11-16 Certificate of equivalency.
(A) A certificate of equivalency shall be
issued to an applicant who meets the following
requirements:
(1) The applicant submits a completed
application on a form prescribed by the executive director.
(2) The applicant completed a firefighter
training in another state or branch of the U.S. military that has training
program standards substantially the same as those in this chapter.
(3) The applicant meets all the
requirements for admission under paragraph (A)(16) of rule 4765-11-03 of the
Administrative Code.
(4) Within twelve months after the
application is approved and a letter of authorization is issued, the applicant
passes an examination approved by the executive director at the level for which
certification is sought:
(a) An applicant who possesses a
certificate from either the international fire service accreditation congress
or national board on professional qualifications is not required to take the
examination listed in this rule.
(B) The executive director shall maintain
a listing of all firefighter training programs
determined as having standards
substantially the same to the standards set out in these rules. A training
program shall be determined to have substantially the same standards if, at a
minimum, it meets all of the following:
(1) The training program requires
classroom and practical skill training in substantially the same subject areas
for approximately the same number of course hours required by this chapter;
(2) Successful completion of the training
program requires the student to pass one or more written and practical
examinations that test knowledge, understanding, and ability to provide
firefighter services.;
(3) The admission requirements for
students are comparable to those in paragraph
(A)(16) of rule 4765-11-03 of the Administrative
Code. 4765-11-16 2
Effective: 12/09/2004
R.C. 119.032 review
dates: 07/15/2004 and 09/29/2009
Certification date 1/29/2004
Promulgated Under:
119.03
Statutory Authority:
4765.11, 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates:
5/1/75, 6/30/75, 1/1/89, 7/3/97, 9/25/00
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OAC Table of Contents
4765-12-02
General Provisions.
(A) A training program for certification
as a first responder shall meet any knowledge of skill objectives established
by the board.
(B) The current national standard
curriculum (NSC) as adopted by the
(C) Pursuant to section 4765.16 of the Revised Code, all first responder
training programs shall be accredited or approved by the division as directed
by the board and first responder training courses shall be taught by a person
who holds a certificate to teach at the level appropriate for the course.
(D) The requirement of division (A)(1)(a)
of section 4765.30 of the Revised Code
shall be waived if the applicant submits to the training program a statement
that he or she is not a permanent full-time firefighter. The statement shall be
in writing and shall be signed by the applicant. The training program may
provide for the statement on its admission application or require the applicant
to submit a statement in the student's record.
(E) The board may waive the requirement
of division (A)(1)(a) of section 4765.30
of the Revised Code for an applicant who is affiliated with a "full
time" fire department if the applicant establishes the extraordinary need
for first responders by his or her residential community. The documentation,
which shall include at a minimum the applicant's signed request for a waiver
and a letter from an appropriate source explaining the extraordinary need,
shall be filed with the board.
HISTORY: Eff 4-4-98; 2-22-99
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.30
119.032
Review Date: 9-27-02; 9-27-07
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4765-12-03 First Responder.
(A) In accordance with division (B) of
section 4765.16 of the Revised Code, a
training program leading to certification as a first responder shall be forty
hours allocated as follows:
(1) Six hours devoted to preparatory;
(2) Eight hours devoted to airway
management including oxygen therapy, and bag valve mask ventilation;
(3)
Five hours devoted to patient assessment;
(4) Eight hours devoted to cardiac
management including cardiopulmonary resuscitation and automated
defibrillation;
(5) Eight hours devoted to illness and
injury management including patient assisted epinephrine administration;
(6) Four hours devoted to children and
childbirth; and
(7) One hour devoted to program
completion written examination.
(B) "A first responder refresher
training program" shall consist of fifteen hours, including, but not
limited to, one hour devoted to each of the following topics:
(1) Patient assessment;
(2) Cardiopulmonary resuscitation;
(3) Airway management including oxygen
therapy;
(4) Automated defibrillation;
(5) Illness and injury management
including patient assisted epinephrine administration;
(6) Children and childbirth.
HISTORY: Eff 4-4-98
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.16
119.032
Review Date: 9-27-02; 9-27-07
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4765-12-04 First Responder Instructor Curriculum.
(A) A first responder instructor training
program shall consist of a minimum of forty-six hours allocated among the
following areas:
(1) Six hours in the review and update of
the first responder curriculum knowledge and skill objectives;
(2) Except as provided in paragraph (B)
of this rule, thirty-six hours in instruction of adult students and basic
teaching techniques; and
(3) Except as provided in paragraph (E)
of this rule, four hours of supervised teaching in the presence of a person who
holds a current certificate to teach at the first responder level.
(B) A person seeking certification under
section 4765.23 of the Revised Code as a first
responder instructor who holds at least a baccalaureate degree in adult
education from an accredited institution deemed acceptable by the board, need
only complete that portion of an first responder instructor program set forth
in paragraph (A)(1) of this rule.
(C) A first responder instructor training
program for current EMT instructors and current fire service instructors who
hold a EMS certificate to practice shall consist of six hours in the review and
update of the first responder curriculum knowledge and skill objectives.
HISTORY: Eff 4-4-98
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.23
119.032
Review Date: 9-27-02; 9-27-07
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4765-12-05 Accreditation Of Training Programs.
(A) Except as provided in paragraph (B) of
this rule, the board shall issue a certificate of accreditation pursuant to
section 4765.17 of the Revised Code and
this chapter, to any applicant who is of good reputation and who demonstrates
that the first responder training program for which he seeks accreditation
meets the following requirements:
(1) Has a program coordinator who assumes
general responsibility for the following:
(a) Administration and operation of the
first responder training program;
(b) Ongoing review and evaluation of the
program content, instructors, and student performance;
(c) Assignment of faculty
responsibilities and scheduling of program courses;
(d) Preparation or approval of all
documents required to be submitted for accreditation;
(e) Assuring the adequacy of all program
training materials.
(2) Has a program medical director who
assumes responsibility for the medical components of the training program;
(3) Offers sufficient courses to satisfy
the curriculum requirements for certification as a first responder as set forth
in section 4765.16 of the Revised Code and
Chapter 4765-12 of the Administrative Code;
(4) Has established an advisory committee
consisting of the program coordinator, program medical director and EMS
providers that meets not less frequently than two times each year;
(5) Has a sufficient number of
instructors who hold a certificate to teach in a first responder training
program issued under section 4765.23 of the
Revised Code or who otherwise satisfy the requirements of this chapter, to
ensure that the ratio of instructors to students in all practical skills
components of the program does not exceed one to ten;
(6) Possesses, or has affiliation
agreements for use of, equipment determined by the board to be sufficient to
adequately train EMS personnel to meet the certification requirements of
section 4765.16 of the Revised Code and
Chapter 4765-12-03 of the Administrative Code;
(7) Has sufficient classroom and
laboratory facilities to accommodate the number of students participating in the
program;
(8) Requires that each student pass a
written and practical examination that tests his knowledge, understanding, and
ability to provide services in the subject areas required by section 4765.16 of the Revised Code and Chapter 4765-12
of the Administrative Code for certification as a first responder;
(9) Issues a certificate of completion to
each student who successfully completes the training program and passes the
program's final written and practical examination.
(10) Has an established office area for
use by program faculty and instructors;
(11) Has a library available to students
and faculty that contains comprehensive, current publications relating to
emergency medical services;
(12) Provides classroom environments that
are conducive to learning;
(13) Has admission requirements that meet
or exceed the requirements for obtaining a certificate to practice under
section 4765.30 of the Revised Code and
Chapter 4765-12 of the Administrative Code, except that a first responder
training program may admit a student who is seventeen years old provided that
he is enrolled in the twelfth or final grade in a secondary school program;
(14) Has a written policy prohibiting
discrimination in acceptance of students on the basis of race, color, religion,
sex, or national origin;
(15) Has written policies that are made
available to students identifying all of the following:
(a) Methodology used in determining
grades;
(b) Criteria for successful completion of
each component of the curriculum;
(c) Criteria for successful completion of
the full training program;
(d) Grounds for dismissal from the
program;
(e) Disciplinary and grievance procedures
including mechanism for appeals;
(f) Procedures for voluntary student
withdrawals from the program;
(g) Policy regarding refund of tuition
payments;
(h) Range and availability of student
health care services;
(i) Admission requirements;
(j) Requirements or restrictions
regarding student attire;
(k) Costs associated with the training
program, including tuition, materials, fees;
(l) Information regarding course
schedules, content, and objectives;
(m) Universal precautions that are taught
and followed in the training program;
(16) Provides regular evaluations of
student performance and achievement throughout the course of the program.
(B) A certificate of accreditation issued
under paragraph (A) of this rule shall be valid for three years.
HISTORY: Eff 4-4-98; 3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.17
R.C. 119.032
review dates: 09/27/2007
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4765-12-06 Provisional Accreditation Of Training
Programs.
(A) The board may issue a certificate of
accreditation on a provisional basis pursuant to section 4765.17 of the Revised
Code, to any applicant who is of good reputation and who demonstrates
substantial compliance with the requirements for accreditation as defined in
this chapter.
(B) In issuing a certificate of accreditation
on a provisional basis, the board shall indicate to an applicant those
requirements set forth in paragraphs (A)(1) to (A)(16) of rule 4765-12-05 of the Administrative Code, with which he has
failed to demonstrate compliance.
(C) A certificate of accreditation issued
on a provisional basis is valid for a period of one year and shall not be
renewed.
(D) When an applicant demonstrates
compliance with all requirements identified by the board pursuant to paragraph
(B) of this rule, the board shall issue a certificate of accreditation.
(E) If an applicant is unable to
demonstrate compliance with those requirements identified by the board pursuant
to paragraph (B) of this rule within one year after being issued a certificate
of accreditation on a provisional basis, he may not submit an application for
the training program that was the subject of the provisional accreditation for
a period of at least one year.
HISTORY: Eff 4-4-98; 3-23-03
Rule promulgated
under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.17
R.C. 119.032
review dates: 09/27/2007
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4765-12-07 Certificate To Practice.
(A) The board shall issue a certificate to
practice as a first responder to any applicant who satisfies the following
requirements:
(1) Possesses a certificate of completion
from a first responder training program accredited by the board under section 4765.17 of the Revised Code and Chapter
4765-12 of the Administrative Code, that verifies completion of a first
responder training program at the level for which the certificate to practice
is sought;
(2) Is at least eighteen years of age;
(3) Has not been convicted of, pled
guilty to, had a judicial finding of guilt, or had a judicial finding of
eligibility for treatment in lieu of conviction for, any of the following:
(a) Fraud or material deception in
applying for, or obtaining, a certificate to practice under section 4735.30 of the Revised Code;
(b) Any of the following felonies:
(i) Murder;
(ii) Aggravated murder;
(iii) Voluntary manslaughter;
(iv) Felonious assault;
(v) Kidnapping;
(vi) Rape;
(vii) Sexual battery;
(viii) Gross sexual imposition;
(ix) Aggravated arson;
(x) Aggravated robbery;
(xi) Aggravated burglary;
(c) A misdemeanor, other than a traffic
violation, committed in the course of practice;
(d) A misdemeanor involving moral
turpitude;
(e) A violation of any federal, state,
county, or municipal narcotics law;
(f)
Any act committed in another state that if committed in Ohio, would constitute
a violation set forth in this paragraph;
(4) Has not been adjudicated mentally
incompetent by a court of law;
(5) At the time of application, is not
under indictment for a felony set forth paragraph (A)(3)(b) of this rule, or a
misdemeanor involving moral turpitude;
(6) Does not currently engage in the
illegal use of controlled substances, alcohol, or other habit-forming drugs or
chemical substances;
(7) Has passed an examination
administered by the board in accordance with section 4765.29 of the Revised
Code at the level for which certification is sought.
(B) Not withstanding paragraph (A) of
this rule, the board may issue a certificate as a first responder to any person
who, on the effective date of this chapter holds a valid completion certificate
from a federal, state, or nationally recognized first responder training
program and has received training in the taking and monitoring of vital signs,
airway management, oxygen therapy and the proper use of an automated
defibrillator within five years of the effective date of this rule.
HISTORY: Eff 4-4-98
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule amplifies: RC 4765.30
119.032
Review Date: 9-27-02; 9-27-07
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4765-12-08 Continuing Education For First
Responder.
(A) A First Responder shall complete not
fewer than fifteen hours of continuing education every three years, including
but not limited to one hour each of the following topics:
(1) Patient assessment;
(2) Cardiopulmonary resuscitation;
(3) Airway management and oxygen
administration;
(4) Automated defibrillation;
(5) Illness and injury management;
(6) Children and childbirth;
(7) Anaphylaxis and patient assisted
epinephrine administration.
(B) The fifteen hours of continuing
education required for renewal of a certificate to practice as a first
responder set forth in this chapter may be obtained through completion of a
first responder refresher course approved by the board.
(C) Current registration with the
national registry of emergency medical technicians at the first responder or
equivalent level.
HISTORY: Eff 4-4-98
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.31
119.032
Review Date: 9-27-02; 9-27-07
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4765-12-09 Certificate To Teach.
(A) The board shall issue a certificate to
teach as a First responder instructor to any applicant who meets the following
requirements;
(1) Possesses a current certificate to
practice as a first responder, EMT-Basic, EMT-Intermediate, or EMT-Paramedic
issued under section 4765.30 of the
Revised Code or rule 4765-8-01 or 4765-12-07
of the Administrative Code;
(2) In the preceding seven years, has not
less than five years of experience as a first responder, EMT-basic,
EMT-intermediate, or EMT-paramedic as determined by the board based on
educational preparation in areas related to emergency medical services or
experience in the direct provision of emergency medical services;
(3) Has completed a board approved adult
education program, or a first responder instructor course that satisfies the
curriculum requirements set forth in rule 4765-12-05
of the Administrative Code and that requires as a condition for admission that
an applicant pass a written and practical test demonstrating a first responder
level of knowledge in emergency medical services;
(4) Submits documentation sufficient for
the board that demonstrates knowledge of current standards in the delivery of
first responder emergency medical services; and
(5) Possesses current certification as a basic
life support instructor.
HISTORY: Eff 4-4-98
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.23
119.032
Review Date: 9-27-02; 9-27-07
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4765-12-10 Ethical Standards Of Conduct.
(A) A first responder shall provide
professional services that conform to minimal standards of care for their
certification level under similar circumstances.
(B) When providing professional services,
a first responder shall exhibit respect for the medical needs and personal
values of EMS patients and other certificate to practice holders, medical, or
health care practitioners.
(C) A first responder shall not
discriminate in the provision of EMS on the basis of race, color, religion,
sex, or national origin.
(D) A first responder shall provide
medically appropriate evaluation, treatment, and disposition of each EMS
patient in accordance with Chapter 4765. of the Revised Code, Chapters 4765-1
to 4765-19 of the Administrative Code, and the medical protocols of the EMS
organization by which he is employed or with which he is affiliated.
(E) A first responder shall not perform
any services that exceed the scope of his certificate to practice as defined in
Chapter 4765. of the Revised Code and rules set forth in Chapters 4765-1 to
4765-19 of the Administrative Code.
(F) A first responder shall not
misrepresent his professional qualifications or credentials.
(G) A first responder shall report to the
medical director of an EMS organization by which he is employed or with which
he is affiliated, any suspicion or knowledge of a violation of this chapter or
the failure of any certificate to practice holder to conform to minimal
standards of care.
(H) A first responder shall consistently
demonstrate a standard of knowledge and competency that meets the level
required under his certificate to practice.
(I) A first responder shall accurately document
and report, all continuing education programs he completes.
(J) Except as otherwise required by law,
first responder shall maintain the confidentiality of patient information.
(K) A first responder shall not release
or provide a medical report or any supporting documentation, or otherwise
disclose the contents of a medical report to anyone other than those authorized
by law to receive them.
HISTORY: Eff 4-4-98; 3-23-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.30
R.C. 119.032
review dates: 09/27/2007
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4765-12-11 Medical Director.
Nothing in this rule shall be construed as
restricting or otherwise limiting the right of a physician who serves as the
medical director for any EMS organization to determine those first responders
he will allow to provide emergency medical services under the auspices of his
certificate to practice medicine and surgery or osteopathic medicine and
surgery issued under Chapter 4731. of the Revised Code.
HISTORY: Eff 4-4-98
Rule
promulgated under: RC Chapter 119.
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.33
119.032
Review Date: 9-27-02; 9-27-07
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4765-13-01 Definitions.
As used in this chapter:
(A) "EMS incident" means any
ground or air response to a call for emergency medical services by a public or
private emergency medical service organization.
(B) "Response to a call for
emergency medical service" or "response" means any of the
following:
(1) Assessment of or treatment provided
to a patient by a person who holds an EMS certificate to practice regardless of
whether such patient was transported, transport of a patient from a call for
EMS to an emergency care facility, or a canceled call
(2) Transport between emergency care
facilities provided by an emergency medical service organization.
(3) Transports of a patient from a
medical care facility or emergency care facility to a residence, or
non-emergency transports of a patient from a residence to a medical care
facility, are not included within this definition.
(C) "Medical care facility"
means a doctor's office, hospital (excluding emergency department, operating
room, and labor and delivery department), outpatient care center,
rehabilitation center, nursing home, extended care facility, assisted living
facility, hospice facility or industrial clinic.
(D) "Emergency care facility"
means a hospital emergency department, hospital operating room, hospital labor
and delivery department, urgent care facility, or psychiatric urgent care
facility.
(E) "Emergency medical services
incident reporting system" or "EMS incident reporting system"
means the system established by the state board of emergency medical services
pursuant to section 4765.06 of the Revised Code for the collection of
information regarding the delivery of emergency medical services in Ohio and
the frequency at which the services are provided.
HISTORY: Eff 6-29-01; 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 06/29/2006
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4765-13-02 Purpose.
(A) The purpose of this chapter is to
establish comprehensive reporting standards for the EMS incident reporting
system by the board. These procedures are adopted to ensure the confidentiality
of information as provided in section 4765.06 of the
Revised Code.
(B) The board shall use the EMS incident
reporting system to collect and analyze data that is necessary to evaluate the
delivery of emergency medical services within Ohio. The data collected by the
EMS incident reporting system shall be of such a nature as to allow the board
to identify and evaluate the following:
(1) Frequency, nature, and duration of
responses;
(2) Geographic patterns of responses,
including but not limited to areas or regions of the state where improvements
are needed in the delivery of emergency medical service;
(3) Needs assessment for the equitable
disbursement of funds provided by the EMS grant program established under
section 4765.07 of the Revised Code;
(4) Methods by which the delivery of
emergency medical services can be maintained and improved, including but not limited
to public education on illness and injury prevention, and access to emergency
medical services.
HISTORY: Eff 6-29-01; 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
Replaces:
Former 4765-13-02
R.C. 119.032
review dates: 06/29/2006
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4765-13-03 Required Reporting.
(A) Pursuant to section 4765.06
of the Revised Code, each emergency medical service organization shall report
all EMS incidents to the emergency medical services incident reporting system.
(B) Each EMS organization shall submit
data and information as specified in the EMS incident reporting system
procedure manual located at http://www.state.oh.us/odps/division/ems/ems
local/DataCollection/finlmanl.pdf. Such data and information shall include, at
a minimum, the following:
(1) Identification of the EMS
organization;
(2) Time and date of incident;
(3) Location of incident;
(4) Certification level of EMS personnel
involved;
(5) Patient demographics;
(6) Information regarding provider
assessment;
(7) Information regarding treatment
provided;
(8) Transport information.
(C) The board shall grant an exemption
from reporting in cases of mass casualty incidents and/or natural disasters.
HISTORY: Eff 6-29-01; 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 06/29/2006
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4765-13-04 Format.
(A) EMS incident data shall be sent in a
format directed by the board.
(B) Data and information submitted to and
maintained by the EMS incident reporting system shall be in such a format that:
(1) Protects the identity of specific
patients to whom emergency medical care has been rendered;
(2) Identifies specific EMS organizations
by a code or similar designation other than name;
(3) Avoids or minimizes duplication of
entry.
HISTORY: Eff 6-29-01; 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
Replaces:
Former 4765-13-04
R.C. 119.032
review dates: 06/29/2006
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4765-13-05 Reporting Deadlines.
EMS incident reports shall be submitted
according to the following schedule:
(A) If an EMS organization's annual
response volume is less than ten thousand, it shall submit quarterly reports as
follows:
(1) January first through March
thirty-first ... report by April thirtieth
(2) April first through June thirtieth
... report by July thirtieth
(3) July first through September
thirtieth ... report by October thirtieth
(4) October first through December
thirty-first ... report by January thirtieth
(B) If an EMS organization's annual
response volume is ten thousand or greater, it shall submit monthly reports
with the reporting date being the last day of the following month.
HISTORY: Eff 6-29-01; 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 06/29/2006
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4765-13-06 Reports.
(A) The information collected in
accordance with this chapter shall be distributed in an annual report aggregated
at statewide and regional levels. County level aggregated data shall also be
reported where the confidentiality of the information is in compliance with
paragraph (B) of this rule and rule 4765-13-10 of the
Administrative Code.
(B) The information required to be
provided to the EMS incident reporting system under section 4765.06
of the Revised Code and this chapter shall be provided and maintained in such a
way as to protect against revealing the identity of the patient and the EMS
organization. Each person handling information received for the EMS incident
reporting system has a fiduciary duty to maintain the confidentiality of such
information and shall sign and adhere to a contract with the department of
public safety, division of EMS, regarding the confidentiality of such
information. If such person violates this fiduciary duty or violates any terms
of the contract, the department of public safety, division of EMS, may
terminate such person and employ any other remedies, legal or equitable,
available to it.
HISTORY: Eff 6-29-01; 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
Replaces:
Former 4765-13-06
R.C. 119.032
review dates: 06/29/2006
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4765-13-07 Notifications.
(A) An emergency medical service
organization that fails to report as required in this chapter shall be notified
in writing. The notification shall advise the organization of:
(1) The requirement to report EMS
incidents pursuant to section 4765.06 of the Revised Code
and Chapter 4765-13 of the Administrative Code:
(2) The consequences of failing to report
EMS incidents as provided in rule 4765-13-08 of the
Administrative Code.
(B) A copy of the notification shall be
delivered to both of the following individuals:
(1) The chief executive officer of the
political subdivision for which the EMS organization provides emergency medical
services, or the private organization under which the EMS organization is
established:
(2) The chairperson of the appropriate
regional physician advisory board.
HISTORY: Eff 6-29-01; 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
Replaces:
Former 4765-13-07
R.C. 119.032
review dates: 06/29/2006
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4765-13-08 Failure To Report.
An EMS organization's failure to report as
required under this chapter and section 4765.06 of the
Revised Code may result in ineligibility status for purposes of the emergency
medical services grants program as established under section 4765.07
of the Revised Code and as provided in Chapter 4765-5 of the Administrative
Code.
HISTORY: Eff 6-29-01; 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 06/29/2006
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to go back to the OAC Table of Contents
4765-13-09 Advisory Committee.
An EMS incident reporting system advisory
committee, consisting of nine members appointed by the board, shall advise the
board in all matters regarding EMS incident reporting. Membership of the
committee shall include the following:
(A) Two fire chiefs selected from a list of
names submitted by the Ohio fire chief's association. One position shall be
filled by a chief, affiliated with a volunteer fire department, and the second
position shall be filled by a chief, affiliated with a paid full time fire
department.
(B) One representative from a private
emergency medical service organization, selected from a list of names submitted
by the Ohio ambulance and medical transport association.
(C) One member from a public emergency
medical service organization, selected from a list of names submitted by the
Ohio association of emergency medical services
(D) One physician, licensed under Chapter
4731. of the Revised Code, who services as a medical director for an
(E) One member of the state board of
emergency medical services selected by the board.
(F) One hospital administrator, selected
from a list of names provided by the Ohio hospital association.
(G) One air medical organization member,
selected from a list of names provided by the Ohio association of air medical
services.
(H) One at large position, selected from
a list of names provided by the board chairperson.
HISTORY: Eff 6-29-01; 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 06/29/2006
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to go back to the OAC Table of Contents
4765-13-10 Protected Information Within The
(A) Information that identifies or would
tend to identify a specific recipient of emergency medical services shall
include, but not be limited to, the recipient's social security number, driver's
license number, date of birth, and name.
(1) No records shall be provided in
response to a public records request if the request asks for information sorted
by, or if the request contains, information that identifies or would tend to
identify a specific recipient of emergency medical services.
(2) No records provided in response to a
public records request shall contain any information that identifies or would
tend to identify a specific recipient of emergency medical services.
(B)
Information that identifies or would tend to identify a specific provider of
emergency medical services shall include, but not be limited to, the EMS
organization's agency code, incident number, and location of incident.
(1) Prior to the implementation of risk
adjustment standards and procedures, no records shall be provided in response
to a public records request if the request asks for information sorted by, or
if the request contains, information that identifies or would tend to identify
a specific provider of emergency medical services.
(2) Prior to the implementation of risk
adjustment standards and procedures, no records provided in response to a
public records request shall contain any information that identifies or would
tend to identify a specific provider of emergency medical services.
(3) After risk adjustment standards and
procedures are implemented, such records may be made public, but only on a risk
adjusted basis.
HISTORY: Eff 5-29-03
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.06
R.C. 119.032
review dates: 06/29/2006
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4765-14-01 Definitions.
(A) As used in this chapter and section 4765.01 of the Revised Code, "trauma" or
"traumatic injury" means severe damage to or destruction of tissue
that satisfies both of the following conditions:
(1) It creates a significant risk of any
of the following:
(a) Loss of life;
(b) Loss of a limb;
(c) Significant, permanent disfigurement;
(d) Significant, permanent disability;
and
(2) It is caused by any of the following:
(a) Blunt or penetrating injury;
(b)
Exposure to electromagnetic, chemical, or radioactive energy;
(c) Drowning, suffocation, or
strangulation;
(d) A deficit or excess of heat.
(B) "Evidence of poor
perfusion" means physiologic indicators of hemorrhage or decreased
cardiovascular function, which may include any of the following symptoms:
(1) Weak, distal pulse;
(2) Pallor;
(3) Cyanosis;
(4) Delayed capillary refill;
(5) Tachycardia.
(C) "Evidence of respiratory distress
or failure" means physiologic indicators of decreased ventilatory
function, which may include any of the following symptoms:
(1) Stridor;
(2) Grunting;
(3) Retractions;
(4) Cyanosis;
(5) Hoarseness;
(6) Difficulty speaking.
(D) "Evidence of hemorrhagic
shock" means physiologic indicators of blood loss that may include any of
the following symptoms:
(1) Delayed capillary refill;
(2) Cool, pale, diaphoretic skin;
(3) Decreased systolic blood pressure
with narrowing pulse pressure;
(4) Altered level of consciousness.
(E) "Seatbelt sign" means
abdominal or thoracic contusions and abrasions resulting from the use of a
seatbelt during a motor vehicle collision.
(F)
"Signs or symptoms of spinal cord injury" means physiologic
indicators that the spinal cord is damaged, including, but not limited to,
paralysis, weakness, numbness, or tingling of one or more extremities.
(G) "Evidence of neurovascular compromise"
means physiologic indicators of injury to blood vessels or nerves including,
but not limited to, pallor, loss of palpable pulses, paralysis, paraesthesia,
or severe pain.
HISTORY: Eff 10-28-02
Rule
promulgated under: RC 119.03
Rule
authorized by: RC 4765.11
Rule
amplifies: RC 4765.40
R.C. 119.032
review dates: 10/28/2005
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4765-14-02 Determination Of A Trauma Victim.
Emergency medical service personnel shall
use the criteria in this rule, consistent with their certification, to evaluate
whether an injured person qualifies as an adult trauma victim or pediatric
trauma victim, in conjunction with the definition of trauma in section 4765.01 of the Revised Code and this chapter.
(A) An adult trauma victim is a person
sixteen years of age or older exhibiting one or more of the following
physiologic or anatomic conditions:
(1) Physiologic conditions
(a) Glasgow coma scale less than or equal
to thirteen:
(b) Loss of consciousness greater than
five minutes;
(c) Deterioration in level of
consciousness at the scene or during transport;
(d) Failure to localize to pain;
(e) Respiratory rate less than ten or
greater than twenty-nine;
(f) Requires endotracheal intubation;
(g) Requires relief of tension
pneumothorax;
(h) Pulse greater than one hundred twenty
in combination with evidence of hemorrhagic shock;
(i) Systolic blood pressure less than
ninety, or absent radial pulse with carotid pulse present;
(2) Anatomic conditions
(a) Penetrating trauma to the head, neck,
or torso;
(b) Significant, penetrating trauma to
extremities proximal to the knee or elbow with evidence of neurovascular
compromise;
(c) Injuries to the head, neck, or torso
where the following physical findings are present:
(i) Visible crush injury;