Ohio Code 4766.09 – Inapplicability of chapter
This chapter does not apply to any of the following:
Terms Used In Ohio Code 4766.09
- Ambulance: means any motor vehicle that is specifically designed, constructed, or modified and equipped and is intended to be used to provide basic life support, intermediate life support, advanced life support, or mobile intensive care unit services and transportation upon the streets or highways of this state of persons who are seriously ill, injured, wounded, or otherwise incapacitated or helpless. See Ohio Code 4766.01
- Ambulette: means a motor vehicle that is specifically designed, constructed, or modified and equipped and is intended to be used for transportation upon the streets or highways of this state of persons who require use of a wheelchair or other mobility aid. See Ohio Code 4766.01
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Disaster situation: means any condition or situation described by rule of the state board of emergency medical, fire, and transportation services as a mass casualty, major emergency, natural disaster, or national emergency. See Ohio Code 4766.01
- Emergency medical service organization: means an organization that uses emergency medical technicians-basic, emergency medical technicians-intermediate, or emergency medical technicians-paramedic, or a combination of EMTs-basic, EMTs-I, and paramedics, to provide medical care to victims of illness or injury. See Ohio Code 4766.01
- Fixed wing air ambulance: means a fixed wing aircraft that is specifically designed, constructed, or modified and equipped and is intended to be used as a means of air medical transportation. See Ohio Code 4766.01
- Lien: A claim against real or personal property in satisfaction of a debt.
- Nonemergency medical service organization: means a person that does both of the following:
(a) Provides services to the public on a regular basis for the purpose of transporting individuals who require the use of a wheelchair or other mobility aid to receive health care services in nonemergency circumstances;
(b) Provides the services for a fee, regardless of whether the fee is paid by the person being transported, a third party payer, as defined in section 3702. See Ohio Code 4766.01
- Nontransport vehicle: means a motor vehicle operated by a licensed emergency medical service organization not as an ambulance, but as a vehicle for providing services in conjunction with the ambulances operated by the organization or other emergency medical service organizations. See Ohio Code 4766.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Rotorcraft air ambulance: means a helicopter or other aircraft capable of vertical takeoffs, vertical landings, and hovering that is specifically designed, constructed, or modified and equipped and is intended to be used as a means of air medical transportation. See Ohio Code 4766.01
- state: means the state of Ohio. See Ohio Code 1.59
- Taxicab: means a taxicab vehicle operated by a taxicab service company, provided the company is not a nonemergency medical service organization. See Ohio Code 4766.01
- United States: includes all the states. See Ohio Code 1.59
(A) A person rendering services with an ambulance in the event of a disaster situation when licensees’ vehicles based in the locality of the disaster situation are incapacitated or insufficient in number to render the services needed;
(B) Any person operating an ambulance, ambulette, rotorcraft air ambulance, or fixed wing air ambulance outside this state unless receiving a person within this state for transport to a location within this state;
(C) A publicly owned or operated emergency medical service organization and the vehicles it owns or leases and operates, except as provided in section 307.051, division (G) of section 307.055, division (F) of section 505.37, division (B) of section 505.375, and division (B)(3) of section 505.72 of the Revised Code;
(D) An ambulance, ambulette, rotorcraft air ambulance, fixed wing air ambulance, or nontransport vehicle owned or leased and operated by the federal government;
(E) A publicly owned and operated fire department vehicle;
(F) Emergency vehicles owned by a corporation and operating only on the corporation’s premises, for the sole use by that corporation;
(G) An ambulance, nontransport vehicle, or other emergency medical service organization vehicle owned and operated by a municipal corporation;
(H) A motor vehicle titled in the name of a volunteer rescue service organization, as defined in section 4503.172 of the Revised Code;
(I) A public emergency medical service organization;
(J) A fire department, rescue squad, or life squad comprised of volunteers who provide services without expectation of remuneration and do not receive payment for services other than reimbursement for expenses;
(K) A private, nonprofit emergency medical service organization when fifty per cent or more of its personnel are volunteers, as defined in section 4765.01 of the Revised Code;
(L) Emergency medical service personnel who are regulated by the state board of emergency medical, fire, and transportation services under Chapter 4765 of the Revised Code;
(M) Any of the following that operates a transit bus, as that term is defined in division (Q) of section 5735.01 of the Revised Code, unless the entity provides ambulette services that are reimbursed under the state medicaid plan:
(1) A public nonemergency medical service organization;
(2) An urban or rural public transit system;
(3) A private nonprofit organization that receives grants under section 5501.07 of the Revised Code.
(N)(1) An entity, to the extent it provides ambulette services, if the entity meets all of the following conditions:
(a) The entity is certified by the department of aging or the department’s designee in accordance with section 173.391 of the Revised Code or operates under a contract or grant agreement with the department or the department’s designee in accordance with section 173.392 of the Revised Code.
(b) The entity meets the requirements of section 4766.14 of the Revised Code.
(c) The entity does not provide ambulette services that are reimbursed under the state medicaid plan.
(2) A vehicle, to the extent it is used to provide ambulette services, if the vehicle meets both of the following conditions:
(a) The vehicle is owned by an entity that meets the conditions specified in division (N)(1) of this section.
(b) The vehicle does not provide ambulette services that are reimbursed under the state medicaid plan.
(O) A vehicle that meets both of the following criteria, unless the vehicle provides services that are reimbursed under the state medicaid plan:
(1) The vehicle was purchased with funds from a grant made by the United States secretary of transportation under 49 U.S.C. § 5310;
(2) The department of transportation holds a lien on the vehicle.
(P) A taxicab or a vehicle providing transportation network company services that is operated by a transportation network company driver, unless transporting a person under the conditions requiring licensure specified in division (A) of section 4766.04 of the Revised Code.
(Q) A vehicle providing transportation services for a private adult day habilitation services company, unless transporting a person under the conditions requiring licensure specified in division (A) of section 4766.04 of the Revised Code. As used in division (Q) of this section, “adult day habilitation services” has the same meaning as in section 5126.01 of the Revised Code.