Chapter 4765-8 Certificate to Teach or Practice; Continuing Education

4765-8-01 Qualifications for a certificate to practice.

(A) An applicant for a certificate to practice as a first responder, EMT-basic, EMT-intermediate, or EMT-paramedic must meet the following requirements:

(1) Submit a completed application on a form approved by the board;

(2) Successfully complete an EMS training program through an accredited institution, pursuant to section 4765.17 of the Revised Code and Chapter 4765-7 of the Administrative Code, and receive a certificate verifying completion of such program at the level for which the certificate to practice is sought. Such program must have been completed no more than two years prior to making application;

(3) Submit documentation of successful completion of the following training courses:

(a) National incident management system course IS-700 and incident command system course IS-100, both of which can be accessed at the federal emergency management agency web site (http://training.fema.gov/emiweb/IS/crslist.asp for online courses or http://www.fema.gov/emergency/nims/nims_compliance.shtm (March 1, 2004) for materials and information on instructor lead classroom-based courses). These courses are also listed on the division of EMS web site (http://www.ems.ohio.gov). Completion of the above topics is mandated by the department of homeland security pursuant to homeland security presidential directives five (HSPD-5, February 28, 2003) and eight (HSPD-8, December 17, 2003) and approved by the board as being necessary for initial training.

(4) Pass an initial certification examination in accordance with rule 4765-8-05 of the Administrative Code;

(5) Be at least eighteen years of age;

(6) 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 or controlled substance law;

(e) Any act committed in another state or jurisdiction that, if committed in Ohio, would constitute a violation set forth in this paragraph.

(7) Has not been adjudicated mentally incompetent by a court of law;

(8) At the time of application, is not under indictment for any felony or has any misdemeanor charges pending as outlined in paragraph (A)(6) of this rule;

(9) Does not engage in the illegal use or illegal acquisition of controlled substances, alcohol, or other habit-forming drugs or chemical substances while on duty as a first responder or EMT;

(10) Has not committed fraud or material deception in applying for, or obtaining a certificate issued under Chapter 4765. of the Revised Code;

(11) Has not been convicted, in this state or another state, of providing emergency medical services or representing himself/herself as an EMS provider without a license or certificate, or similar crime directly related to the profession of EMS;

(12) If the applicant is, or has been, certified or licensed as an EMS provider in this state or another state, the applicant’s certificate or license is not currently on probationary status nor has it been suspended or revoked by the board or the EMS certifying or licensing entity in another state.

(B) In deciding whether to grant a certificate to practice, the board has the following options:

(1) The board shall issue a certificate to practice to an applicant who meets all of the requirements listed in paragraph (A) of this rule;

(2) The board shall refuse to grant a certificate to practice to an applicant who fails to meet one or more of the requirements listed in paragraphs (A)(1) to (A)(5) of this rule;

(3) The board may grant, refuse to grant, or limit a certificate to practice to an applicant who meets the requirements listed in paragraphs (A)(1) to (A)(5) of this rule, but fails to meet one or more of the requirements listed in paragraphs (A)(6) to (A)(12)of this rule.

Effective: 07/02/2009

R.C. 119.032 review dates: 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 4765.11, 4765.30

Rule Amplifies: 4765.30

Prior Effective Dates: 1/1/96, 2/22/99, 4/29/00, 1/13/02, 3/23/03, 2/13/06, 9/28/06

4765-8-02 Application for certificate to practice.

(A) The applicant for a certificate to practice or renewal of a certificate to practice must submit to the division an application in the manner approved by the board.

(B) No later than sixty days prior to its expiration, the division, shall notify each person who has been issued a certificate to practice of the certificate’s scheduled expiration date and a mechanism for renewal.

(C) There shall be no fee required for an application for a certificate to practice.

(D) A fee may be imposed for an application for reinstatement of a certificate to practice.

(E) An application that is not filled out in the manner as specified on the application will be deemed incomplete. Incomplete applications will not be considered and will be returned to the applicant with the notation that the application is incomplete.

(F) An applicant who has 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 offense listed in rule 4765-8-01 of the Administrative Code must, at the applicant’s expense, submit with the application a certified copy of the judgment entry from the court in which the conviction occurred, a civilian background check from the bureau of criminal identification and investigation (BCI&I), and a certified copy of the police report or law enforcement agency report, if applicable. Subject to the discretion of the division, failure to submit this documentation will render the application incomplete.

Effective: 02/01/2009

R.C. 119.032 review dates: 11/13/2008 and 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 4765.11

Rule Amplifies: 4765.28

Prior Effective Dates: 1/1/96, 2/22/99, 3/23/03, 2/13/06

4765-8-03 Notification to board of change of personal information.

(A) 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 the certificate holder’s:

(1) Full legal name;

(2) Home mailing address;

(3) Home telephone number.

(B) A certificate holder notifying the division of a name change must submit legal documentation verifying such name change.

Replaces: Former 4765-8-03

Effective: 02/13/2006

R.C. 119.032 review dates: 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 4765.11

Rule Amplifies: 4765.30

Prior Effective Dates: 1/1/96, 2/22/99, 3/23/03

4765-8-04 Renewal of certificate to practice.

(A) An applicant for renewal of a certificate to practice must meet the following requirements:

(1) Submit a completed renewal application, on a form approved by the board, prior to the expiration date of the current certificate;

(2) Continue to meet all standards for certification to practice set forth in section 4765.30 of the Revised Code and paragraphs (A)(6) to (A)(12) of rule 4765-8-01 of the Administrative Code at the level for which renewal is sought;

(3) Satisfy one of the following:

(a) Completion of continuing education requirements as provided under section 4765.24 of the Revised Code and Chapters 4765-12, 4765-15, 4765-16 and 4765-17 of the Administrative Code for the applicant’s respective certification level;

(b) A passing score on an examination in lieu of continuing education, as set forth in rule 4765-8-05 of the Administrative Code.

(4) An EMT-basic or EMT-intermediate certified under rule 4765-8-01 of the Administrative Code must document that the EMT completed the bridge course program in accordance with rule 4765-15-02 of the Administrative Code.

(a) An EMT-basic or EMT-intermediate who completed an initial course of instruction, or a bridge course that included the curriculum outlined in rule 4765-15-02 of the Administrative Code, is not required to repeat this training.

(5) An EMT-intermediate certified under rule 4765-8-01 of the Administrative Code must document that the EMT completed training in epinephrine administration, manual defibrillation, and intraosseous infusion as set forth in rule 4765-16-05 of the Administrative Code.

(6) An EMT-intermediate certified under rule 4765-8-01 of the Administrative Code must document that the EMT completed the 2002 transitional EMT-intermediate update course in accordance with rule 4765-16-02 of the Administrative Code.

(B) In deciding whether to renew a certificate to practice, the board has the following options:

(1) The board shall renew a certificate to practice to an applicant who meets all of the requirements listed in paragraph (A) of this rule;

(2) The board may renew, refuse to renew, revoke, suspend, or limit a certificate to practice to an applicant who fails to meet one or more of the renewal requirements listed in paragraphs (A) of this rule.

(C) An applicant for renewal must maintain records relating to the requirement set forth in paragraph (A)(3) of this rule for the current and previous certification cycle, which records are subject to audit by the division, as directed by the board, in accordance with rule 4765-9-01 of the Administrative Code.

(D) A renewed certificate to practice does not become effective until the expiration date of the current certificate.

(E) If an applicant fails to meet the continuing education requirements for renewal of a certificate to practice at the level of certification currently held, and the applicant wishes to renew, the applicant has the following options:

(1) The applicant may submit to the division a renewal application in which the applicant requests to drop back to a lower level of certification. The board may issue a certificate to practice at the lower level requested provided the applicant meets all requirements for certification at that level;

(2) The applicant may submit to the division a written request for an extension of time in which to complete the required continuing education requirements, in accordance with rule 4765-19-03 of the Administrative Code;

(3) The applicant may submit to the division a written request for an exemption from compliance with the continuing education requirements, in accordance with rule 4765-19-04 of the Administrative Code.

(F) An applicant who fails to submit a renewal application on or before the expiration date of the current certificate to practice is not eligible for renewal and must meet the requirements for reinstatement as set forth in rule 4765-8-18 of the Administrative Code.

Effective: 02/01/2009

R.C. 119.032 review dates: 11/13/2008 and 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 4765.11

Rule Amplifies: 4765.30

Prior Effective Dates: 1/1/96, 10/11/96 (Emer.), 5/19/97, 7/31/97, 2/22/99, 1/13/02, 3/23/03, 2/13/06

4765-8-05 Examinations.

(A) The initial certification examination shall consist of written and practical portions established by the national registry of emergency medical technicians (NREMT) and the board, and a passing score on this examination shall be determined by the NREMT.

(B) The reinstatement examination and the examination in lieu of continuing education shall be those established by the NREMT, and a passing score on these tests shall be determined by the board.

Effective: 02/13/2006

R.C. 119.032 review dates: 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 4765.11, 4765.29

Rule Amplifies: 4765.29, 4765.30

4765-8-15 Certification by reciprocity.

(A) For purposes of granting reciprocity, the board may review EMS license or certification requirements in other states, the district of Columbia, or the U.S. military to identify those that are substantially similar to the curriculum and certification standards set forth in Chapter 4765. of the Revised Code and Chapters 4765-1 to 4765-19 of the Administrative Code.

(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, or any branch of the U.S. military may be issued a certificate to practice by reciprocity provided that the applicant meets the following qualifications:

(1) Submits a completed application;

(2) Meets the criteria for a certificate to practice as listed in rule 4765-8-01 of the Administrative Code;

(3) Submits documentation, as required by the division, demonstrating that the applicant completed a course of instruction that is substantially similar to the Ohio curriculum at the level of certification sought;

(a) Areas of instruction that are not substantially similar to the Ohio curriculum must be completed through an institution accredited under section 4765.17 of the Revised Code and Chapter 4765-7 of the Administrative Code.

(4) Holds a valid and current EMS certificate or license from another state or branch of the U.S. military that is in good standing;

(a) An applicant who is or was a member of the U.S. military, and received EMS training through the U.S. military, is not required to hold a state certificate or license but must submit proof of military membership and completion of training during such membership.

(b) An applicant who completed training in another state and met all requirements for a certificate or license in that state, except for an affiliation with an EMS agency in that state, is not required to hold a certificate or license issued by that state if the applicant submits proof of the following:

(i) The applicant would have received a certificate or license from the state in which training was completed if the applicant had been affiliated with an EMS agency in that state;

(ii) The applicant would be within the initial certification cycle of said certificate or license.

(5) Holds a valid and current certificate from the national registry of emergency medical technicians (NREMT) at the level of certification sought or above.

(C) An applicant must meet all requirements listed in paragraph (B) of this rule at the time of application. An application that is missing documentation or information required by this rule will be deemed incomplete and will not be processed. Such application will be returned to the applicant with the notation that the application is incomplete.

(D) A certificate to practice by reciprocity shall be valid for three years.

(E) An applicant issued a certificate to practice by reciprocity must complete continuing education as provided under section 4765.24 of the Revised Code and Chapters 4765-12, 4765-15, 4765-16, and 4765-17 of the Administrative Code at the level of certification issued.

(F) An individual issued a certificate to practice by reciprocity who fails to renew said certificate may seek reinstatement as set forth in rule 4765-8-18 of the Administrative Code. An individual who is eligible for reinstatement may not apply for certification by reciprocity at or below the level of the expired certificate.

(G) An individual whose certificate to practice has been revoked or permanently revoked is not eligible for reciprocity.

Effective: 07/02/2009

R.C. 119.032 review dates: 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 4765.11

Rule Amplifies: 4765.30

Prior Effective Dates: 1/1/96, 2/22/99, 3/23/03, 2/13/06

4765-8-16 Application fees for certification.

(A) 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.

(B) The board may charge a fee for an application for the reinstatement of a certificate to practice and a certificate to teach.

Replaces: rule 4765-8-16

Effective: 12/29/2008

R.C. 119.032 review dates: 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 4765.11

Rule Amplifies: 4765.28

Prior Effective Dates: 1/1/96

4765-8-17 Voluntary surrender or change in level of certificate to practice.

(A) A holder of a certificate to practice may voluntarily surrender the holder’s certificate by submitting it to the division.

(1) Such surrender shall be in writing and accompanied by the holder’s certificate to practice;

(2) Such surrender is subject to board approval;

(3) The board may not accept a surrender of a certificate to practice if the certificate holder is under investigation by the division;

(4) A surrender approved by the board becomes effective upon the date of such board approval.

(B) An individual who surrendered his/her certificate pursuant to paragraph (A) of this rule and subsequently wishes to be reinstated must comply with the reinstatement provisions set forth in rule 4765-8-18 of the Administrative Code.

(C) No person shall hold a certificate to practice at more than one level.

(D) 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 division.

(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.

(E) 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.

Effective: 02/13/2006

R.C. 119.032 review dates: 11/17/2005 and 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 4765.11

Rule Amplifies: 4765.30

Prior Effective Dates: 1/13/02, 3/23/03

4765-8-18 Reinstatement of certificate to practice.

(A) A certificate to practice will expire on its expiration date if the applicant fails to either renew such certificate or request an extension, as provided in rule 4765-19-03 of the Administrative Code.

(B) The division, as directed by the board, may reinstate a certificate to practice that has expired, or become invalid due to a voluntary drop back or voluntary surrender, for no more than ninety days as follows:

(1) If the certificate holder has completed, prior to the expiration date of the certificate to practice, all continuing education requirements as set forth in Chapters 4765-12, 4765-15, 4765-16 and 4765-17 of the Administrative Code, the applicant must comply with all of the following requirements:

(a) Submits a completed application;

(b) Submits an application fee of seventy-five dollars;

(c) Provides documentation of successful completion of all continuing education requirements for the last certification cycle;

(d) Meets all qualifications for a certificate to practice as outlined in rule 4765-8-01 of the Administrative Code;

(e) Has 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 expired, was dropped back, or surrendered.

(2) If the certificate holder has not completed, prior to the expiration date of the certificate to practice, all continuing education requirements as set forth in Chapters 4765-12, 4765-15, 4765-16 and 4765-17 of the Administrative Code, the applicant must comply with all of the following requirements:

(a) Submits a completed application;

(b) Completes the reinstatement examination, as set forth in rule 4765-8-05 of the Administrative Code, and obtains a passing score within three attempts. 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;

(c) Meets all qualifications for a certificate to practice as outlined in rule 4765-8-01 of the Administrative Code;

(d) Has 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 expire, was dropped back, or surrendered.

(C) The division, as directed by the board, may reinstate a certificate to practice that has expired, or become invalid due to a voluntary drop back or voluntary surrender, for more than ninety days, but not more than three years if all of the following occur within such time period:

(1) Meets all requirements set forth in paragraph (B)(2) of this rule;

(2) The course of training completed by the applicant is significantly similar to the current curriculum requirements for the level of certification sought. 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 at the appropriate level.

(D) The division, as directed by the board, may reinstate a certificate to practice that has expired, or become invalid due to a voluntary drop back or voluntary surrender, for more than three years but less than six years if the applicant, in addition to meeting the requirements set forth in paragraph (C) of this rule, completes one of the following refresher training courses at either an accredited site or approved site:

(1) At the first responder level, a first responder refresher course as outlined in rule 4765-12-02 of the Administrative Code.

(2) At the EMT-basic level, an EMT-basic refresher course as outlined in rule 4765-15-01 of the Administrative Code.

(3) At the EMT-intermediate level, an EMT-intermediate refresher course as outlined rule 4765-16-01 of the Administrative Code.

(4) At the EMT-paramedic level, an EMT-paramedic refresher course as outlined in p rule 4765-17-01 of the Administrative Code.

(5) If an acceptable refresher course, as listed in paragraph (D) 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 accredited or approved institution to provide training at the level of certification sought.

(E) If a certificate to practice has expired, or become invalid due to a voluntary drop back or voluntary surrender, for six years or more, the applicant must complete a new course of instruction and apply for a new certificate under rule 4765-8-01 of the Administrative Code.

(F) An applicant must meet all requirements for eligibility prior to taking any examination.

(G) An applicant who qualifies for reinstatement is eligible to be reinstated at any level at or below the level previously held by such applicant.

Replaces: rule 4765-8-18

Effective: 12/29/2008

R.C. 119.032 review dates: 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 4765.11

Rule Amplifies: 4765.30

Prior Effective Dates: 1/13/02, 3/23/03, 2/13/06

4765-8-19 Reinstatement of revoked certificate to practice.

(A) The board is not obligated to reinstate a certificate to practice that it previously revoked.

(B) The board shall not reinstate a certificate to practice that has been revoked less than one year from the date on which the board order revoking such certificate is journalized with the board.

(C) An applicant whose certificate has been revoked by the board for at least one year but no more than three years must, within this time period, meet the following requirements:

(1) Submit a completed application to the division;

(2) Complete a reinstatement examination, as set forth in rule 4765-8-05 of the Administrative Code, and obtain a passing score within three attempts. If an applicant is unable to pass such examination within three attempts, the applicant must complete a new course of instruction and apply for a new certificate to practice under rule 4765-8-01 of the Administrative Code.

(3) Meet all qualifications for a certificate to practice as outlined in rule 4765-8-01 of the Administrative Code;

(4) Previously held a certificate to practice issued under section 4765.30 of the Revised Code for the level of certification sought;

(5) The course of training completed by the applicant is significantly similar to the current curriculum requirements for the level of certification sought. If such training is not significantly similar to the current curriculum, the applicant must complete additional coursework in the areas of deficiency through an institution accredited by the board at the appropriate level.

(D) An applicant whose certificate has been revoked by the board for more than three years but less than six years must, within this time period, meet the requirements listed in paragraph (C) of this rule and successfully complete one of the following refresher training courses at either an accredited site or approved site:

(1) At the first responder level, a first responder refresher course as outlined in rule 4765-12-03 of the Administrative Code;

(2) At the EMT-basic level, an EMT-basic refresher course as outlined in paragraph (B) of rule 4765-15-01 of the Administrative Code;

(3) At the EMT-intermediate level, an EMT-intermediate refresher course as outlined in paragraph (D) of rule 4765-16-01 of the Administrative Code;

(4) At the EMT-paramedic level, an EMT-paramedic refresher course as outlined in paragraph (C) of rule 4765-17-01 of the Administrative Code;

(5) If an acceptable refresher course, as referenced in 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, to provide training at the level of certification sought.

(E) An applicant whose certificate has been revoked by the board for six years or more must complete a new course of instruction and meet all requirements for a certificate to practice as set forth in rule 4765-8-01 of the Administrative Code.

(F) The board shall not reinstate a certificate to practice that has been permanently revoked.

(G) An applicant must meet all requirements for eligibility prior to taking any examination.

(H) An applicant who qualifies for reinstatement is eligible to be reinstated at any level at or below the level previously held by such applicant.

(I) In addition to having an applicant meet the requirements set forth in this rule, the board may also take into consideration other relevant factors, including but not limited to the following, when determining whether to grant a request for reinstatement:

(1) The nature and severity of the acts which resulted in revocation or suspension of the applicant’s certificate;

(2) The time elapsed since the revocation or suspension;

(3) Additional convictions or violations of the Revised Code occurring after the revocation or suspension;

(4) Any evidence of rehabilitation, including but not limited to appropriate treatment or counseling, which the applicant may submit to the board;

(5) Evidence of additional education or training, which the applicant may submit to the board;

(6) Compliance with previous board orders, board-approved consent agreements, or court order sentencing;

(7) Employment history, including compliance with any departmental discipline, which the applicant may submit to the board.

Effective: 02/01/2009

R.C. 119.032 review dates: 11/13/2008 and 02/13/2011

Promulgated Under: 119.03

Statutory Authority: 4765.11

Rule Amplifies: 4765.30

Prior Effective Dates: 2/13/06