Chapter 4766-3 Ambulettes

4766-3-01 [Effective until 8/1/2017] Definitions.

(A) "Ambulette Service" has the same meaning as "nonemergency medical service organization" as defined in division (O) of section 4766.01 of the Revised Code.

(B) "Board" means the Ohio medical transportation board as described in section 4766.02 of the Revised Code.

(C) "Client" means an individual who requires the use of a wheelchair or who is confined to a wheelchair and is transported by an ambulette in order to receive health care services at a health care facility or health practitioner's office in non-emergency circumstances.

(D) "Headquarters" means the location from which a licensee operates and designated by the licensee as the location where the records described in this chapter are maintained or readily available.

(E) "Operate" means to engage in conduct or activity in furtherance of the licensed activity at or from a physical location owned, leased or maintained by the licensee where employees report to work and vehicles or aircraft are stored. Operate also includes the act of receiving a person within Ohio for transportation to a location within Ohio.

(F) "Readily Available" means produced upon demand by the board.

(G) "Reinspection Fee" means a fee required to conduct an inspection as a result of the issuance of a notice of deficiency, also referred to as a notice of non-compliance with a provision of Chapter 4766. of the Revised Code or rule 4766 of the Administrative Code, by the board, or its designee, to a licensee or license applicant, regarding a permitted ambulette or an ambulette for which a permit application is pending.

(H) "Satellite Base" means a physical location other than headquarters from which a licensee operates.

(I) "Service Code" has the same meaning as service number.

(J) "Service Number" means the number assigned to the licensee by the Ohio medical transportation board for the purpose of identifying and validating the service or licensee.

(K) "Temporary Vehicle" means an ambulette issued a temporary permit used to replace a permitted ambulette in accordance with rule 4766-3-12 of the Administrative Code that is out of service until the permitted ambulette is returned to service not to exceed sixty days.

Cite as Ohio Admin. Code 4766-3-01

Effective: 04/16/2012
R.C. 119.032 review dates: 04/16/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.01

4766-3-01 [Effective 8/1/2017] Definitions.

[Comment: For dates and availability of material incorporated by reference in this chapter of the Administrative Code, see rule 4766-3-18 of the Administrative Code.]

(A) "Advanced emergency medical technician" or "AEMT" is a person holding a current and valid certificate to practice issued under Chapter 4765. of the Revised Code authorizing the holder to provide medical care as set forth in rule 4765-16-04 of the Administrative Code.

(B) "Ambulette service" has the same meaning as "nonemergency medical service organization" as defined in division ( P) of section 4766.01 of the Revised Code.

(C) "Board" means the state board of emergency medical, fire, and transportation services within the division of emergency medical services of the department of public safety set forth in section 4765.02 of the Revised Code.

(D) "Client" means an individual who requires the use of a wheelchair or who is confined to a wheelchair and is transported by an ambulette in order to receive health care services at a health care facility or health practitioner's office in non-emergency circumstances.

(E) "Division" means the division of emergency medical services within the department of public safety.

(F) "Emergency medical responder" or "EMR" is a person holding a current and valid certificate to practice issued under Chapter 4765. of the Revised Code authorizing the holder to provide medical care as set forth in rule 4765-12-04 of the Administrative Code.

(G) "Emergency medical technician" or "EMT" is a person holding a current and valid certificate to practice issued under Chapter 4765. of the Revised Code authorizing the holder to provide medical care as set forth in rule 4765-15-04 of the Administrative Code.

(H) "Headquarters" means the location from which a licensed ambulette service operates and designated by the licensed ambulette service as the location where the records set forth in this chapter are maintained or readily available.

(I) "Inspection fee" means a fee required to be paid for the inspection of a permitted vehicle.

(J) "License" means a certificate of licensure issued by the board to the service, also known as the licensed ambulette service.

(K) "Operate" means to engage in conduct or activity in furtherance of the licensed activity at or from a physical location owned, leased or maintained by the licensed ambulette service where employees report to work and vehicles are stored. Operate also includes the act of receiving a person within Ohio for transportation to a location within Ohio.

(L) "Paramedic" is a person holding a current and valid certificate to practice issued under Chapter 4765. of the Revised Code authorizing the holder to provide medical care as set forth in rule 4765-17-03 of the Administrative Code.

(M) "Permit" is the authorization to operate issued by the board as set forth in section 4766.07 of the Revised Code for a specific vehicle, known as the "permitted vehicle" and requires the issuance of a decal for the permitted vehicle by the board or its designee.

(N) "Readily available" means produced upon demand by the board.

(O) "Reinspection fee" means a fee required to conduct an inspection as a result of the issuance of a violation notification by the board or its designee, to a licensed ambulette service or license applicant, regarding a permitted ambulette or an ambulette for which a permit application is pending with the board.

(P) "Satellite base" means a physical location other than the headquarters from which an ambulette service, licensed as set forth in Chapter 4766. of the Revised Code operates.

(Q) "Service number" or "service code" means the number assigned to the licensed ambulette service by the board for the purpose of identifying and validating the service or permitted ambulette.

(R) "Temporary vehicle" means an ambulette issued a temporary permit used to replace a permitted ambulette in accordance with rule 4766-3-12 of the Administrative Code that is out of service until the permitted ambulette is returned to service or is replaced. A temporary vehicle may be used for a time period not to exceed sixty days.

(S) "Violation notification" means a written form issued by the board or its designee during an inspection or investigation identifying deficiencies in record keeping requirements, vehicle roadworthiness requirements, or equipment requirements by a service or its vehicle(s).

Cite as Ohio Admin. Code 4766-3-01

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/17/2017 and 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.01
Prior Effective Dates: 04/16/2012

4766-3-02 [Effective until 8/1/2017] Application for initial or renewal licensure.

(A) An ambulette service applying for licensure shall file with the board an application on the form prescribed by the board, as published on the board's website at http://omtb.ohio.gov/Forms/Form2.pdf, dated April 16, 2012, in the English language, and shall submit the completed application to the board accompanied by the appropriate fee as defined in rule 4766-3-03 of the Administrative Code.

(B) In addition to the requirements set forth in section 4766.04 of the Revised Code, for each application the ambulette service applicant shall provide:

(1) The name, organizational structure and address of applicant as follows:

(a) Name;

(b) Identification of organizational structure as a corporation (whether for profit or not-for-profit); limited liability company; partnership; limited liability partnership; government unit; or sole proprietor (individual human);

(c) All other names under which applicant plans to operate;

(d) Copies of all trade name registrations and fictitious name registrations for all other names under which applicant plans to operate on file with the Ohio secretary of state;

(e) Address of physical location of applicant's headquarters (no post office box);

(f) Mailing address of applicant;

(2) All medicare provider numbers, all medicaid provider numbers, if applicable;

(3) Service areas including county and state;

(4) The street address, city, county, state, and zip code for each satellite base;

(5) The name of the primary contact person, business or administrative office telephone number, and if applicable, office fax number and e-mail address of applicant;

(6) Names of all officers, directors, and/or owners of applicant;

(7) Year of manufacture, make, model, vehicle identification number, odometer reading, license plate number (renewal only) of each ambulette applicant seeks to be permitted;

(8) A color photograph of the side of applicant's ambulette displaying color scheme, insignia, monogram, or other distinguishing characteristic. If multiple color schemes, insignias, monograms, or other distinguishing characteristics are used, a color photograph of each must accompany application. (Digital photographs are preferred.);

(9) A current certificate of liability insurance in the name of applicant, listing Ohio medical transportation board as a certificate holder with a thirty day cancellation notice as specified in section 4766.06 of the Revised Code;

The actual name on the licensure application shall appear on the certificate of liability insurance;

(C) Each applicant shall pay the appropriate fees as specified in rule 4766-3-03 of the Administrative Code.

(D) If an application for licensure is incomplete, the board will notify the applicant that the application will not be processed until it is complete. Such notification will occur via certified mail one time for each submission.

(E) No applicant or licensee shall submit false statements in order to obtain a license or permit.

(F) A license is not transferable.

Replaces: 4766-3-01

Cite as Ohio Admin. Code 4766-3-02

Effective: 04/16/2012
R.C. 119.032 review dates: 04/16/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.03 , 4766.04, 4766.07
Prior Effective Dates: 07/02/2009

4766-3-02 [Effective 8/1/2017] Application for initial or renewal licensure.

[Comment: For dates and availability of material incorporated by reference in this chapter of the Administrative Code, see rule 4766-3-18 of the Administrative Code.]

(A) An ambulette service applying for initial licensure shall file with the board an "Application for Ambulette License" form in the English language, and shall submit the completed application to the board :

(1) Accompanied by the appropriate fees as set forth in rule 4766-3-03 of the Administrative Code; and

(2) With all required supporting documentation as set forth in this rule.

(B) An ambulette service applying for renewal of a license shall file with the board a "Renewal Application for Ambulette License" form in the English language, and shall submit the completed application to the board:

(1) Accompanied by the appropriate fees as set forth in rule 4766-3-03 of the Administrative Code; and

(2) With all required supporting documentation as set forth in this rule that must be received by the board prior to the expiration date of the license.

(C) In addition to the requirements set forth in section 4766.04 of the Revised Code, for each application the ambulette service applicant shall provide and maintain documentation of:

(1) The name of service, organizational structure and address of applicant as follows:

(a) Name;

(b) Identification of organizational structure as a corporation (whether for profit or not-for-profit); limited liability company; partnership; limited liability partnership; government unit; or sole proprietor (individual human);

(c) Tax identification (tax ID) number or employer identification number (EIN);

(d) All other names under which applicant plans to operate while using the same tax ID or EIN number. Business organizations with different tax ID or EIN numbers cannot operate under the same license;

(e) Copies of all trade name registrations and fictitious name registrations for all other names under which applicant plans to operate on file with the Ohio secretary of state;

(f) Address of physical location of applicant's headquarters (no post office box);

(g) Mailing address of applicant; and

(h) List of all ambulette drivers working for the service and the date of hire for each ambulette driver.

(2) All medicaid provider numbers, if applicable;

(3) Service areas including county and state;

(4) For each satellite base, the ambulette service shall provide the physical address, city, county, state, and zip code ;

(5) The name of the primary contact person(s), business or administrative office telephone number, email address of applicant, and if applicable, office fax number ;

(6) A list of the names of all officers, directors, and/or owners of applicant/ambulette service;

(7) Year of manufacture, make, model, vehicle identification number, service's vehicle number, odometer reading, and license plate number (renewal only) of each ambulette applicant seeks to be permitted;

(8) A color photograph of the side of applicant's ambulette displaying color scheme, insignia, monogram, or other distinguishing characteristic. If multiple color schemes, insignias, monograms, or other distinguishing characteristics are used, a color photograph of each shall accompany application.

(a) Color photographs shall be submitted to the division:

(i) With all initial "Application for Ambulette License" forms; and

(ii) Within thirty days of the date a change is made to the vehicle's color scheme, insignia, monogram, or other distinguishing characteristics.

(b) Digital photographs are preferred.

(9) A current and valid certificate of liability insurance in the name of applicant, listing the board as a certificate holder with a thirty day cancellation notice as specified in section 4766.06 of the Revised Code;

(a) The actual name on the license application shall appear on the certificate of liability insurance;

(b) Each permitted vehicle with vehicle identification number (VIN) shall be listed on the certificate of liability insurance.

(D) An application that is not completed in the manner specified on the application or does not include all required documentation shall be deemed incomplete.

(E) An application deemed incomplete shall not be considered and may be returned with the notation to the applicant indicating the reason the application is incomplete.

(F) Failure to provide the required documents within thirty days of the date the initial "Application for Ambulette License" form is received by the division may result in the application being deemed incomplete.

(G) An ambulette service shall submit a completed "Renewal Application for Ambulette License" form, appropriate fees, and supporting documentation to the board prior to the expiration of the ambulette service's license in order to be considered timely.

(H) No applicant or licensed ambulette service shall submit false, misleading, or deceptive information in order to obtain a license or permit.

(I) A license is only valid for the ambulette service for which it is issued and is not transferable.

Cite as Ohio Admin. Code 4766-3-02

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/17/2017 and 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.03 , 4766.04, 4766.07
Prior Effective Dates: 07/02/2009, 04/16/2012

4766-3-03 [Effective until 8/1/2017] Fees.

(A) Each ambulette service shall pay the following license fee annually:

Initial or renewal license fee of one hundred dollars.

(B) Each ambulette service shall pay a permit fee for each ambulette of fifty dollars annually;

(C) Each ambulette service shall pay an inspection fee of fifty dollars per ambulette annually;

(D) Each ambulette service shall pay a fifty dollars reinspection fee for every ambulette that requires reinspection as a result of a deficiency issued by the Ohio medical transportation board.

(E) Each ambulette service shall pay a fifty dollar fee for each temporary vehicle permit to be issued.

Replaces: 4766-3-02

Cite as Ohio Admin. Code 4766-3-03

Effective: 04/16/2012
R.C. 119.032 review dates: 04/16/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.05
Prior Effective Dates: 08/18/2005, 05/03/2007

4766-3-03 [Effective 8/1/2017] Fees.

(A) Each ambulette service shall pay an initial or renewal license fee of one hundred dollars annually.

(B) Each ambulette service shall pay a permit fee for each ambulette of fifty dollars annually;

(C) Each ambulette service shall pay an inspection fee of fifty dollars per ambulette annually;

(D) Each ambulette service shall pay a fifty dollar reinspection fee for every ambulette that requires reinspection as a result of a violation notification issued by the board or its designee.

(E) Each ambulette service shall pay a fifty dollar fee for each temporary vehicle permit to be issued.

(F) Fees shall be submitted with the application.

(G) All fees are nonrefundable.

(H) Each ambulette service shall pay a re-print fee of five dollars for each vehicle decal that shall be re-printed as a result of the decal being lost, damaged, incorrectly applied, or incorrect vehicle information provided to the division by the service.

Cite as Ohio Admin. Code 4766-3-03

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/17/2017 and 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.05
Prior Effective Dates: 08/18/2005, 05/03/2007, 04/16/2012

4766-3-04 [Effective until 8/1/2017] Physical facilities.

(A) The board shall conduct initial and renewal inspections of all ambulette services pursuant to Chapter 4766. of the Revised Code and rules 4766-3-04, 4766-3-05, and 4766-3-06 of the Administrative Code to include the following:

(1) Ambulette service headquarters;

(2) Ambulette service satellite base(s).

(B) An ambulette service shall not commence operations from its headquarters or satellite(s) until the ambulette service has met all requirements set forth in Chapter 4766. of the Revised Code and agency 4766 of the Administrative Code including satisfactory inspections of all physical locations.

(C) An ambulette service shall ensure compliance with the inspection requirements for physical facilities. The inspection requirements for physical facilities of an ambulette service are as follows:

Board issued license shall be prominently displayed in conspicuous location at every licensed facility;

(D) The board may conduct routine unannounced inspections at any location of licensed ambulette service at any time, including night or weekend inspections to determine compliance with Chapter 4766. of the Revised Code and agency 4766 of the Administrative Code to include, but not limited to, the following:

(1) Ambulette service headquarters;

(2) Ambulette service satellite base(s);

(3) Ambulettes.

Cite as Ohio Admin. Code 4766-3-04

Effective: 04/16/2012
R.C. 119.032 review dates: 04/16/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.03 , 4766.04

4766-3-04 [Effective 8/1/2017] Physical facilities.

(A) The board or its designee shall conduct initial and renewal inspections of all ambulette services pursuant to Chapter 4766. of the Revised Code and rules 4766-3-04 to 4766-3-06 of the Administrative Code to include the following:

(1) Ambulette service headquarters;

(2) Ambulette service satellite base(s).

(B) An ambulette service shall not commence operations from its headquarters or satellite bases until the ambulette service has met all requirements set forth in Chapter 4766. of the Revised Code and agency 4766 of the Administrative Code including satisfactory inspections of all physical locations.

(C) An ambulette service shall ensure compliance with the inspection requirements for physical facilities. The inspection requirements for physical facilities of an ambulette service are as follows:

(1) The board issued license shall be prominently displayed in a conspicuous location at every licensed facility (renewal inspection only);

(2) The physical facilities shall be clean and free of debris.

(D) The board or its designee may conduct routine unannounced inspections at any location of licensed ambulette service at any time, including night or weekend inspections to determine compliance with Chapter 4766. of the Revised Code and agency 4766 of the Administrative Code to include, but not limited to, the following:

(1) Ambulette service headquarters;

(2) Ambulette service satellite base(s);

(3) Ambulettes.

Cite as Ohio Admin. Code 4766-3-04

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/17/2017 and 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.03 , 4766.04
Prior Effective Dates: 04/16/2012

4766-3-05 [Effective until 8/1/2017] Transportation records.

(A) Each licensed ambulette service shall maintain accurate records concerning the transportation of each client;

All client transportation records shall be generated and completed immediately upon completion of the transport and shall include the following:

(1) Client name;

(2) Address of:

(a) Client pick up location; and

(b) Client destination (drop off location);

(3) Date and time of:

(a) Ambulette arrival at client pick up location; and

(b) Ambulette arrival at client destination (drop off location);

(4) Name or ID number of ambulette driver.

(B) Each licensed ambulette service shall maintain a current certificate of liability insurance issued by an insurer licensed to do business in this state that includes a thirty day notice of cancellation to the board in compliance with the terms set forth in Chapter 4766. of the Revised Code listing Ohio medical transportation board as certificate holder.

(C) A licensed ambulette service shall make all client transportation record(s) and ambulette maintenance/repair records available to the board or its designee, upon demand, during any inspection, announced or unannounced.

(D) Client transportation records shall be maintained by the licensee for a period of seven years after the date of transport.

Replaces: 4766-3-03

Cite as Ohio Admin. Code 4766-3-05

Effective: 04/16/2012
R.C. 119.032 review dates: 04/16/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.06
Prior Effective Dates: 08/18/2005

4766-3-05 [Effective 8/1/2017] Record keeping requirements.

(A) Each licensed ambulette service shall maintain or have readily available at its headquarters accurate records concerning the transportation of each client;

All client transportation records shall be generated and completed immediately upon completion of the transport and shall include, at minimum, the following:

(1) Client name;

(2) Address of:

(a) Client pick up location; and

(b) Client destination (drop off location);

(3) Date and time of:

(a) Ambulette arrival at client pick up location; and

(b) Ambulette arrival at client destination (drop off location);

(4) Name or ID number of ambulette driver;

(5) Service vehicle number.

(B) Each licensed ambulette service shall maintain a current and valid certificate of liability insurance issued by an insurer licensed to do business in this state that includes a thirty day notice of cancellation to the board in compliance with the terms set forth in Chapter 4766. of the Revised Code listing the board as certificate holder. Each scheduled vehicle must be listed on the certificate or attached on an additional page to the certificate to include the vehicles year, make, model and vehicle identification number, (VIN). If the certificate lists, "any auto" or "all owned autos" a list of vehicles does not have to be included or attached.

(C) A licensed ambulette service shall make all client transportation record(s) and ambulette maintenance/repair records available to the board or its designee, upon demand, during any inspection, announced or unannounced.

(D) A licensed ambulette service shall maintain documentation of compliance with the periodic mechanical safety inspection set forth in rule 4766-3-09 of the Administrative Code.

(E) Client transportation records shall be maintained by the licensee for a period of seven years after the date of transport.

Cite as Ohio Admin. Code 4766-3-05

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/17/2017 and 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.06
Prior Effective Dates: 08/18/2005, 04/16/2012

4766-3-06 Communication requirements.

(A) The ambulette service shall be capable of two-way communication with all the service's permitted ambulette(s):

(B) All portable communication devices shall maintain either a one hundred ten volt or twelve volt power source backup for each communication device.

Replaces: 4766-3-09

Cite as Ohio Admin. Code 4766-3-06

Five Year Review (FYR) Dates: 03/17/2017 and 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.07
Prior Effective Dates: 08/18/2005, 04/16/2012

4766-3-07 [Effective until 8/1/2017] Ambulette license plates.

Cite as Ohio Admin. Code 4766-3-07

Effective: 04/16/2012
R.C. 119.032 review dates: 12/22/2011
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.07, 4503.49
Prior Effective Dates: 08/18/2005

4766-3-07 [Effective 8/1/2017] Ambulette license plates.

Permitted ambulette vehicles shall bear "Ambulette" license plates issued as set forth in section 4503.49 of the Revised Code, or shall comply with:

(A) Residency registration requirements set forth in section 4503.111 of the Revised Code.

(B) Vehicle specific BMV license plate requirements for vehicles with a gross vehicle weight rating (GVWR) of ten thousand pounds or more.

(C) Permitted ambulette(s) owned and operated by a federal, state, county, city, or township or a service that qualifies for gratis license plates from the bureau of motor vehicles are not required to bear ambulette license plates.

Cite as Ohio Admin. Code 4766-3-07

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.07, 4503.49, 4503.111

4766-3-08 [Effective until 8/1/2017] Vehicle inspections.

(A) The board shall inspect all ambulettes for roadworthiness and for appropriate equipment as prescribed in rule 4766-3-10 of the Administrative Code.

(B) In order to qualify for an ambulette permit, an ambulette shall contain the equipment set forth in rule 4766-3-10 of the Administrative Code.

(C) In order to receive a permit, an ambulette shall meet the requirements set forth below:

(1) Roadworthiness requirements:

(a) High and low beam headlights shall be operational;

(b) Clearance lights, marker lights and reflectors shall be operational (if applicable);

(c) High beam indicator light (on dashboard) shall be operational;

(d) Dashboard lights and interior lights shall be operational;

(e) Left and right tail lights shall be operational;

(f) Left and right front turn signals shall be operational;

(g) Left and right rear turn signals shall be operational;

(h) Left and right brake lights shall be operational;

(i) License plate light shall be operational;

(j) Back up light(s) shall be operational;

(k) Audible back up alarms shall be operational;

(l) Tread depth on each tire shall be minimum of one sixteenth inch;

(m) Tread or sidewall of tires shall be free of major deformities;

(n) Rims/wheels shall be free of significant damage;

(o) Each tire shall have full range-of-motion without rubbing chassis or body;

(p) Brake pedal travel shall not exceed:

(i) Two thirds travel in vehicles with non-assisted brakes;

(ii) Four fifths travel in vehicles with power assisted brakes;

(q) Emergency/parking brake shall be operational;

(r) Windshield shall be without breach, unobstructed;

(s) Windshield wipers and washer shall be operational;

(t) Windows shall be without breach and consistent with original equipment manufacturer specifications;

(u) Exhaust system shall be properly secured and without breach;

(v) Steering shaft shall be secure with no more than one quarter turn play;

(w) Power steering shall operate properly;

(x) Rear view mirrors and side view mirrors shall be installed in accordance with the original equipment manufacturer and shall be without any breach;

(y) Horn shall be operable and audible;

(z) Heater, defroster, and air conditioner shall be properly installed and operational;

(aa) Each seat shall be securely fastened to the floor;

(bb) Floor of vehicle shall be intact and free of holes;

(cc) Interior of vehicle shall be free of broken tubing, protruding metal, protruding plastic, debris, and trash;

(dd) Safety belts for driver and passengers, including wheelchair clients, shall be operational and free of visible damage;

(ee) Vehicle body and frame shall have structural integrity without breach;

(ff) Each shock/spring shall be mounted and intact;

(gg) Fuel tank shall be free of leaks and securely mounted;

(hh) License plates shall be properly mounted on front and rear of vehicle (if required by state law);

(2) The name of the ambulette service shall be permanently affixed with each letter being a minimum of three inches in height on both sides and each letter being a minimum of one and one half inches in height on the rear of the ambulette.

If an ambulette service is under contract which requires other signage, the ambulette service's name and service code shall be permanently affixed with each letter being at a minimum of three inches in height on both sides and one and one half in height on the rear of vehicle.

(3) All board identified deficiencies must be corrected. The vehicle shall be placed out-of-service until it passes reinspection by the board.

(4) Ambulette configuration

(a) For vehicles in excess of twenty-two feet in length, the overhead clearance between the top of the door opening and the raised lift platform, or highest point of a ramp, shall be a minimum of sixty-eight inches. For vehicles of twenty-two feet in length or less, the overhead clearance between the top of the door opening and the raised lift platform, or highest point of a ramp, shall be a minimum of fifty-six inches;

(b) Each vehicle must be specifically designed to transport one or more patients sitting in wheelchairs and have permanent fasteners to secure the wheelchair to the floor or side of the vehicle to prevent wheelchair movement;

(c) Each vehicle must have safety restraints in the vehicle for the purpose of restraining the patient in the wheelchair;

(d) Each vehicle must be equipped with a stable access ramp or hydraulic lift;

(e) Each vehicle must have provisions for secure storage of removable equipment and passenger property in order to prevent projectile injuries to passengers and driver in the event of an accident.

(D) Upon issuance of a vehicle permit, each licensed ambulette service shall apply the decal on the outside of the right rear window in accordance with division (B)(2) of section 4766.07 of the Revised Code on each ambulette.

The permit must be unobstructed at all times.

(E) A permit is not transferable.

(F) The board may conduct routine unannounced inspections at any location of licensed ambulette service at any time, including night or weekend inspections to determine compliance with Chapter 4766. of the Revised Code and agency 4766 of the Administrative Code to include, but not limited to, ambulettes.

(G) A permitted ambulette shall maintain compliance with roadworthy requirements set forth in this rule at any time it is used as an ambulette.

(H) Each permitted ambulette shall be free from dirt, stains, impurities, and/or foreign matter in driver's compartment and ambulette client compartments.

Replaces: 4766-3-04

Cite as Ohio Admin. Code 4766-3-08

Effective: 04/16/2012
R.C. 119.032 review dates: 04/16/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.07
Prior Effective Dates: 08/18/2005

4766-3-08 [Effective 8/1/2017] Vehicle inspections and equipment requirements.

[Comment: For dates and availability of material incorporated by reference in this chapter of the Administrative Code, see rule 4766-3-18 of the Administrative Code.]

(A) The board or its designee shall inspect all ambulettes for roadworthiness and for appropriate equipment as set forth in the "Ambulette Inspection" form.

(B) A permitted ambulette that is being used as an ambulette shall comply with the requirements of roadworthiness and the requirements set forth in the "Ambulette Inspection" form, which shall include carrying the following types of equipment:

(1) Fire extinguisher;

(2) Blanket;

(3) Disinfectants;

(4) Oxygen equipment;

(5) Isolation equipment; and

(6) First aid equipment.

(C) The name of the ambulette service shall be permanently affixed to each ambulette with letters being a minimum height of three inches on both sides and a minimum height of one and one half inches on the back.

If an ambulette service is under contract which requires other signage or if the ambulette service is operating under another name, each vehicle shall have permanently affixed lettering with a minimum height of one and one half inches on the rear and both sides of the vehicle that states:

(1) Owned and operated by [ambulette service's name]; or

(2) Operated by [ambulette service's name]; or

(3) Owned by [ambulette service's name].

(D) All violation notifications issued by the board or its designee shall be corrected. Each vehicle that receives a violation notification shall be placed out-of-service until:

(1) It passes reinspection by the board or its designee; or

(2) For seventy-two hour violation notifications, the violation has been corrected and the "Violation Notification" form is signed and returned to the division along with supporting documentation showing the violation has been corrected.

(E) Ambulette configuration:

(1) For vehicles in excess of twenty-two feet in length, the overhead clearance between the top of the door opening and the raised lift platform, or highest point of a ramp, shall be a minimum of sixty-eight inches. For vehicles of twenty-two feet in length or less, the overhead clearance between the top of the door opening and the raised lift platform, or highest point of a ramp, shall be a minimum of fifty-six inches;

(2) Each vehicle shall be specifically designed to transport one or more patients sitting in wheelchairs and have four point permanent fasteners to secure the wheelchair to the floor or side of the vehicle to prevent wheelchair movement;

(3) Each vehicle shall have safety restraints in the vehicle for the purpose of restraining the patient in the wheelchair;

(4) Each vehicle shall be equipped with a stable access ramp or hydraulic lift;

(5) Each vehicle shall have provisions for secure storage of removable equipment and passenger property in order to prevent projectile injuries to passengers and driver in the event of an accident. Containers and/or straps must be secured and permanently mounted to the vehicle and in proper working order. Elastic straps, such as bungee cords, are prohibited.

(F) Upon issuance of a vehicle permit, each licensed ambulette service shall apply the decal on the outside of the right rear window in accordance with division (B)(2) of section 4766.07 of the Revised Code on each ambulette.

The permit shall be unobstructed at all times.

(G) A permit is not transferable.

(H) The board or its designee may conduct routine unannounced inspections at any location of licensed ambulette service at any time, including night or weekend inspections to determine compliance with Chapter 4766. of the Revised Code and agency 4766 of the Administrative Code to include, but not limited to, ambulettes.

(I) A permitted ambulette shall maintain compliance with roadworthiness requirements set forth in this rule at any time it is used as an ambulette.

(J) Each permitted ambulette shall be free from dirt, stains, impurities, and/or foreign matter in driver's compartment and ambulette client compartments.

(K) Permitted ambulettes shall bear license plates issued as set forth in rule 4766-3-07 of the Administrative Code.

Replaces: Former 4766-3-08 and part of former 4766-3-10

Cite as Ohio Admin. Code 4766-3-08

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.03 , 4766.04, 4766.07
Prior Effective Dates: 08/18/2005, 04/16/2012

4766-3-09 [Effective until 8/1/2017] Maintenance documentation.

(A) All licensed ambulette services shall maintain documentation of all periodical maintenance and repairs performed on each permitted ambulette to include:

(1) Date of service or repair;

(2) Description of service/repair performed;

(3) Documentation of who performed service/repair.

(B) Out of service permitted ambulettes

(1) If a licensed ambulette service removes a permitted ambulette from service it shall place an "out of service" sign in the permitted ambulette to be visible through the windshield with the following information included on the sign:

(a) Date permitted ambulette was taken out of service;

(b) Odometer reading at time permitted ambulette was taken out of service;

(c) Reason permitted ambulette was taken out of service;

(d) Printed name and signature of person responsible for taking permitted ambulette out of service;

(e) The words "out of service" utilizing not less than three inch lettering on front of sign.

(2) If the permitted ambulette is off premises at a repair/maintenance shop for maintenance purposes, no "out of service" sign is required.

(C) Ambulette maintenance/repair records shall be kept for a period of twelve months after the vehicle is removed from inventory.

Replaces: 4766-3-04, 4766-3-08

Cite as Ohio Admin. Code 4766-3-09

Effective: 04/16/2012
R.C. 119.032 review dates: 04/16/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.07
Prior Effective Dates: 08/18/2005

4766-3-09 [Effective 8/1/2017] Maintenance documentation.

[Comment: For dates and availability of material incorporated by reference in this chapter of the Administrative Code, see rule 4766-3-18 of the Administrative Code.]

(A) All licensed ambulette services shall maintain documentation of all periodic maintenance and repairs performed on each permitted ambulette to include:

(1) Date of service or repair;

(2) Description of service/repair performed;

(3) Documentation of who performed service/repair and the business name, if applicable;

(4) VIN number of the vehicle being repaired;

(5) Odometer reading of ambulette at the time of repair.

(B) Licensed ambulette services shall subject all permitted ambulettes to periodic mechanical safety inspection(s), which shall be documented by the service.

(1) A periodic mechanical safety inspection shall mean an inspection conducted:

(a) Prior to a vehicle's initial permit being issued for vehicles with an odometer reading of twelve thousand miles or more, and;

(b) Annually and completed within the six month period prior to the ambulette service's license expiration date, or;

(c) Every twenty-five thousand miles for a vehicle that has an odometer reading of one hundred fifty thousand miles or more.

The mechanic shall attest that the vehicle was inspected, mechanically safe, and roadworthy at the time of inspection. The mechanic shall complete and sign a "Periodic Mechanical Safety Report" for each vehicle and these reports shall be maintained by the service in the vehicle's maintenance records.

(2) Each mechanical safety inspection shall be conducted by a mechanic with factory training and certification from an original (motor vehicle) equipment manufacturer or equivalent certification for "Emergency Vehicle Technicians" (EVT) or from the "National Institute for Automotive Service Excellence" (ASE).

(3) Each mechanical safety inspection shall be conducted in addition to the vehicle and equipment inspection by the board or its designee following the procedures adopted in rule 4766-3-08 of the Administrative Code.

(4) Vehicles with failed items found during the mechanical safety inspection shall be removed from service and not placed back into service until items are corrected. Proof of correction(s) shall be maintained by the service with the "Periodic Mechanical Safety Report" form in the vehicle's maintenance records. Licensed ambulette services shall subject all licensed ambulettes to periodic mechanical safety inspection(s), which shall be documented by the service.

(C) All licensed ambulette services shall maintain documentation of all periodic maintenance, repairs and cleaning performed on passenger compartment of the vehicle to include:

(1) Daily inspection and cleaning of the interior passenger compartment of each vehicle and lift/ramp to include:

(a) Ramp/lift clean and free of debris;

(b) Ramp/lift properly secured to the vehicle with no excess movement;

(c) Ramp/lift overall operating condition, including operating the ramp to verify that it is working properly;

(d) Vehicle interior is clean, floors are clean and free of debris;

(e) Floor or wall wheelchair locking mechanism and/or floor rails or fasteners and straps and locks for securing wheelchair are clean and in proper working order;

(f) Passenger restraint belts in proper working order;

(g) Properly functioning heat and air conditioning.

(h) Elastic straps, such as bungee cords, are prohibited from being used to secure equipment or supplies.

(2) Date of inspection, service/repair and cleaning;

(3) Description of service/repair performed;

(4) Documentation of who performed service/repair and the business name, if applicable.

(D) Out of service permitted ambulettes:

(1) If a licensed ambulette service removes a permitted ambulette from service it shall place an "out of service" sign in the permitted ambulette to be visible through the windshield with the following information included on the sign:

(a) Date permitted ambulette was taken out of service;

(b) Odometer reading at time permitted ambulette was taken out of service;

(c) Reason permitted ambulette was taken out of service;

(d) Printed name and signature of person responsible for taking permitted ambulette out of service;

(e) The words "out of service" utilizing not less than three inch lettering on front of sign.

(2) If the permitted ambulette is off premises at a repair/maintenance shop for maintenance purposes, no "out of service" sign is required.

(E) Ambulette maintenance/repair records shall be kept for a period of twelve months after the vehicle is removed from inventory.

Cite as Ohio Admin. Code 4766-3-09

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/17/2017 and 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.07
Prior Effective Dates: 08/18/2005, 04/16/2012

4766-3-10 [Effective until 8/1/2017] Equipment requirements.

(A) Each ambulette shall maintain the following equipment on-board at all times:

(1) One five pound ABC fire extinguisher, permanently mounted;

(2) One blanket;

(3) Disinfectant for surfaces & equipment;

(4) Waterless disinfectant for hands;

(5) Permanent mount oxygen cylinder securement device;

(6) One bio-hazard disposal kit

(a) Bio-hazard disposal kit shall include, at a minimum:

(i) Safety shield/mask;

(ii) Impervious gown;

(iii) Disposable gloves;

(iv) Bio-waste bag;

(v) Antimicrobial hand wipes;

(vi) Disposal bag with ties;

(vii) Germicidal disinfectant with dry wipe;

(viii) Pick-up scoop with scraper; and

(ix) Solidifying agent;

(b) Biohazard disposal kit may be combined with first aid kit to create combination box;

(7) One first aid kit

(a) First aid kit shall include, at a minimum:

(i) Adhesive bandages;

(ii) Sterile 4 x 4 gauze pads;

(iii) Individually wrapped roller bandages;

(iv) Scissors;

(v) CPR mask; and

(vi) Antiseptic/alcohol preps;

(8) Three red reflectors or three flares for emergency purposes;

(9) All items in the vehicle need to be secured in such a manner that they will not become a projectile.

Replaces: 4766-3-21

Cite as Ohio Admin. Code 4766-3-10

Effective: 04/16/2012
R.C. 119.032 review dates: 04/16/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.07
Prior Effective Dates: 08/18/2005

4766-3-10 [Rescinded effective 8/1/2017] Equipment requirements.

Cite as Ohio Admin. Code 4766-3-10

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/17/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.07
Prior Effective Dates: 08/18/2005, 04/16/2012

4766-3-12 [Effective until 8/1/2017] Temporary and disaster operations.

(A) In the event of a disaster situation when permitted ambulette(s) based in the locality of the disaster situation are incapacitated or insufficient in number to render ambulette(s) needed, a licensed ambulette service may utilize whatever means necessary to transport.

(B) An ambulette that has not been issued a permit by the board may be issued a temporary permit, for a period not to exceed sixty days, if the ambulette is used to replace a permitted ambulette that has been temporarily taken out of service for repair or maintenance. In order to obtain a temporary permit, an ambulette service shall submit a written application to the board containing:

(1) Vehicle identification number of the permitted ambulette;

(2) Date permitted ambulette was placed out of service;

(3) Vehicle identification number of the ambulette to receive a temporary permit;

(4) Date temporarily permitted ambulette is to be placed in service;

(5) Reason the permitted ambulette was taken out of service.

(C) The licensed ambulette service shall ensure that the fifty dollar fee prescribed in paragraph (E) of rule 4766-3-03 of the Administrative Code shall be received by the board within seven days of issuance of a temporary permit.

(D) A temporarily permitted ambulette shall not be operated unless it meets the requirements set forth in paragraph (B) of rule 4766-3-08 and rule 4766-3-10 of the Administrative Code and the insurance requirement set forth in Division (B) of section 4766.06 of the Revised Code.

(E) The ambulette service shall note the date of return to service of the permitted ambulette on the temporary permit.

(F) The licensed ambulette service shall return the temporary permit to the board within two days after the permitted ambulette is returned to service.

Replaces: 4766-3-15

Cite as Ohio Admin. Code 4766-3-12

Effective: 04/16/2012
R.C. 119.032 review dates: 04/16/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.07, 4766.09
Prior Effective Dates: 08/18/2005

4766-3-12 [Effective 8/1/2017] Temporary and disaster operations.

[Comment: For dates and availability of material incorporated by reference in this chapter of the Administrative Code, see rule 4766-3-18 of the Administrative Code.]

(A) In the event of a disaster situation when permitted ambulette(s) based in the locality of the disaster situation are incapacitated or insufficient in number to render ambulette(s) needed, a licensed ambulette service may utilize whatever means necessary to transport.

(B) An ambulette that has not been issued a permit by the board may be issued a temporary permit, for a period not to exceed sixty days, if the ambulette is used to replace a permitted ambulette that has been temporarily taken out of service for repair or maintenance or is being permanently replaced. In order to obtain a temporary permit, an ambulette service shall submit a "Temporary Ambulette Application" form to the board containing:

(1) Vehicle identification number of the permitted ambulette;

(2) Date permitted ambulette was placed out of service;

(3) Vehicle identification number of the ambulette to receive a temporary permit;

(4) Date temporarily permitted ambulette is to be placed in service;

(5) Reason the permitted ambulette was taken out of service.

(C) The licensed ambulette service shall ensure that the fifty dollar fee prescribed in paragraph (E) of rule 4766-3-03 of the Administrative Code shall be received by the board within seven days of issuance of a temporary permit.

(D) A temporarily permitted ambulette shall not be operated unless it meets the requirements set forth in paragraph (B) of rule 4766-3-08 of the Administrative Code and the insurance requirement set forth in division (B) of section 4766.06 of the Revised Code.

(E) The ambulette service shall note the date of return to service of the permitted ambulette on the temporary permit.

(F) The licensed ambulette service shall return the temporary permit to the board within two days after the permitted ambulette is returned to service.

Cite as Ohio Admin. Code 4766-3-12

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/17/2017 and 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.07, 4766.09
Prior Effective Dates: 08/18/2005, 04/16/2012

4766-3-13 [Effective until 8/1/2017] Driver training and qualifications.

(A) The ambulette service shall maintain and provide adequate documentation of the following driver operator requirements for each of its drivers:

(1) A copy of a valid driver/operator license issued pursuant to Chapter 4506. or 4507. of the Revised Code or its equivalent if the applicant is a resident of another state:

(a) Driver/operator must be at least eighteen years of age to operate an ambulette;

(b) Each ambulette driver must have at least two years driving experience;

(2) A copy of a valid driver/operator's abstract obtained from the bureau of motor vehicles at the time of the application for employment and annually thereafter;

(a) The date of the driving abstract submitted at the time of application shall be no more than fourteen calendar days prior to the date of application for employment;

(b) Driver/operators having six points or more on their driving abstract in accordance with section 4510.037 of the Revised Code cannot be an ambulette service driver;

(c) Ambulette service may use documentation from their commercial insurance carrier as proof the standard in this paragraph has been met.

(3) A copy of a valid certification in CPR and at least one of the following:

(a) Basic first aid;

Each driver/attendant must have proof of successful completion of the "American Red Cross" or equivalent certifying organization basic course in first aid as approved by the board;

(b) First responder;

(c) Emergency medical technician;

(4) Satisfactory completion of a passenger assistance training course to include the following elements:

(a) Major disabling conditions;

(b) Basic considerations for functional factors;

(c) Management of wheelchairs;

(d) Assistance and transfer techniques;

(e) Environmental considerations;

(f) Emergency procedures;

(5) A copy of a valid criminal background check in accordance with section 109.572 of the Revised Code .

(6) A copy of a valid signed statement from a physician acting within their scope of practice declaring that the driver/operator does not have a medical condition, physical condition, including vision impairment (not corrected), which could interfere with safe driving, passenger assistance, the provision of emergency treatment activity, or could jeopardize the health and welfare of client and/or general public;

(7) A copy of valid test results from an alcohol and controlled substances test to be conducted by a laboratory certified for such testing under "CLIA" and determined to be free of alcohol, drug of abuse, controlled substance, or metabolite of a controlled substance.

(a) Except as provided for in paragraph (C) of this rule, the tests must be performed and the results placed in the employee's file prior to rendering ambulette services;

(b) Repeat drug and alcohol testing must be performed at a minimum whenever the driver has been involved in a motor vehicle accident for which he/she was the driver.

(8) The ambulette service shall provide each driver/operator with an identification card visible to the client identifying their first name and last initial or a unique identifier and ambulette service affiliation.

(B) An ambulette service shall at all times maintain staffing of ambulette(s) by an ambulette driver who meets the requirements of division (A) of section 4766.15 of the Revised Code.

(C) An ambulette service may employ an applicant on a temporary provisional basis pending the completion of the requirements set for in paragraphs (A)(1) to (A)(7) of this rule. The provisional period shall be no more than sixty days.

(D) No ambulette service shall employ as an ambulette driver, any person who has been convicted of or plead guilty to violations described in divisions (A)(1)(a), (A)(2)(a), (A)(4)(a), and/or (A)(5)(a) of section 109.572 of the Revised Code or their equivalent in any jurisdiction unless the exceptions set forth in paragraphs (A) and (B) of rule 3701-13-06 of the Administrative Code apply.

(E) No ambulette service shall employ as an ambulette driver any person who has six points or more on their driving abstract in accordance with section 4510.037 of the Revised Code.

(F) No ambulette service shall employ any person as an ambulette driver unless that person has a valid driver/operator license issued pursuant to Chapter 4506. or 4507. of the Revised Code or its equivalent if the person is a resident of another state.

(G) No ambulette service shall employ any person as an ambulette driver unless the person is at least eighteen years of age and has at least two years driving experience.

(H) No ambulette service shall employ any person as an ambulette driver unless the person is currently certified in CPR and one of the following:

(1) Basic first aid;

(2) First responder;

(3) Emergency medical technician.

(I) No ambulette service shall employ any person as an ambulette driver unless the person has successfully completed a program designed for transporting clients with special needs described in paragraph (A)(4) of this rule.

Cite as Ohio Admin. Code 4766-3-13

Effective: 04/16/2012
R.C. 119.032 review dates: 12/22/2011 and 04/16/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.15
Prior Effective Dates: 08/18/2005, 07/02/2009

4766-3-13 [Effective 8/1/2017] Driver training and qualifications.

(A) The ambulette service shall maintain and provide adequate documentation of the following driver operator requirements for each of its drivers:

(1) A copy of a valid driver/operator license issued pursuant to Chapter 4506. or 4507. of the Revised Code or its equivalent if the applicant is a resident of another state:

(a) Driver/operator shall be at least eighteen years of age to operate an ambulette;

(b) Each ambulette driver shall have at least two years driving experience;

(2) A copy of a valid driver/operator's abstract obtained from the bureau of motor vehicles from the state in which the driver's license was issued at the time of the application for employment and annually thereafter;

(a) The date of the driving abstract submitted at the time of application shall be no more than fourteen calendar days prior to the date of application for employment;

(b) Driver/operators having six points or more on their driving abstract in accordance with section 4510.036 of the Revised Code cannot be an ambulette service driver;

(c) Ambulette service may use documentation from their commercial insurance carrier as proof the standard in this paragraph has been met. This document must include the names of all insured drivers verifying the eligibility of the driver.

(3) A copy of a current and valid certification in adult cardiopulmonary resuscitation(CPR) and shall include hands on training from the "American Red Cross," "American Heart Association," or "American Safety and Health Institute," (ASHI) or equivalent certifying organization approved by the board;

(4) A copy of a current and valid certification in basic first aid and shall include hands on training from the "American Red Cross," "American Heart Association," or "American Safety and Health Institute," (ASHI) or equivalent certifying organization approved by the board; or a current and valid certification as a/an:

(a) Emergency medical responder;

(b) Emergency medical technician;

(c) Advanced emergency medical technician; or

(d) Paramedic.

(5) Satisfactory completion of a passenger assistance training course to include the following elements:

(a) Sensitivity to aging:

(b) Overview of diseases and functional factors commonly affecting older adults;

(c) Environmental considerations affecting consumers;

(d) Consumer assistance and transfer techniques;

(e) Management of a wheelchair, including the proper methods for securing a wheelchair in the vehicle and the client in the wheelchair;

(f) Inspection and operation of a wheelchair lift and other types of assistive equipment, and;

(g) Emergency procedures.

(6) Services can use commercially designed courses approved by the board or develop their own training course as long as required elements are met. All courses shall include hands on training for loading and unloading the client in the wheelchair, securing the client in the wheelchair, and securing the wheelchair in the vehicle.

(a) Services that use a commercially developed training course for their employees shall also show documentation of hands on training.

(b) Services that develop their own training course shall make available to the board, upon request, a written course outline documenting all course elements, all course training material used, and documentation of hands on training. Training course developed by the service is subject to prior approval by the board.

(7) A copy of a valid criminal background check :

(a) Conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code; or

(b) Conducted by the federal bureau of investigations (FBI) for an individual who has not lived in the state of Ohio for at least five years immediately prior to application.

(8) A copy of a valid signed statement from a physician, nurse practitioner, or physician's assistant acting within their scope of practice declaring that the driver/operator does not have a medical condition, physical condition, including vision impairment (not corrected), which could interfere with safe driving, passenger assistance, the provision of emergency treatment activity, or could jeopardize the health and welfare of client and/or general public;

(9) A copy of valid test results from an alcohol and controlled substances test to be conducted by a laboratory certified for such testing under "CLIA" and determined to be free of alcohol, amphetamines, cannabinoids (THC), cocaine, opiates, and phencyclidines (PCP).

(a) The tests shall be performed and the results placed in the employee's file as provided in paragraph (C) of this rule;

(b) Repeat drug and alcohol testing shall be performed at a minimum whenever the driver has been involved in a motor vehicle accident for which he/she was the driver.

(10) The ambulette service shall provide each driver/operator with an identification card visible to the client identifying their first name and last initial or a unique identifier and ambulette service affiliation.

(B) An ambulette service shall at all times maintain staffing of ambulette(s) by an ambulette driver who meets the requirements of division (A) of section 4766.15 of the Revised Code.

(C) An ambulette service may employ an applicant on a temporary provisional basis pending completion of the requirements of this rule pursuant to section 4766.15 of the Revised Code.

(1) The provisional period for completion of requirements set forth in paragraphs (A)(3) to (A)(7) of this rule shall be no more than sixty days.

(2) The provisional period for completion of requirements set forth in paragraphs (A)(1) and (A)(2) and paragraphs (A)(8) to (A)(10) of this rule shall be no more than fourteen days.

(D) No ambulette service shall employ as an ambulette driver, any person who has been convicted of or plead guilty to violations as set forth in divisions (A)(1)(a), (A)(2)(a), (A)(4)(a), and/or (A)(5)(a) of section 109.572 of the Revised Code or their equivalent in any jurisdiction unless the exceptions set forth in paragraphs (A) and (B) of rule 3701-13-06 of the Administrative Code apply.

(E) No ambulette service shall employ as an ambulette driver any person who has six points or more on their driving abstract in accordance with section 4510.036 of the Revised Code.

(F) No ambulette service shall employ any person as an ambulette driver unless that person has a valid driver/operator license issued pursuant to Chapter 4506. or Chapter 4507. of the Revised Code or its equivalent if the person is a resident of another state.

(G) No ambulette service shall employ any person as an ambulette driver unless the person is at least eighteen years of age and has at least two years driving experience.

(H) No ambulette service shall employ any person as an ambulette driver unless the person holds a current and valid certification in CPR and one of the following:

(1) Basic first aid;

(2) Emergency medical responder;

(3) Emergency medical technician;

(4) Advanced emergency medical technician;

(5) Paramedic.

(I) No ambulette service shall employ any person as an ambulette driver unless the person has successfully completed a program designed for transporting clients with special needs as set forth in paragraph (A)(5) of this rule.

Cite as Ohio Admin. Code 4766-3-13

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/17/2017 and 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.15
Prior Effective Dates: 08/18/2005, 07/02/2009, 04/16/2012

4766-3-14 Regulations for out of state providers.

The exemption from licensure in division (B) of section 4766.09 of the Revised Code exempts out of state ambulette services receiving a client in Ohio for transport to a location not within Ohio or when transporting a client received in another state to an Ohio destination. An out of state ambulette service that receives a client in Ohio for transportation to a location in Ohio shall be licensed and is subject to Chapter 4766. of the Revised Code and rules under this chapter and to all applicable fines and sanctions for any violation thereof.

Replaces: 4766-3-16

Cite as Ohio Admin. Code 4766-3-14

Five Year Review (FYR) Dates: 03/17/2017 and 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.13
Prior Effective Dates: 08/18/2005, 04/16/2012

4766-3-15 [Effective until 8/1/2017] Changes to be reported to the board.

(A) Ambulette service shall give written notification to the board prior to or not less than ten days after changes in:

(1) Executive officers or board members;

(2) Directors;

(3) Owners;

(4) Purchase or acquisition of a licensed ambulette service;

(a) With any purchase or acquisition of a licensed ambulette service, the ambulette service shall be required to submit a new application for licensure, complete appropriate inspections, and pay all applicable fees;

(b) All ambulette(s) shall be retitled, rebranded in accordance with paragraph (B)(6)(e) of rule 4766-3-01 of the Administrative Code, inspected by the board, and display new ambulette license plates within sixty days.

(B) Within ten days of the date a permitted ambulette is permanently withdrawn from service, the licensed ambulette service shall return to the board a deletion form prescribed by the board, as published on the board's website at http://omtb.ohio.gov/Forms/Form12.pdf, dated April 16, 2012, and the permit decal from the right rear window.

(C) Within ten days of the date a licensed ambulette service ceases to operate, it shall return to the board all vehicle permits and the certificate of licensure.

(D) Within ten days of the date a licensed ambulette service ceases to operate a satellite location, it shall return to the board the certificate of licensure.

Replaces: 4766-3-17

Cite as Ohio Admin. Code 4766-3-15

Effective: 04/16/2012
R.C. 119.032 review dates: 04/16/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.07
Prior Effective Dates: 08/18/2005

4766-3-15 [Effective 8/1/2017] Changes to be reported to the board.

[Comment: For dates and availability of material incorporated by reference in this chapter of the Administrative Code, see rule 4766-3-18 of the Administrative Code.]

(A) Ambulette service shall give written notification to the board prior to or not less than ten days after changes in:

(1) Executive officers or board members;

(2) Directors;

(3) Ownership of a licensed ambulette service;

(4) Purchase or acquisition of a licensed ambulette service;

(a) The purchaser shall be required to submit a new application for licensure, complete appropriate inspections, and pay all applicable fees if operating as a separate business (different tax ID number); or

(b) The purchaser shall report to the board that the acquired service and vehicles will be absorbed into his or her existing licensed service (same tax ID number).

(5) Tax ID or EIN number;

(6) The name of the primary contact person(s), business or administrative office telephone number, email address, and if applicable, office fax number.

(B) Within ten days of the date a permitted ambulette is permanently withdrawn from service, the licensed ambulette service shall return to the board a "Deletion of Vehicle" form and the permit decal from the right rear window.

(C) Within ten days of the date a licensed ambulette service ceases to operate, it shall return to the board all vehicle permits and the certificate of licensure.

(D) Within ten days of the date a licensed ambulette service ceases to operate a satellite location, it shall return to the board the certificate of licensure.

(E) A licensed ambulette service may apply at any time for change of address of headquarters location. The application shall be made on the "Headquarters Change of Address" form and include the one hundred dollar license fee. The ambulette service shall also ensure compliance with rule 4766-3-04 of the Administrative Code. A change in the headquarters address does not change the expiration date of the license.

Replaces: Replaces former 4766-3-15

Cite as Ohio Admin. Code 4766-3-15

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.07
Prior Effective Dates: 08/18/2005, 04/16/2012

4766-3-16 [Effective until 8/1/2017] Investigations of alleged violations.

(A) The board may investigate alleged violations of Chapter 4766. of the Revised Code and the rules promulgated thereunder.

(B) Board investigations may include but not be limited to the following:

(1) Interviews of:

(a) Employer;

(b) Employees;

(c) Client;

(d) Health care workers;

(e) Public safety personnel;

(f) General public;

(2) Record review of:

(a) Transportation documentation;

(b) Incident report;

(c) Crash and/or injury report;

(d) First report of injury;

(e) Employee records;

(f) Physical inspection;

(g) Photographs;

(h) Audio recording;

(i) Physician and/or coroner findings;

(j) Written and/or verbal complaints;

(k) Factual evidence;

(l) Any other item(s) deemed appropriate for specific investigation.

(C) The board may issue a violation notification during any inspection or investigation.

(D) The board may, at its discretion, summarily suspend a license under the authority of section 4766.11 of the Revised Code.

Replaces: 4766-3-18

Cite as Ohio Admin. Code 4766-3-16

Effective: 04/16/2012
R.C. 119.032 review dates: 04/16/2017
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.08, 4766.11
Prior Effective Dates: 08/18/2005

4766-3-16 [Effective 8/1/2017] Investigations.

(A) The division may investigate all complaints on behalf of the board and in accordance with section 4766.11 of the Revised Code.

(B) After an investigation is completed and based on the findings of such investigation the board may initiate disciplinary proceedings in accordance with Chapter 119. of the Revised Code and this chapter.

(C) If, based on the findings of an investigation, the board determines that no further action on a complaint is warranted, then the case shall be closed accordingly.

(D) The division shall conduct all investigations and any related proceedings, in such a manner as to protect patient confidentiality and in accordance with section 4765.102 of the Revised Code.

(E) Notwithstanding paragraph (D) of this rule, a patient may consent to have the board release the patient's name or other identifying information that was collected as part of the division's investigation. Such consent shall be in writing and signed by the patient in order to be considered proper.

If a patient is less than eighteen years of age, such consent shall be in writing and signed by the patient's parent, guardian, or legal custodian in order to be considered proper.

(F) No member of the board who participates in an investigation shall participate in any further adjudication of the case.

(G) No member of the board who participates in an investigation at the local level or is involved in a case locally, shall participate in any investigation or adjudication of the same case by the board.

Replaces: Replaces former 4766-3-16

Cite as Ohio Admin. Code 4766-3-16

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.08, 4766.11, 4765.102
Prior Effective Dates: 08/18/2005, 04/16/2012

4766-3-17 [Effective until 8/1/2017] Changes to be reported to the board.

Cite as Ohio Admin. Code 4766-3-17

Effective: 04/16/2012
R.C. 119.032 review dates: 12/22/2011
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.07
Prior Effective Dates: 08/18/2005

4766-3-17 [Effective 8/1/2017] Disciplinary grounds.

(A) The board may, pursuant to an adjudicatory hearing under Chapter 119. of the Revised Code and section 4766.08 of the Revised Code, and by a vote of the majority of all members, suspend, revoke, or refuse to renew any license or permit or issue a fine not to exceed more than fifteen hundred dollars, for any of the following reasons:

(1) Any violation of Chapter 4766. of the Revised Code or any rules adopted thereunder;

(2) Refusal to permit the board or its designee to inspect a vehicle, inspect the records, or inspect the physical facilities of a licensed ambulette service;

(3) Failure to meet vehicle standards as set forth in Chapter 4766. of the Revised Code or any rules adopted thereunder;

(4) Violation of an order issued by the board;

(5) Failure to comply with the terms of any agreement entered into with the board.

(B) Within sixty days of receipt of a complete application for licensure, pursuant to division (F) of section 4766.04 of the Revised Code, the board shall deny an application if it determines that the applicant does not meet the requirements of Chapter 4766. of the Revised Code and rules promulgated thereunder.

Cite as Ohio Admin. Code 4766-3-17

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.08

4766-3-18 [Effective until 8/1/2017] Investigations of alleged violations.

Cite as Ohio Admin. Code 4766-3-18

Effective: 04/16/2012
R.C. 119.032 review dates: 12/22/2011
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.08, 4766.11
Prior Effective Dates: 08/18/2005

4766-3-18 [Effective 8/1/2017] Incorporated by reference.

(A) "Ambulette Inspection" form or form "EMS 4019" (February, 2017) can be accessed at the division's website athttp://www.ems.ohio.gov/medical-transportation-forms.aspx.

(B) "Application for Ambulette License" form or form "EMS 4002" (July, 2013) can be accessed at the division's website athttp://www.ems.ohio.gov/medical-transportation-forms.aspx.

(C) "Deletion of Vehicle" form or form "EMS 4012" (April, 2016) can be accessed at the division's website at http://www.ems.ohio.gov/medical-transportation-forms.aspx.

(D) "Headquarters Change of Address" form or form "EMS 4004" (April, 2016) can be accessed via the division's website athttp://www.ems.ohio.gov/medical-transportation-forms.aspx.

(E) "Periodic Mechanical Safety Report" form or form "EMS 4039" (May, 2016) can be accessed via the division's website athttp://www.ems.ohio.gov/medical-transportation-forms.aspx.

(F) "Renewal Application for Ambulette License" form or form "EMS 4041" (May, 2016) can be viewed at the division's website at http://www.ems.ohio.gov/medical-transportation-forms.aspx.

(G) "Temporary Ambulette Application" form or form "EMS 4010" (July, 2013) can be accessed via the division's website athttp://www.ems.ohio.gov/medical-transportation-forms.aspx.

(H) "Violation Notification" form or form "EMS 4029" (April, 2015), is issued by the board to an ambulette service/non-emergency medical services organization that is in violation of Chapter 4766. of the Revised Code and agency 4766 of the Administrative Code and can be viewed athttp://www.ems.ohio.gov/medical-transportation-forms.aspx.

Cite as Ohio Admin. Code 4766-3-18

Effective: 8/1/2017
Five Year Review (FYR) Dates: 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.03

4766-3-19 [Rescinded] Grounds for suspension, revocation, or denial of license or permit.

Cite as Ohio Admin. Code 4766-3-19

Effective: 04/16/2012
R.C. 119.032 review dates: 12/22/2011
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.05, 4766.06, 4766.07, 4766.08, 4766.13, 4766.15, 4766.99
Prior Effective Dates: 08/18/2005

4766-3-20 [Rescinded] Summary suspension.

Cite as Ohio Admin. Code 4766-3-20

Effective: 04/16/2012
R.C. 119.032 review dates: 12/22/2011
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.11
Prior Effective Dates: 08/18/2005

4766-3-21 [Rescinded] Equipment and ambulette configuration requirements.

Cite as Ohio Admin. Code 4766-3-21

Effective: 04/16/2012
R.C. 119.032 review dates: 12/22/2011
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.04, 4766.07
Prior Effective Dates: 08/18/2005