4766-5-01 Definitions.

[Comment: For dates and availability of material incorporated by reference in this chapter of the Administrative Code, see paragraph (BB) of this rule.]

(A) "Air Operator" means holder of a " 14 C.F.R. Part 135 Certificate."

(B) "Aircraft" means either or both of the following:

(1) Fixed wing air ambulance;

(2) Rotorcraft air ambulance.

(C) "AMSO" means air medical service organization as defined in division (B) of section 4766.01 of the Revised Code.

(D) "Board" means the state board of emergency medical, fire, and transportation services as described in section 4765.02 of the Revised Code.

(E) "CFR" means the "Code of Federal Regulations," which is a codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the federal government of the United States.

(F) "DEA" means the United States drug enforcement administration.

(G) "FAA" means the federal aviation administration.

(H) "FAR" means the federal air regulation.

(I) "FCC" means the federal communication commission.

(J) "Headquarters" means the location which a licensee operates, designated by the licensee as the location where the records described in this chapter are required to be maintained or readily available.

(K) "Health Care Profession" means the occupation of:

(1) Physician assistant;

(2) Physician;

(3) Registered nurse;

(4) Respiratory care professional;

(5) Paramedic.

(L) "HIPAA" means Health Insurance Portability and Accountability Act (HIPAA) "Privacy Rule" which protects the fundamental rights of nondiscrimination and health information privacy.

(M) "IFR" means flight under instrument flight rules.

(N) "Inspection Fee" means a fee required to be paid for the inspection of an aircraft.

(O) "License Fee" means a fee required to be paid to obtain a license to operate an AMSO in the state of Ohio.

(P) "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.

(Q) "Part 135 Certificate" means a certificate issued to the air operator by the FAA setting forth the air operating requirements for commuter and on-demand air operations and rules governing persons on board such aircraft.

(R) "Permit Fee" means a fee required to be paid to obtain a permit for each aircraft owned by AMSO.

(S) "Pilot in Command (PIC)" means the pilot with the final authority and responsibility for operation and safety of the flight.

(T) "Primary Aircraft" means an aircraft permitted in accordance with section 4766.07 of the Revised Code.

(U) "Reinspection Fee" means a fee required to conduct an inspection as a result of the issuance of a violation notification.

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

(W) "Second in Command (SIC)" means a pilot who is designated to be second in command of an aircraft during flight time.

(X) "Service Number" means the number assigned to the licensee by the state board of emergency medical, fire, and transportation services for the purpose of identifying and validating the service or licensee.

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

(Z) "Temporary Aircraft" means an aircraft used to temporarily replace a primary aircraft that is out-of-service until the primary aircraft is returned to service.

(AA) "VFR" means flight under visual flight rules.

(BB) Incorporated by reference. This chapter of the Administrative Code includes material that has been incorporated by reference. If the material is subject to change, only the current version listed in this rule is incorporated.

(1) " 14 C.F.R. Part 21 , (July, 2014), Part 43 (February, 2010), and Part 91 (April, 2014)," establish the FAA airworthiness standards requiring aircraft to be in a condition for safe operation and maintenance and can be found at http://www.ecfr.gov.

(2) " 14 C.F.R. Part 135 Certificate," (April, 2014), is the certificate that an air medical service must obtain, via the federal aviation administration, to operate and can be found at http://www.ecfr.gov and http://www.faa.gov/licenses_certificates/.

(3) " 29 C.F.R. Part 1910.1030 ," (July, 1992), covers exposure to blood or other potentially infectious materials and can be found at https://www.ecfr.gov.

(4) " 42 C.F.R. Part 493," Clinical Laboratory Improvement Amendments (CLIA), (July, 2014), is a waiver for laboratory services and can be found at http://www.cms.gov [File Link Not Available].

(5) " 45 C.F.R. Part 164.512 ," (March, 2013), specifies what information can be shared under the HIPAA laws and can be found at http://www.ecfr.gov.

(6) " 47 C.F.R. Parts 20 - 39, Section 22.925 ," (July, 2014), is the federal standard covering cellular phones in aircraft and can be found at http://www.ecfr.gov.

(7) " 47 C.F.R Part 90, Section 90.203 ," (April, 2014), covers regulations for radio equipment and can be found at http://www.ecfr.gov.

(8) "Application for Air Medical License" or form "EMS 4003," (June, 2014), is the application used for initial and renewal licensure to operate an air medical service in Ohio and can be accessed via the division's website at http://www.ems.ohio.gov/ems_medical_transportation.stm.

(9) "Application for New Satellite" or form "EMS 4005," (June, 2014), is submitted by an AMSO to request a location be added to the service's license and be inspected and can be accessed via the division's website at http://www.ems.ohio.gov/ems_medical_transportation.stm.

(10) "Deletion of Permitted Aircraft" or form "EMS 4013," (June, 2014), is submitted by an AMSO to permanently delete an aircraft from service and can be accessed via the division's website at http://www.ems.ohio.gov/ems_medical_transportation.stm.

(11) "Temporary Aircraft Permit" or form "EMS 4032," (June, 2014), is a permit issued by the board to enable an AMSO to use a temporary aircraft to replace a specific primary aircraft that is out-of-service which expires on the same date as the permit issued to the specific primary aircraft and can be accessed via the division's website athttp://www.ems.ohio.gov/ems_medical_transportation.stm.

(12) "Temporary Aircraft Permit Affidavit" or form "EMS 4037," (June, 2014), is an affidavit that the AMSO must complete to allow the use of the temporary aircraft permit and can be accessed via the division's website at http://www.ems.ohio.gov/ems_medical_transportation.stm.

(13) "Violation Notification" or form "EMS 4029," (June, 2014), is issued by the board to an AMSO that is in violation of Chapter 4766. of the Revised Code and Chapter 4766-5 of the Administrative Code and can be viewed at http://www.ems.ohio.gov/ems_medical_transportation.stm.

Effective: 09/26/2014
Five Year Review (FYR) Dates: 07/11/2014 and 09/16/2019
Promulgated Under: 119.03
Statutory Authority: 4766.03
Rule Amplifies: 4766.01
Prior Effective Dates: 1/06/2008