Ohio Administrative Code Title 4765 - State Board of Emergency Medical Services

Ohio Administrative Code

Title 4765 — State Board of Emergency Medical Services (EMS)

1. Overview and Purpose

OAC Title 4765 governs the operations, licensing, certification, and regulation of emergency medical services personnel and providers in Ohio. The State Board of Emergency Medical Services (State EMS Board) oversees the standards and practices related to pre-hospital emergency medical care, ensuring that EMS professionals provide competent and effective services.

The primary objectives of Title 4765 include:

Licensing and certifying EMS professionals, including Emergency Medical Technicians (EMTs), Paramedics, and other EMS personnel.

Regulating EMS education and training programs.

Establishing standards for EMS provider organizations.

Enforcing compliance with EMS laws and administrative rules.

Protecting the public by ensuring quality and safety in emergency medical care.

2. The State Board of Emergency Medical Services

The State EMS Board is a regulatory body established under Ohio Revised Code Chapter 4765. The Board’s functions include:

Setting rules and standards for EMS certification and licensure.

Reviewing and approving EMS education programs.

Investigating complaints and conducting disciplinary proceedings.

Administering exams and issuing certifications/licenses to EMS personnel.

Advising the Ohio Department of Public Safety and other state entities on EMS matters.

3. Key Provisions of OAC Title 4765

3.1 Licensing and Certification of EMS Personnel

Title 4765 defines various levels of EMS certification including:

Emergency Medical Responder (EMR)

Emergency Medical Technician (EMT)

Advanced EMT (AEMT)

Paramedic

Requirements include:

Completion of approved training and education programs.

Successful passage of certification examinations.

Submission of applications and fees to the Board.

Compliance with continuing education for certification renewal.

3.2 EMS Education Program Standards

The Board approves and monitors EMS education programs, ensuring:

Curriculum aligns with national EMS education standards.

Instructors are qualified and certified.

Programs provide adequate clinical and field experiences.

Periodic program evaluations and improvements.

3.3 EMS Provider Agency Regulation

EMS organizations (ambulance services, fire departments, hospitals providing EMS) must be licensed or certified.

Title 4765 includes provisions for:

Vehicle standards and equipment requirements.

Personnel qualifications and training.

Operational policies and patient care protocols.

Reporting and documentation obligations.

3.4 Disciplinary Procedures and Enforcement

The Board has authority to investigate complaints against EMS personnel or providers for violations such as:

Fraud or misrepresentation.

Incompetence or negligence.

Substance abuse or criminal conduct.

Violations of state EMS rules.

Disciplinary actions may include:

Suspension or revocation of certification or license.

Probation or reprimands.

Fines or mandatory remedial education.

Licensees and certificate holders are entitled to due process with notice and hearing rights.

4. Relevant Case Law and Legal Principles

Although specific case law regarding OAC Title 4765 may be limited, several administrative and legal principles are well established:

Case Principle 1: Scope of Board Authority

Courts recognize the State EMS Board’s broad statutory authority to regulate EMS professionals in the interest of public health and safety.

The Board’s decisions regarding certification and discipline are typically given deference, so long as they are not arbitrary or capricious.

Case Principle 2: Due Process in Disciplinary Actions

EMS personnel facing discipline must be afforded notice, an opportunity to be heard, and a fair hearing.

Decisions based on substantial evidence and following procedural safeguards are upheld.

Arbitrary disciplinary actions without proper process may be overturned.

Case Principle 3: Licensing and Public Protection

Courts uphold licensing schemes that ensure only qualified individuals practice as EMS providers.

Unauthorized practice or false representation as a certified EMS provider may result in civil or criminal penalties.

Example Case: State Board of Emergency Medical Services v. Smith (Hypothetical)

An EMS technician was disciplined for alleged negligence in patient care.

The court upheld the Board’s revocation of certification based on substantial evidence of incompetence.

The decision reinforced the Board’s role in protecting public safety.

5. Practical Implications

EMS professionals in Ohio must maintain compliance with Title 4765 for licensure and certification.

EMS education providers must meet Board standards to ensure graduates are qualified.

EMS agencies must adhere to operational standards to maintain licensure.

EMS personnel facing complaints should understand their rights and the disciplinary process.

The public can be confident that EMS providers are subject to rigorous oversight to ensure quality care.

6. Summary

OAC Title 4765 provides a comprehensive regulatory framework for the certification, licensure, and oversight of EMS personnel and agencies in Ohio.

The State Board of Emergency Medical Services enforces standards that promote competent and ethical emergency medical care.

The Board’s authority includes education approval, certification, discipline, and enforcement.

Case law supports the Board’s broad authority and emphasizes due process protections for licensees.

Compliance with these regulations ensures public safety and high standards in emergency medical services.

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