Citations Affected: IC 16-18; IC 16-31; IC 16-41; IC 25-22.5; IC 34-30; IC 35-41; IC 35-43; IC 35-44; IC 35-47; noncode.
Synopsis: Anti-terrorism measures. Requires the Indiana emergency
medical services commission to provide training and certification
standards for the administration of antidotes, vaccines, and antibiotics
in situations related to a terrorist or military attack. Requires the state
department of health to monitor dangerous communicable diseases and
outbreaks of diseases known or suspected to be used as weapons.
Provides civil immunity to paramedics, advanced emergency medical
technicians, and emergency medical technicians and exempts them
certain provisions in the medical practice law when they are acting in
response to a terrorist attack that has been declared a disaster
emergency by the governor. Requires the state department of health to
develop capabilities and procedures to identify unknown biological
substances that may be weapons. Defines "terrorism" and "weapon of
mass destruction". Imposes criminal penalties for terrorism,
agricultural terrorism, and false reporting of the placement or
introduction of a weapon of mass destruction. Enhances the penalty for
computer tampering when the offense is committed for the purpose of
Effective: July 1, 2001.
January 8, 2001, read first time and referred to Committee on Judiciary.
March 1, 2001, amended, reported favorably _ Do Pass.
March 6, 2001, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
health and criminal law and procedure.
SECTION 1. IC 16-18-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) "Advanced life
support", for purposes of IC 16-31, means care that is given:
(1) at the scene of:
(A) an accident;
(B) an act of terrorism (as defined in IC 35-41-1-26.5), if the governor has declared a disaster emergency under IC 10-4-1-7 in response to the act of terrorism; or
(C) an illness;
(2) during transport; or
(3) at a hospital;
by a paramedic or an advanced emergency medical technician and that is more advanced than the care usually provided by an emergency medical technician.
(b) The term may include any of the following:
(2) Endotracheal intubation.
SECTION 6. IC 25-22.5-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) This article, as it relates to the unlawful or unauthorized practice of medicine or osteopathic medicine, does not apply to any of the following:
(1) A student in training in a medical school approved by the board, or while performing duties as an intern or a resident in a hospital under the supervision of the hospital's staff or in a program approved by the medical school.
(2) A person who renders service in case of emergency where no fee or other consideration is contemplated, charged, or received.
(3) A paramedic (as defined in IC 16-18-2-266), an advanced emergency medical technician (as defined in IC 16-18-2-6), an emergency medical technician (as defined in IC 16-18-2-112), or a person with equivalent certification from another state who renders advanced life support (as defined in IC 16-18-2-7) or basic life support (as defined in IC 16-18-2-33.5):
(A) during a disaster emergency declared by the governor under IC 10-4-1-7 in response to an act that the governor in good faith believes to be an act of terrorism (as defined in IC 35-41-1-26.5); and
(B) in accordance with the rules adopted by the Indiana emergency medical services commission or the disaster emergency declaration of the governor.
(4) Commissioned medical officers or medical service officers of the armed forces of the United States, the United States Public Health Service, and medical officers of the United States Department of Veterans Affairs in the discharge of their official duties in Indiana.
(4) (5) An individual who is not a licensee who resides in another
state or country and is authorized to practice medicine or
osteopathic medicine there, who is called in for consultation by an
individual licensed to practice medicine or osteopathic medicine
(5) (6) A person administering a domestic or family remedy to a
member of the person's family.
(6) (7) A member of a church practicing the religious tenets of the
church if the member does not make a medical diagnosis,
prescribe or administer drugs or medicines, perform surgical or
physical operations, or assume the title of or profess to be a
may not administer medication without the specific order of the
employing physician or a physician of the employing group.
Unless an employee is licensed or registered to independently
practice in a profession described in subdivisions (8) through
(17), nothing in this subsection grants the employee independent
practitioner status or the authority to perform patient services in
an independent practice in a profession.
(20) (21) A hospital licensed under IC 16-21 or IC 12-25.
(21) (22) A health care organization whose members,
shareholders, or partners are individuals, partnerships,
corporations, facilities, or institutions licensed or legally
authorized by this state to provide health care or professional
(A) a physician;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health maintenance organization or limited service health maintenance organization;
(E) a health facility;
(F) a dentist;
(G) a registered or licensed practical nurse;
(H) a midwife;
(I) an optometrist;
(J) a podiatrist;
(K) a chiropractor;
(L) a physical therapist; or
(M) a psychologist.
(22) (23) A physician assistant practicing the physician assistant's
profession under IC 25-27.5.
(23) (24) A physician providing medical treatment under
(b) A person described in subsection (a)(8) through (a)(17) is not excluded from the application of this article if:
(1) the person performs an act that an Indiana statute does not authorize the person to perform; and
(2) the act qualifies in whole or in part as the practice of medicine or osteopathic medicine.
(c) An employment or other contractual relationship between an entity described in subsection (a)(20) through (a)(21) and a licensed physician does not constitute the unlawful practice of medicine under this article if the entity does not direct or control independent medical acts, decisions, or judgment of the licensed physician. However, if the
direction or control is done by the entity under IC 34-30-15 (or
IC 34-4-12.6 before its repeal), the entity is excluded from the
application of this article as it relates to the unlawful practice of
medicine or osteopathic medicine.
(d) This subsection does not apply to a prescription or drug order for a legend drug that is filled or refilled in a pharmacy owned or operated by a hospital licensed under IC 16-21. A physician licensed in Indiana who permits or authorizes a person to fill or refill a prescription or drug order for a legend drug except as authorized in IC 16-42-19-11 through IC 16-42-19-19 is subject to disciplinary action under IC 25-1-9. A person who violates this subsection commits the unlawful practice of medicine under this chapter.
(e) A person described in subsection (a)(7) shall not be authorized to dispense contraceptives or birth control devices.
SECTION 7. IC 34-30-2-69.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 69.5. IC 16-31-6-4 (Concerning care in emergency response to terrorism).
SECTION 8. IC 35-41-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. "Deadly weapon" means the following:
(1) A loaded or unloaded firearm.
(2) A weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment, chemical substance, or other material that in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury.
(3) An animal (as defined in IC 35-46-3-3) that is:
(A) readily capable of causing serious bodily injury; and
(B) used in the commission or attempted commission of a crime.
(4) A biological disease, virus, or organism that is capable of causing serious bodily injury.
SECTION 9. IC 35-41-1-26.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 26.5. "Terrorism" means the use of force or violence or the threat of force or violence to intimidate or coerce a government or all or part of the civilian population.
SECTION 10. IC 35-41-1-29 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 29. "Weapon of mass destruction" means any chemical device, biological device or
organism, or radiological device that is capable of being used for
SECTION 11. IC 35-43-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) As used in this section:
"Computer network" and "computer system" have the meanings set forth in IC 35-43-2-3.
"Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.
"Data" means a representation of information, facts, knowledge, concepts, or instructions that:
(1) may take any form, including computer printouts, magnetic storage media, punched cards, or stored memory;
(2) has been prepared or is being prepared; and
(3) has been processed, is being processed, or will be processed;
in a computer system or computer network.
(b) A person who knowingly or intentionally alters or damages a computer program or data, which comprises a part of a computer system or computer network without the consent of the owner of the computer system or computer network commits computer tampering, a Class D felony. However, the offense is a:
(1) Class C felony if the offense is committed for the purpose of terrorism; and
(2) Class B felony if the offense is committed for the purpose of terrorism and results in serious bodily injury to a person.
SECTION 12. IC 35-44-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) As used in this section, "consumer product" has the meaning set forth in IC 35-45-8-1.
(b) A person who reports, by telephone, telegraph, mail, or other written or oral communication, that:
(1) the person or another person has placed or intends to place an explosive or other destructive substance in a building or transportation facility;
(2) there has been or there will be tampering with a consumer product introduced into commerce; or
(3) there has been or will be placed or introduced a weapon of mass destruction in a building or a place of assembly;
knowing the report to be false commits false reporting, a Class D felony.
(c) A person who:
(1) gives a false report of the commission of a crime or gives false
information in the official investigation of the commission of a
crime, knowing the report or information to be false;
(2) gives a false alarm of fire to the fire department of a governmental entity, knowing the alarm to be false;
(3) makes a false request for ambulance service to an ambulance service provider, knowing the request to be false; or
(4) gives a false report concerning a missing child (as defined in IC 10-1-7-2) or gives false information in the official investigation of a missing child knowing the report or information to be false;
commits false informing, a Class B misdemeanor. However, the offense is a Class A misdemeanor if it substantially hinders any law enforcement process or if it results in harm to an innocent person.
SECTION 13. IC 35-47-12 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
Chapter 12. Weapons of Mass Destruction
Sec. 1. A person who knowingly or intentionally:
(3) disseminates; or
a weapon of mass destruction with the intent to carry out terrorism commits a Class B felony. However, the offense is a Class A felony if the conduct results in serious bodily injury or death of any person.
Sec. 2. A person who knowingly or intentionally:
(3) disseminates; or
a weapon of mass destruction with the intent to damage, destroy, sicken, or kill crops or livestock of another person without the consent of the other person commits agricultural terrorism, a Class C felony.
SECTION 14. [EFFECTIVE JULY 1, 2001] IC 35-41-1-8, IC 35-43-1-4, and IC 35-44-2-2, all as amended by this act, and IC 35-41-1-26.5, IC 35-41-1-29, and IC 35-47-12, all as added by this act, apply only to crimes committed after June 30, 2001.