Reprinted

March 7, 2001





SENATE BILL No. 180

_____


DIGEST OF SB 180 (Updated March 6, 2001 2:01 PM - DI 106)



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 terrorism.

Effective: July 1, 2001.





Bray




    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.







Reprinted

March 7, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

SENATE BILL No. 180



    A BILL FOR AN ACT to amend the Indiana Code concerning health and criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

    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. and that
     (b) The term may include any of the following:
        (1) Defibrillation.
        (2) Endotracheal intubation.


        (3) Parenteral injections of appropriate medications.
        (4) Electrocardiogram interpretation.
        (5) Emergency management of trauma and illness.
    SECTION 2. IC 16-31-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. The commission shall establish the following:
        (1) Standards for persons who provide emergency medical services and who are not licensed or regulated under IC 16-31-3.
        (2) Training and certification standards for the use of automatic and semiautomatic defibrillators by first responders.
         (3) Training and certification standards for the administration of antidotes, vaccines, and antibiotics to prepare for or respond to a terrorist or military attack.
    SECTION 3. IC 16-31-6-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) This section does not apply to an act or omission that was a result of gross negligence or willful or intentional misconduct.
    (b) An act or omission of a paramedic, an advanced emergency medical technician, an emergency medical technician, or a person with equivalent certification from another state that is performed or made while providing advanced life support or basic life support to a patient or trauma victim does not impose liability upon the paramedic, the advanced emergency medical technician, the emergency medical technician, the person with equivalent certification from another state, a hospital, a provider organization, a governmental entity, or an employee or other staff of a hospital, provider organization, or governmental entity if the advanced life support or basic life support is provided in good faith:
        (1) in connection with 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
        (2) in accordance with the rules adopted by the Indiana emergency medical services commission or the disaster emergency declaration of the governor.

    SECTION 4. IC 16-41-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) The state department may adopt rules under IC 4-22-2 concerning the compilation for statistical purposes of information collected under IC 16-41-2.
     (b) The state department shall adopt procedures to gather, monitor, and tabulate case reports of incidents involving dangerous communicable diseases or unnatural outbreaks of diseases known or suspected to be used as weapons. The state department shall specifically engage in medical surveillance, tabulation, and reporting of confirmed or suspected cases set forth by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and the United States Public Health Service of the United States Department of Health and Human Services.
    (c) The state department shall notify the:
        (1) state emergency management agency;
        (2) Indiana State Police; and

        (3) county health department and local law enforcement agency having jurisdiction of each unnatural outbreak or reported case described in subsection (b);
as soon as possible after the state department receives a report under subsection (b). Notification under this subsection must be made not more than twenty-four (24) hours after receiving a report.

    SECTION 5. IC 16-41-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) The state department shall tabulate all case reports of tuberculosis and other dangerous communicable diseases reported under this article or under rules adopted under this article. The state department shall determine the prevalence and distribution of disease in Indiana and devise methods for restricting and controlling disease.
    (b) The state department shall include the information on the prevalence and distribution of tuberculosis and other dangerous communicable diseases in the state department's annual report.
    (c) The state department shall disseminate the information prepared under this section.
     (d) The state department shall develop capabilities and procedures to perform preliminary analysis and identification in as close to a real time basis as is scientifically possible of unknown biological substances that have been or may be employed as a weapon. The state department shall implement the developed capacity and procedures immediately after the state department achieves a Level B capability as determined by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and the United States Public Health Service of the United States Department of Health and Human

Services.
    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 in Indiana.
        (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 physician.


        (7) (8) A school corporation and a school employee who acts under IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
        (8) (9) A chiropractor practicing the chiropractor's profession under IC 25-10 or to an employee of a chiropractor acting under the direction and supervision of the chiropractor under IC 25-10-1-13.
        (9) (10) A dental hygienist practicing the dental hygienist's profession under IC 25-13.
        (10) (11) A dentist practicing the dentist's profession under IC 25-14.
        (11) (12) A hearing aid dealer practicing the hearing aid dealer's profession under IC 25-20.
        (12) (13) A nurse practicing the nurse's profession under IC 25-23. However, a registered nurse may administer anesthesia if the registered nurse acts under the direction of and in the immediate presence of a physician and holds a certificate of completion of a course in anesthesia approved by the American Association of Nurse Anesthetists or a course approved by the board.
        (13) (14) An optometrist practicing the optometrist's profession under IC 25-24.
        (14) (15) A pharmacist practicing the pharmacist's profession under IC 25-26.
        (15) (16) A physical therapist practicing the physical therapist's profession under IC 25-27.
        (16) (17) A podiatrist practicing the podiatrist's profession under IC 25-29.
        (17) (18) A psychologist practicing the psychologist's profession under IC 25-33.
        (18) (19) A speech-language pathologist or audiologist practicing the pathologist's or audiologist's profession under IC 25-35.6.
        (19) (20) An employee of a physician or group of physicians who performs an act, a duty, or a function that is customarily within the specific area of practice of the employing physician or group of physicians, if the act, duty, or function is performed under the direction and supervision of the employing physician or a physician of the employing group within whose area of practice the act, duty, or function falls. An employee may not make a diagnosis or prescribe a treatment and must report the results of an examination of a patient conducted by the employee to the employing physician or the physician of the employing group under whose supervision the employee is working. An employee

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 services as:
            (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 IC 25-22.5-1-2.1.
    (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 terrorism.
    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; or
        (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:
        (1) manufactures;
        (2) places;
        (3) disseminates; or
        (4) detonates;
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:
        (1) manufactures;
        (2) places;
        (3) disseminates; or
        (4) detonates;
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.