The Senate Committee on Judiciary, to which was referred Senate Bill No. 180, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (01)CR018001.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 16-18-2-7; (01)CR018001.1. --> "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.
(3) Parenteral injections of appropriate medications.
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
(7) (8) A school corporation and a school employee who acts
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
(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
(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
(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
(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
(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.
SOURCE: IC 34-30-2-69.5; (01)CR018001.7. --> 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).".
SOURCE: Page 3, line 11; (01)CR018001.3. --> Page 3, line 11, after "population" delete "of" and insert " .".
Page 3, delete line 12.
Page 3, line 15, delete "of the" and insert " chemical device, biological device or organism, or radiological device that is capable of being used for terrorism.".
Page 3, delete lines 16 through 33.
Page 5, line 12, delete "kill, cause bodily" and insert " carry out terrorism".
and when so amended that said bill do pass.
Committee Vote: Yeas 9, Nays 0.
CR018001/DI 51 2001