February 14, 2003





SENATE BILL No. 485

_____


DIGEST OF SB 485 (Updated February 13, 2003 1:33 PM - DI 106)



Citations Affected: IC 34-6; IC 34-30.

Synopsis: Immunity for smallpox vaccines. Provides civil immunity to a medical services provider for injury that results from the administration of an inoculation or other countermeasure against an actual or potential bioterrorist incident or public health emergency if the federal government authorizes the state department of health to implement a program of inoculations or other countermeasures.

Effective: Upon passage.





Skillman




    January 21, 2003, read first time and referred to Committee on Criminal, Civil and Public Policy.
    February 13, 2003, amended, reported favorably _ Do Pass.






February 14, 2003

First Regular Session 113th General Assembly (2003)


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 2002 Regular or Special Session of the General Assembly.

SENATE BILL No. 485



    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

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

    SECTION 1. IC 34-6-2-54 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 54. (a) "Health care provider", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-14.
     (b) "Health care provider", for purposes of IC 34-30-12.5, has the meaning set forth in IC 34-30-12.5-2.
    SECTION 2. IC 34-30-12.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 12.5. Health Care: Immunity of Hospitals and Certain Persons Providing Smallpox Immunizations
    Sec. 1. This chapter applies if the federal government authorizes
the state department of health to implement a program providing for the administration of inoculations or other medical countermeasures against an actual or a potential bioterrorist incident or another actual or potential public health emergency under:


        (1) 42 U.S.C. 233(p)(2)(A); or
        (2) any other federal authority.

    Sec. 2. As used in this chapter, "health care provider" means the following:
        (1) An individual, a partnership, a professional corporation, a facility, or an institution licensed or legally authorized by the state to provide health care or professional services as any of the following:
            (A) A licensed physician.
            (B) A psychiatric hospital.
            (C) A hospital.
            (D) A health facility.
            (E) A nurse licensed under IC 25-23.
            (F) A paramedic.
            (G) An emergency technician.
            (H) An advanced emergency technician.
        (2) An employee of an individual or entity described in subdivision (1).

         (3) A member of the medical staff of an individual or entity described in subdivision (1).
        (4) An individual who has been authorized by the governing board of an individual or entity described in subdivision (1) to provide health care services on the individual's or entity's premises or on the individual's or entity's behalf.
        (5) An individual who, under contract with an individual or entity described in subdivision (1), administers an inoculation or another medical countermeasure against an actual or a potential bioterrorist incident or another actual or potential public health emergency
under the circumstances described in section 1 of this chapter.
     Sec. 3. A health care provider who administers an inoculation or another medical countermeasure against an actual or a potential bioterrorist incident or another actual or potential public health emergency after January 23, 2003, under the circumstances described in section 1 of this chapter is immune from civil liability for any injury or damage that results from the administration of the inoculation or other countermeasure, except for an act or omission that amounts to gross negligence or willful or wanton misconduct.
    SECTION 3. An emergency is declared for this act.