The Senate Committee on Judiciary, to which was referred Senate Bill No. 179, 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; (03)CR017901.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 16-41-10-1; (03)CR017901.1. --> "SECTION 1. IC 16-41-10-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. As used in this chapter, "emergency medical services provider" means a firefighter, a law enforcement officer, a paramedic, an emergency medical technician, a nurse licensed under IC 25-23, or other person who provides emergency medical services in the course of the person's employment.".
SOURCE: Page 2, line 5; (03)CR017901.2. --> Page 2, line 5, after "receiving" insert " medical director of the emergency department of the".
Page 2, line 15, after "patient" insert " (including a patient who is unable to consent due to physical or mental incapacity)".
Page 2, line 20, delete "disease;" and insert " disease of a type that has been epidemiologically demonstrated to be transmittable by an exposure of the kind experienced by the emergency medical services provider;".
Page 2, line 21, delete ":".
Page 2, line 22, delete "(A)".
Page 2, run in lines 21 through 22.
Page 2, line 23, delete "; and" and insert " .".
(b) Nothing in this chapter prohibits a patient from being discharged from a medical facility before:
(1) a test is performed under section 2.5 or section 3 of this chapter; or
(2) the results of a test are released under section 3 of this chapter.
(c) A provider or a facility that tests a patient for the presence of a dangerous communicable disease under section 2.5 or section 3 of this chapter is immune from liability for the performance of the test over the patient's objection or without the patient's consent. However, this subsection does not apply to an act or omission that constitutes gross negligence or willful or wanton misconduct".
SOURCE: Page 4, line 3; (03)CR017901.4. --> Page 4, line 3, after "Expenses of" insert " testing or".
Page 4, after line 20, begin a new paragraph and insert:
SOURCE: IC 34-30-2-81.5; (03)CR017901.6. --> "SECTION 6. IC 34-30-2-81.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 81.5. IC 16-41-10-3.5 (Concerning a provider who tests a patient for the presence of a dangerous communicable disease).".
Renumber all SECTIONS consecutively.
(Reference is to SB 179 as introduced.)
and when so amended that said bill do pass.
Committee Vote: Yeas 11, Nays 0.
CR017901/DI 106 2003