COMMITTEE REPORT

MR. PRESIDENT:

    The Senate Committee on Criminal, Civil and Public Policy, to which was referred Senate Bill No. 485, 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:

    Replace the effective date in SECTION 1 with "[EFFECTIVE UPON PASSAGE]".
SOURCE: Page 1, line 1; (03)CR048502.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 34-6-2-54; (03)CR048502.1. -->     "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.".
SOURCE: Page 1, line 6; (03)CR048502.1. -->     Page 1, line 6, delete "A hospital that:" and insert " 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.
".
    Page 1, delete lines 7 through 13, begin a new paragraph, and insert:
    " 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.

SOURCE: ; (03)CR048502.3. -->     SECTION 3. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 485 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 9, Nays 0.

____________________________________

    Long
Chairperson


CR048502/DI 106    2003