SB 63-1_ Filed 01/18/2001, 09:08

COMMITTEE REPORT




MR. PRESIDENT:

    The Senate Committee on Corrections, Criminal and Civil Procedures, to which was referred Senate Bill No. 63, 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 3; (01)AM006306.1. -->     Page 1, line 3, delete "Except as provided in subsection (b), if:" and insert " The following definitions apply throughout this section:
        (1) "Health care provider" refers to a health care provider (as defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or IC 16-18-2-163(c)).
        (2) "Licensed health professional" has the meaning set forth in 25-23-1-27.1.
        (3) "Practitioner" has the meaning set forth in IC 16-42-19-5. However, the term does not include a veterinarian.
        (4) "Prescription drug" has the meaning set forth in IC 35-48-1-25.
    (b) A person who:
        (1) knowingly or intentionally physically interrupts, obstructs, or alters the delivery or administration of a prescription drug:
            (A) prescribed or ordered by a practitioner for person who is a patient of the practitioner; and
            (B) without the prescription or order of a practitioner; and
        (2) causes bodily harm to the patient as a result of the conduct described in subdivision (1);
commits interference with medical services, a Class D felony.
".
    Page 1, delete lines 4 through 15.
    Page 1, line 16, delete "(b)" and insert " (c)".
    Page 1, line 16, delete "(a)" and insert " (b)".
    Page 2, line 1, delete "medical service provider;" and insert " health care provider or licensed health professional;".
    Page 2, between lines 4 and 5, begin a new paragraph and insert:
    " (d) A person is justified in engaging in conduct otherwise prohibited under this section if the conduct was performed by:
        (1) a health care provider or licensed health professional who acted in good faith within the scope of the person's practice or employment; or
        (2) a person who was rendering emergency care at the scene of an emergency or accident in a good faith attempt to avoid or minimize serious bodily injury to the patient.
".
    (Reference is to SB 63 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 10, Nays 0.

____________________________________

Senator Long, Chairperson


AM 006306/DI 106    2001