SOURCE: Page 2, line 33; (02)MO037602.2. -->
Page 2, after line 33, begin a new paragraph and insert:
SOURCE: IC 4-6-2-1.5; (02)MO037602.2. -->
"SECTION 2. IC 4-6-2-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1.5. (a) Whenever any
state governmental official or employee, whether elected or appointed,
is made a party to a suit, and the attorney general determines that said
suit has arisen out of an act which such official or employee in good
faith believed to be within the scope of his duties as prescribed by
statute or duly adopted regulation, the attorney general shall defend
such person throughout such action.
(b) Whenever a teacher (as defined in IC 20-6.1-1-8) is made a
party to a civil suit, and the attorney general determines that the suit
has arisen out of an act that the teacher in good faith believed was
within the scope of the teacher's duties in enforcing discipline policies
developed under
IC 20-8.1-5-2(e), IC 20-8.1-5.1-7, the attorney
general shall defend the teacher throughout the action.
(c)
Whenever a health care provider (as defined in
IC 16-18-2-163(c)) is made party to a malpractice (as defined in
IC 34-18-2-18) suit and the attorney general determines that:
(1) the malpractice claim relates to medical services provided
to an offender, who at the time the claim arose was
committed to the department of correction;
(2) the offender was transported to a hospital emergency
room for treatment of a traumatic injury or medical
emergency; and
(3) the department of correction authorized the offender's
transport to the hospital emergency room;
the attorney general shall defend the health care provider
throughout the action.
(d) A determination by the attorney general under subsection (a) or
(b) shall not be admitted as evidence in the trial of any such civil
action for damages.
(d) (e) Nothing in this chapter shall be construed to deprive any
such person of his right to select counsel of his own choice at his own
expense.".
(Reference is to ESB 376 as printed February 15, 2002.)
________________________________________
MO037602/DI 52 2002