MR. PRESIDENT:
I move
that Engrossed House Bill 1218 be amended to read as follows:
Page 4, between lines 14 and 15, begin a new paragraph and insert:
"SECTION 2. IC 5-2-10.5-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 6. The board is composed of the
following members:
(1) The executive director of the department of fire and building
services or the executive director's designee.
(2) The chairperson of the board of firefighting personnel
standards and education.
(3) The director of the state emergency management agency or
the director's designee.
(4) The commissioner of the department of environmental
management or the commissioner's designee.
(5) The state fire marshal or the state fire marshal's designee.
(6) The deputy director of the emergency medical services
division of the state emergency management agency or the
deputy director's designee.
(7) Five (5) individuals appointed by the governor, not more than
three (3) of whom may represent the same political party, as
follows:
(A) A professional firefighter.
(B) A volunteer firefighter.
(C) A public safety employee who is not a firefighter.
(D) A municipal or county building inspector.
(E) A member of the medical profession.
SOURCE: IC 9-19-14.5-1; (03)SB0548.1.2. -->
SECTION 3. IC 9-19-14.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. A privately owned
vehicle belonging to a certified paramedic, certified emergency
medical technician-intermediate, certified emergency medical
technician-basic advanced, certified emergency medical technician,
certified emergency medical service driver, or certified emergency
medical service first responder while traveling in the line of duty in
connection with emergency medical services activities may display
green lights, subject to the following restrictions and conditions:
(1) The lights may not have a light source less than fifty (50)
candlepower.
(2) All lights shall be placed on the top of the vehicle.
(3) Not more than two (2) green lights may be displayed on a
vehicle and each light must be of the flashing or revolving type
and visible at three hundred sixty (360) degrees.
(4) The lights must consist of a lamp with a green lens and not of
an uncolored lens with a green bulb. However, the revolving
lights may contain multiple bulbs.
(5) The green lights may not be a part of the regular head lamps
displayed on the vehicle.
(6) For a person authorized under this chapter to display a green
light on the person's vehicle, the person must first secure a written
permit from the director of the state emergency management
agency to use the light. The permit must be carried by the person
when the light is displayed.
SOURCE: IC 9-30-6-6; (03)SB0548.1.3. -->
SECTION 4. IC 9-30-6-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 6. (a) A physician or a person
trained in obtaining bodily substance samples and acting under the
direction of or under a protocol prepared by a physician, who:
(1) obtains a blood, urine, or other bodily substance sample from
a person, regardless of whether the sample is taken for diagnostic
purposes or at the request of a law enforcement officer under this
section; or
(2) performs a chemical test on blood, urine, or other bodily
substance obtained from a person;
shall deliver the sample or disclose the results of the test to a law
enforcement officer who requests the sample or results as a part of a
criminal investigation. Samples and test results shall be provided to a
law enforcement officer even if the person has not consented to or
otherwise authorized their release.
(b) A physician, a hospital, or an agent of a physician or hospital is
not civilly or criminally liable for any of the following:
(1) Disclosing test results in accordance with this section.
(2) Delivering a blood, urine, or other bodily substance sample in
accordance with this section.
(3) Obtaining a blood, urine, or other bodily substance sample in
accordance with this section.
(4) Disclosing to the prosecuting attorney or the deputy
prosecuting attorney for use at or testifying at the criminal trial of
the person as to facts observed or opinions formed.
(5) Failing to treat a person from whom a blood, urine, or other
bodily substance sample is obtained at the request of a law
enforcement officer if the person declines treatment.
(6) Injury to a person arising from the performance of duties in
good faith under this section.
(c) For the purposes of this chapter, IC 9-30-5, or IC 9-30-9:
(1) the privileges arising from a patient-physician relationship do
not apply to the samples, test results, or testimony described in
this section; and
commission.
(10) Administration by an emergency medical technician or
emergency medical technician-basic advanced of epinephrine
through an auto-injector.
(11) For an emergency medical technician-basic advanced, the
following:
(A) Electrocardiogram interpretation.
(B) Manual external defibrillation.
(C) Intravenous fluid therapy.
(12) Other procedures authorized by the Indiana emergency
medical services commission, including procedures contained in
the revised national emergency medical technician basic training
curriculum guide.
(b) Except as provided by:
(1) subsection (a)(10) and the training and certification
standards established under IC 16-31-2-9(4);
(2) subsection (a)(11)(C); and
(3) the training standards established under IC 16-31-2-9(5);
insubsection (a)(10) and by the training and certification standards
established under IC 16-31-2-9(5), the term does not include invasive
medical care techniques or advanced life support. except as provided
by the training and certification standards established under
IC 16-31-2-9(4).
SOURCE: IC 16-18-2-112.5; (03)SB0548.1.7. -->
SECTION 10. IC 16-18-2-112.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 112.5. "Emergency medical
technician-basic advanced", for purposes of IC 16-31, means an
individual who is certified under IC 16-31 to provide basic life
support at the scene of an accident or illness or during transport.
SOURCE: IC 16-18-2-112.7; (03)SB0548.1.8. -->
SECTION 11. IC 16-18-2-112.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 112.7. "Emergency medical
technician-intermediate", for purposes of IC 16-31, means an
individual who can perform at least one (1) of but not all the
procedures of a paramedic and who:
(1) has completed a prescribed course in advanced life
support;
(2) has been certified by the Indiana emergency medical
services commission;
(3) is associated with a single supervising hospital; and
(4) is affiliated with a provider organization.
SOURCE: IC 16-18-2-143; (03)SB0548.1.9. -->
SECTION 12. IC 16-18-2-143, AS AMENDED BY P.L.81-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 143. (a) "Fund", for purposes of IC 16-26-2, has
the meaning set forth in IC 16-26-2-2.
(b) "Fund", for purposes of IC 16-31-8.5, has the meaning set
forth in IC 16-31-8.5-2.
(c) "Fund", for purposes of IC 16-46-5, has the meaning set forth in
IC 16-46-5-3.
(c) (d) "Fund", for purposes of IC 16-46-12, has the meaning set
forth in IC 16-46-12-1.
SOURCE: IC 16-18-2-163; (03)SB0548.1.10. -->
SECTION 13. IC 16-18-2-163, AS AMENDED BY P.L.148-1999,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 163. (a) "Health care provider", for purposes of
IC 16-21 and IC 16-41, means any of the following:
(1) An individual, a partnership, a corporation, a professional
corporation, a facility, or an institution licensed or legally
authorized by this state to provide health care or professional
services as a licensed physician, a psychiatric hospital, a hospital,
a health facility, an emergency ambulance service (IC 16-31-3),
a dentist, a registered or licensed practical nurse, a midwife, an
optometrist, a pharmacist, a podiatrist, a chiropractor, a physical
therapist, a respiratory care practitioner, an occupational therapist,
a psychologist, a paramedic, an emergency medical technician, or
an advanced emergency technician, technician-basic advanced,
an emergency medical technician-intermediate, or a person
who is an officer, employee, or agent of the individual,
partnership, corporation, professional corporation, facility, or
institution acting in the course and scope of the person's
employment.
(2) A college, university, or junior college that provides health
care to a student, a faculty member, or an employee, and the
governing board or a person who is an officer, employee, or agent
of the college, university, or junior college acting in the course
and scope of the person's employment.
(3) A blood bank, community mental health center, community
mental retardation center, community health center, or migrant
health center.
(4) A home health agency (as defined in IC 16-27-1-2).
(5) A health maintenance organization (as defined in
IC 27-13-1-19).
(6) A health care organization whose members, shareholders, or
partners are health care providers under subdivision (1).
(7) A corporation, partnership, or professional corporation not
otherwise qualified under this subsection that:
(A) provides health care as one (1) of the corporation's,
partnership's, or professional corporation's functions;
(B) is organized or registered under state law; and
(C) is determined to be eligible for coverage as a health care
provider under IC 34-18 for the corporation's, partnership's, or
professional corporation's health care function.
Coverage for a health care provider qualified under this subdivision is
limited to the health care provider's health care functions and does not
extend to other causes of action.
(b) "Health care provider", for purposes of IC 16-35, has the
meaning set forth in subsection (a). However, for purposes of IC 16-35,
the term also includes a health facility (as defined in section 167 of this
chapter).
(c) "Health care provider", for purposes of IC 16-36-5, means an
individual licensed or authorized by this state to provide health care or
professional services as:
(1) a licensed physician;
(2) a registered nurse;
(3) a licensed practical nurse;
(4) an advanced practice nurse;
(5) a licensed nurse midwife;
(6) a paramedic;
(7) an emergency medical technician;
(8) an advanced emergency medical technician or technician-
basic advanced; or
(9) an emergency medical technician-intermediate; or
(10) a first responder, as defined under IC 16-18-2-131.
The term includes an individual who is an employee or agent of a
health care provider acting in the course and scope of the individual's
employment.
SOURCE: IC 16-18-2-295; (03)SB0548.1.11. -->
SECTION 14. IC 16-18-2-295, AS AMENDED BY P.L.256-1999,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 295. (a) "Provider", for purposes of IC 16-38-5,
IC 16-39 (except for IC 16-39-7) and IC 16-41-1 through IC 16-41-9
and IC 16-41-37, means any of the following:
(1) An individual (other than an individual who is an employee or
a contractor of a hospital, a facility, or an agency described in
subdivision (2) or (3)) who is licensed, registered, or certified as
a health care professional, including the following:
(A) A physician.
(B) A psychotherapist.
(C) A dentist.
(D) A registered nurse.
(E) A licensed practical nurse.
(F) An optometrist.
(G) A podiatrist.
(H) A chiropractor.
(I) A physical therapist.
(J) A psychologist.
(K) An audiologist.
(L) A speech-language pathologist.
(M) A dietitian.
(N) An occupational therapist.
(O) A respiratory therapist.
(P) A pharmacist.
(2) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or
described in IC 12-24-1 or IC 12-29.
(3) A health facility licensed under IC 16-28-2.
(4) A home health agency licensed under IC 16-27-1.
(5) An employer of a certified emergency medical technician, a
certified advanced emergency medical technician technician-
basic advanced, a certified emergency medical
technician-intermediate, or a certified paramedic.
(6) The state department or a local health department or an
employee, agent, designee, or contractor of the state department
or local health department.
(b) "Provider", for purposes of IC 16-39-7-1, has the meaning set
forth in IC 16-39-7-1(a).
SOURCE: IC 16-18-2-337; (03)SB0548.1.12. -->
SECTION 15. IC 16-18-2-337 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 337. "Sponsoring" or
"supervising hospital", for purposes of IC 16-31, means a hospital:
(1) that is licensed under IC 16-21-2 or under the licensing law of
another state; and
(2) that has been certified by the emergency medical services
commission to sponsor or supervise paramedics, advanced
emergency medical technicians, technicians-intermediate, and
provider organizations in providing advanced life support.
SECTION 16. IC 16-31-2-9, AS AMENDED BY P.L.93-2002,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 9. The commission shall establish the following:
(1) Standards for persons who provide emergency medical
services and who are not licensed or regulated under IC 16-31-3.
(2) Training and certification standards for the use of automatic
and semiautomatic defibrillators by first responders.
(3) Training and certification standards for the administration of
antidotes, vaccines, and antibiotics to prepare for or respond to a
terrorist or military attack.
(4) Training and certification standards for the administration of
epinephrine through an auto-injector by:
(A) an emergency medical technician; or
(B) an advanced emergency medical technician technician-
basic advanced.
(5) Training and certification standards to permit the use of
antidote kits containing atropine and pralidoxime chloride for
the treatment of exposure to chemical agent VX (nerve agent)
nerve agents by advanced an emergency medical technicians
technician-basic advanced, and emergency medical technicians
who an emergency medical technician, or a first responder.
work for emergency medical service providers located in:
(A) a county having a population of more than eight thousand
(8,000) but less than nine thousand (9,000);
(B) a county having a population of more than sixteen
thousand seven hundred (16,700) but less than seventeen
thousand (17,000);
(C) a county having a population of more than seventeen
thousand (17,000) but less than seventeen thousand five
hundred (17,500);
(D) a county having a population of more than seventeen
thousand five hundred (17,500) but less than eighteen
thousand (18,000);
(E) a county having a population of more than thirty-six
thousand (36,000) but less than thirty-six thousand
seventy-five (36,075);
(F) a county having a population of more than thirty-seven
thousand (37,000) but less than thirty-eight thousand (38,000);
and
(G) a county having a population of more than one hundred
five thousand (105,000) but less than one hundred ten
thousand (110,000).
SOURCE: IC 16-31-2-11; (03)SB0548.1.16. -->
SECTION 17. IC 16-31-2-11, AS AMENDED BY P.L.127-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 11. (a) The commission shall develop procedures
for ongoing review of all emergency ambulance services.
(b) The commission may review any pre-hospital ambulance rescue
or report record regarding an emergency patient that is utilized or
compiled by an emergency ambulance service employing paramedics,
emergency medical technicians-intermediate, emergency medical
technicians, or advanced emergency medical technicians.
technicians-basic advanced. However, except as provided in
subsection (d), those records shall remain confidential and may be used
solely for the purpose of compiling data and statistics. The use of such
data or statistics is subject to IC 4-1-6.
(c) The commission may develop and oversee experimental study
projects conducted by ambulance service providers in limited
geographic areas of Indiana. These study projects must be developed
and conducted in accordance with rules adopted by the commission
under IC 4-22-2. These study projects must be designed to test the
efficacy of new patient care techniques and new ambulance service
systems.
(d) This subsection applies to emergency ambulance services that
are provided by or under a contract with an entity that is a public
agency for purposes of IC 5-14-3. The following information, if
contained in a pre-hospital ambulance rescue or report record regarding
an emergency patient, is public information and must be made
available for inspection and copying under IC 5-14-3:
(1) The date and time of the request for ambulance services.
(2) The reason for the request for assistance.
(3) The time and nature of the response to the request for
ambulance services.
(4) The time of arrival at the scene where the patient was located.
(5) The time of departure from the scene where the patient was
located.
(6) The name of the facility, if any, to which the patient was
delivered for further treatment and the time of arrival at that
facility.
SOURCE: IC 16-31-3-5; (03)SB0548.1.17. -->
SECTION 18. IC 16-31-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (a) The commission
shall waive any rule for a person who provides emergency ambulance
service, an emergency medical technician, an emergency medical
technician-basic advanced, an emergency medical
technician-intermediate, a paramedic, or an ambulance when
operating from a location in an adjoining state by contract with an
Indiana unit of government to provide emergency ambulance or
medical services to patients who are picked up or treated in Indiana.
(b) The commission may waive any rule, including a rule
establishing a fee, for a person who submits facts demonstrating
that:
(1) compliance with the rule will impose an undue hardship on
the person; and
(2) either;
(A) noncompliance with the rule; or
(B) compliance with an alternative requirement approved
by the commission;
will not jeopardize the quality of patient care. However, the
commission may not waive a rule that sets forth educational
requirements for a person regulated under this article.
(c) A waiver granted under subsection (b)(2)(B) is conditioned
upon compliance with the alternative requirement approved under
subsection (b).
(d) The commission shall establish an expiration date for any
waiver that is granted.
(e) The commission may renew a waiver if the person makes the
same demonstration required for the original waiver.
SOURCE: IC 16-31-3-10; (03)SB0548.1.18. -->
SECTION 19. IC 16-31-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. (a) Except as
provided in subsection (b), to renew a certificate issued under this
chapter upon expiration of the certificate for any reason, a person must
comply with any continuing education requirements that have been
established by the commission. To renew a certificate issued under this
chapter after a suspension, revocation or termination of the certificate,
a person must comply with all the requirements of this chapter that
apply to the original certification.
(b) A renewal of an emergency medical technician , an emergency
medical technician-basic advanced, an emergency medical
technician-intermediate, or a paramedic certificate shall be issued
to an individual who meets the following conditions:
(1) While holding a valid emergency medical technician
certificate, enters the armed forces of the United States, including:
(A) the army;
(B) the navy;
(C) the air force;
(D) the marines; or
(E) the coast guard;
but excluding the guard and reserve components of those forces.
(2) Is discharged from the armed forces of the United States
within forty-eight (48) months after the individual entered the
armed forces.
(3) Successfully completes, not more than nine (9) months after
the individual's discharge from the armed forces of the United
States, a refresher course approved by the commission.
(4) Applies for the certificate renewal not more than one (1) year
after the individual's discharge from the armed forces of the
United States.
(5) Passes the written and practical skills examinations.
(c) A renewal of an emergency medical technician, an
emergency medical technician-basic advanced, an emergency
medical technician-intermediate, or a paramedic certificate must
be issued to an individual who meets the following conditions:
(1) While holding a valid certificate, the individual is called to
active military duty as a member of the Indiana national
guard or a reserve component of the armed forces of the
United States, including:
(A) the army;
(B) the navy;
(C) the air force;
(D) the marines; or
(E) the coast guard.
(2) The individual provides the emergency medical services
commission with a copy of the document from the armed
forces that called the individual to active duty.
(3) The individual applies for the certificate renewal not more
than one hundred twenty (120) days after the individual
leaves active duty.
SOURCE: IC 16-31-3-14; (03)SB0548.1.20. -->
SECTION 20. IC 16-31-3-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 14. (a) Except as
provided in subsection (d), after notice and hearing the commission
may suspend or revoke a certificate issued under this chapter for failure
to comply and maintain compliance with or for violation of any
applicable provisions, standards, or other requirements of this chapter
or rules adopted under this chapter. (a) A person holding a certificate
issued under this article must comply with the applicable standards
and rules established under this article. A certificate holder is
subject to disciplinary sanctions under subsection (b) if the state
emergency management agency determines that the certificate
holder:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a certificate, including cheating
on a certification examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading
manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses required under this article or rules adopted
under this article;
(5) is convicted of a crime, if the act that resulted in the
conviction has a direct bearing on determining if the
certificate holder should be entrusted to provide emergency
medical services;
(6) is convicted of violating IC 9-19-14.5;
(7) fails to comply and maintain compliance with or violates
any applicable provision, standard, or other requirement of
this article or rules adopted under this article;
(8) continues to practice if the certificate holder becomes unfit
to practice due to:
(A) professional incompetence that includes the
undertaking of professional activities that the certificate
holder is not qualified by training or experience to
undertake;
(B) failure to keep abreast of current professional theory
or practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or dependency on alcohol or
other drugs that endanger the public by impairing the
certificate holder's ability to practice safely;
(9) engages in a course of lewd or immoral conduct in
connection with the delivery of services to the public;
(10) allows the certificate holder's name or a certificate issued
under this article to be used in connection with a person who
renders services beyond the scope of that person's training,
experience, or competence;
(11) is subjected to disciplinary action in another state or
jurisdiction on grounds similar to those contained in this
chapter. For purposes of this subdivision, a certified copy of
a record of disciplinary action constitutes prima facie
evidence of a disciplinary action in another jurisdiction;
(12) assists another person in committing an act that would
constitute a ground for disciplinary sanction under this
chapter; or
(13) allows a certificate issued by the commission to be:
(A) used by another person; or
(B) displayed to the public when the certificate is expired,
inactive, invalid, revoked or suspended.
(b) On motion of the commission or on the verified written
complaint of an interested person, the director of the state emergency
management agency shall conduct an investigation. (b) The state
emergency management agency may issue an order under
IC 4-21.5-3-6 to impose one (1) or more of the following sanctions
if the state emergency management agency determines that a
certificate holder is subject to disciplinary sanctions under
subsection (a):
(1) Revocation of a certificate holder's certificate for a period
not to exceed seven (7) years.
(2) Suspension of a certificate holder's certificate for a period
not to exceed seven (7) years.
(3) Censure of a certificate holder.
(4) Issuance of a letter of reprimand.
(5) Assessment of a civil penalty against the certificate holder
in accordance with the following:
(A) The civil penalty may not exceed five hundred dollars
($500) per day per violation.
(B) If the certificate holder fails to pay the civil penalty
within the time specified by the state emergency
management agency, the state emergency management
agency may suspend the certificate holder's certificate
without additional proceedings.
(6) Placement of a certificate holder on probation status and
requirement of the certificate holder to:
(A) report regularly to the state emergency management
agency upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the state
emergency management agency;
(C) continue or renew professional education approved by
the state emergency management agency until a
satisfactory degree of skill has been attained in those areas
that are the basis of the probation; or
(D) perform or refrain from performing any acts,
including community restitution or service without
compensation, that the state emergency management
agency considers appropriate to the public interest or to
the rehabilitation or treatment of the certificate holder.
The state emergency management agency may withdraw or
modify this probation if the state emergency management
agency finds after a hearing that the deficiency that required
disciplinary action is remedied or that changed circumstances
warrant a modification of the order.
(c) Except as provided in subsection (d), the commission may
initiate proceedings to suspend or revoke a certificate on the
commission's own motion or on the verified written complaint of an
interested person. All proceedings to suspend or revoke a certificate
shall be conducted in accordance with IC 4-21.5-3. (c) If an applicant
or a certificate holder has engaged in or knowingly cooperated in
fraud or material deception to obtain a certificate, including
cheating on the certification examination, the state emergency
management agency may rescind the certificate if it has been
granted, void the examination or other fraudulent or deceptive
material, and prohibit the applicant from reapplying for the
certificate for a length of time established by the state emergency
management agency.
(d) The commission or the director may, on finding that the public
health or safety is in imminent danger, temporarily suspend a certificate
without hearing for not more than ninety (90) days on notice to the
certificate holder. (d) The state emergency management agency may
deny certification to an applicant who would be subject to
disciplinary sanctions under subsection (b) if that person were a
certificate holder, has had disciplinary action taken against the
applicant or the applicant's certificate to practice in another state
or jurisdiction, or has practiced without a certificate in violation of
the law. A certified copy of the record of disciplinary action is
conclusive evidence of the other jurisdiction's disciplinary action.
(e) On suspension, revocation, or termination of a certificate, the
provision of the service shall cease. (e) The state emergency
management agency may order a certificate holder to submit to a
reasonable physical or mental examination if the certificate
holder's physical or mental capacity to practice safely and
competently is at issue in a disciplinary proceeding. Failure to
comply with a state emergency management agency order to
submit to a physical or mental examination makes a certificate
holder liable to temporary suspension under subsection (i).
(f) A written complaint filed with the commission and information
pertaining to the complaint are confidential until one (1) of following
occurs:
(1) Notice is sent under IC 4-21.5-3 that certification suspension
or revocation proceedings relating to the complaint or
information have been initiated.
(2) Notice is sent under section 17 of this chapter that a hearing
is to be held concerning the imposition of a fine for a violation
relating to the complaint or information.
(3) The complaint or information is required to be disclosed by
the order of a court.
(f) Except as provided under subsection (a)(6), subsection (g), and
section 14.5 of this chapter, a certificate may not be denied,
revoked, or suspended because the applicant or certificate holder
has been convicted of an offense. The acts from which the
applicant's or certificate holder's conviction resulted may,
however, be considered as to whether the applicant or certificate
holder should be entrusted to serve the public in a specific
capacity.
(g) The commission may suspend or revoke a certificate under this
section for not more than seven (7) years from the date the suspension
or revocation is effective. After the time set by the commission has
expired, the certificate holder may apply for renewal of the certificate
under this chapter. (g) The state emergency management agency
may deny, suspend, or revoke a certificate issued under this
chapter if the individual who holds or is applying for the
certificate is convicted of any of the following:
(1) Possession of cocaine, a narcotic drug, or
methamphetamine under IC 35-48-4-6.
(2) Possession of a controlled substance under
IC 35-48-4-7(a).
(3) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(4) Manufacture of paraphernalia as a Class D felony under
IC 35-48-4-8.1(b).
(5) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(6) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(7) Possession of marijuana, hash oil, or hashish as a Class D
felony under IC 35-48-4-11.
(8) Maintaining a common nuisance under IC 35-48-4-13.
(9) An offense relating to registration, labeling, and
prescription forms under IC 35-48-4-14.
(10) Conspiracy under IC 35-41-5-2 to commit an offense
listed in subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed
in subdivisions (1) through (10).
(12) An offense in any other jurisdiction in which the
elements of the offense for which the conviction was entered
are substantially similar to the elements of an offense
described by subdivisions (1) through (11).
(h) A decision of the state emergency management agency
under subsections (b) through (g) may be appealed to the
commission under IC 4-21.5-3-7.
(i) The state emergency management agency may temporarily
suspend a certificate holder's certificate under IC 4-21.5-4 before
a final adjudication or during the appeals process if the state
emergency management agency finds that a certificate holder
would represent a clear and immediate danger to the public's
health, safety, or property if the certificate holder were allowed to
continue to practice.
(j) On receipt of a complaint or information alleging that a
person certified under this chapter or IC 16-31-3.5 has engaged in
or is engaging in a practice that is subject to disciplinary sanctions
under this chapter, the state emergency management agency must
initiate an investigation against the person.
(k) The state emergency management agency shall conduct a
factfinding investigation as the state emergency management
agency considers proper in relation to the complaint.
(l) The state emergency management agency may reinstate a
certificate that has been suspended under this section if the state
emergency management agency is satisfied that the applicant is
able to practice with reasonable skill, competency, and safety to
the public. As a condition of reinstatement, the state emergency
management agency may impose disciplinary or corrective
measures authorized under this chapter.
(m) The state emergency management agency may not reinstate
a certificate that has been revoked under this chapter.
(n) The state emergency management agency must be
consistent in the application of sanctions authorized in this
chapter. Significant departures from prior decisions involving
similar conduct must be explained in the state emergency
management agency's findings or orders.
(o) A certificate holder may not surrender the certificate
holder's certificate without the written approval of the state
emergency management agency, and the state emergency
management agency may impose any conditions appropriate to
the surrender or reinstatement of a surrendered certificate.
(p) For purposes of this section, "certificate holder" means a
person who holds:
(1) an unlimited certificate;
(2) a limited or probationary certificate; or
(3) an inactive certificate.
SOURCE: IC 16-31-3-14.5; (03)SB0548.1.21. -->
SECTION 21. IC 16-31-3-14.5, AS AMENDED BY P.L.1-2002,
SECTION 74, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 14.5. The commission state
emergency management agency may issue an order under
IC 4-21.5-3-6 to deny an applicant's request for certification or
permanently revoke a license or certificate under procedures provided
by section 14 of this chapter if the individual who holds the license or
certificate issued under this title is convicted of any of the following:
(1) Dealing in or manufacturing cocaine, a narcotic drug, or
methamphetamine under IC 35-48-4-1.
(2) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(3) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(4) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(5) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(6) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled substance
under IC 35-48-4-4.6.
(7) Dealing in a counterfeit substance under IC 35-48-4-5.
(8) Dealing in marijuana, hash oil, or hashish under
IC 35-48-4-10(b).
(9) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (8).
(10) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (8).
(11) A crime of violence (as defined in IC 35-50-1-2(a)).
(12) An offense in any other jurisdiction in which the elements
of the offense for which the conviction was entered are
substantially similar to the elements of an offense described
under subdivisions (1) through (11).
SOURCE: IC 16-31-3-17; (03)SB0548.1.22. -->
SECTION 22. IC 16-31-3-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 17. (a) The director
state emergency management agency may issue an order to may
penalize an ambulance service provider or a person certified under this
chapter who has practiced without a certificate in violation of this
article imposing a civil penalty of not more than five hundred dollars
($500) per occurrence. for a violation of a patient care standard or rule
that is established by the commission under rules adopted under
IC 4-22-2.
(b) A civil penalty may be imposed only after a hearing on the
imposition of the penalty has been held by the director or the director's
designee. Notice of the hearing must be mailed to the provider at least
ten (10) days before the date set for the hearing.
(c) An ambulance service provider or a person certified under this
chapter who is penalized under this chapter may appeal the
determination under IC 4-21.5. At the hearing, the provider or certified
person is entitled to do the following:
(1) Be represented by an attorney.
(2) Present evidence in that person's behalf.
(3) Cross-examine witnesses. (b) A decision of the state emergency management agency
under subsection (a) may be appealed to the commission under
IC 4-21.5-3-7.
SOURCE: IC 16-31-3-19; (03)SB0548.1.23. -->
SECTION 23. IC 16-31-3-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 19. The commission
shall appoint an advanced life support operations subcommittee to
advise the commission on the development of:
(1) standards for the certification of:
(A) provider organizations;
(B) paramedics;
(C) advanced emergency medical technicians;
technicians-intermediate; and
(D) supervising hospitals; and
(2) rules governing the operation of advanced life support
services.
SOURCE: IC 16-31-3-20; (03)SB0548.1.24. -->
SECTION 24. IC 16-31-3-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 20. The commission
shall adopt rules under IC 4-22-2 that promote the orderly
development of advanced life support services in Indiana. The rules
must include the following:
(1) Requirements and procedures for the certification of provider
organizations, paramedics, advanced emergency medical
technicians, technicians-intermediate, and supervising
hospitals.
(2) Rules governing the operation of advanced life support
services, including the medications and procedures that may be
administered and performed by paramedics and advanced
emergency medical technicians. technicians-intermediate.
SOURCE: IC 16-31-3-21; (03)SB0548.1.25. -->
SECTION 25. IC 16-31-3-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 21. (a)
Notwithstanding any other law, a certified paramedic or an advanced
a certified emergency medical technician technician-intermediate
may perform advanced life support in an emergency according to the
rules of the commission.
(b) Notwithstanding any other law, a person may, during a course
of instruction in advanced life support, perform advanced life support
according to the rules of the commission.
SOURCE: IC 16-31-3-23; (03)SB0548.1.26. -->
SECTION 26. IC 16-31-3-23, AS ADDED BY P.L.17-2002,
SECTION 5, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 23. An emergency medical
technician or advanced emergency medical technician technician-
basic advanced who is certified under this article may administer
epinephrine through an auto-injector to an individual who is
experiencing symptoms of an allergic reaction or anaphylaxis.
SOURCE: IC 16-31-3.5; (03)SB0548.1.27. -->
SECTION 27. IC 16-31-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]:
Chapter 3.5. Emergency Medical Dispatch
Sec. 1. (a) The definitions in this section apply throughout this
chapter.
(b) "Medical director" means a licensed physician who
provides emergency medical dispatch medical direction to the
emergency medical dispatch agency and works with the local
emergency medical services medical director, if not the same
person.
(c) "Emergency medical dispatcher" means a person who is
trained to provide emergency medical dispatch services and who
is certified under this chapter.
(d) "Emergency medical dispatching" means the reception,
evaluation, processing, provision of dispatch life support,
management of requests for emergency medical assistance, and
participation in ongoing evaluation and improvement of the
emergency medical dispatch process. This process includes
identifying the nature of the request, prioritizing the severity of
the request, dispatching the necessary resources, providing
medical aid and safety instructions to the callers, and coordinating
the responding resources as needed, but does not include call
routing itself.
(e) "Emergency medical dispatch agency" means any person
that provides emergency medical dispatching for emergency
medical assistance that is certified under this chapter.
Sec. 2. This chapter does not apply to a person who solely
dispatches prescheduled emergency medical transports.
Sec. 3. (a) An individual may not furnish, operate, conduct,
maintain, advertise, or otherwise be engaged as an emergency
medical dispatcher unless that individual is certified by the
commission as an emergency medical dispatcher.
(b) A person may not furnish, operate, conduct, maintain,
advertise, or otherwise be engaged as an emergency medical
dispatch agency unless certified by the commission as an
emergency medical dispatch agency.
Sec. 4. (a) To be certified as an emergency medical dispatcher,
an individual must:
(1) meet the standards for education and training established
by the commission;
(2) successfully complete a written competency examination
approved by the commission; and
(3) pay the fee established by the commission.
(b) An emergency medical dispatcher certificate expires two (2)
years after the date of its issuance. To renew a certificate, an
emergency medical dispatcher must:
(1) meet the education and training renewal standards
established by the commission; and
(2) pay the fee established by the commission.
(c) An emergency medical dispatcher must follow protocols,
procedures, standards, and policies established by the commission.
(d) An emergency medical dispatcher shall keep the
commission informed of the entity or agency that employs or
supervises the dispatcher's activities as an emergency medical
dispatcher.
(e) An emergency medical dispatcher shall report to the
commission whenever an action has taken place that may justify
the revocation or suspension of a certificate issued by the
commission.
Sec. 5. (a) To be certified as an emergency medical dispatch
agency, a person must:
(1) meet the standards established by the commission; and
(2) pay the fee established by the commission.
technician-basic advanced is not liable for an act or omission, no
other person incurs liability by reason of an agency relationship with
the attendant or emergency medical technician or emergency
medical technician-basic advanced.
(b) This section does not affect the liability of a driver of an
ambulance for negligent operation of the ambulance.
SOURCE: IC 16-31-6-3; (03)SB0548.1.29. -->
SECTION 29. IC 16-31-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. An act or omission
of a paramedic or advanced an emergency medical technician
technician-intermediate done or omitted in good faith while
providing advanced life support to a patient or trauma victim does not
impose liability upon the paramedic or advanced emergency medical
technician technician-intermediate, the authorizing physician, the
hospital, or the officers, members of the staff, nurses, or other
employees of the hospital or the local governmental unit if the
advanced life support is provided:
(1) in connection with an emergency;
(2) in good faith; and
(3) under the written or oral direction of a licensed physician;
unless the act or omission was a result of negligence or willful
misconduct.
SOURCE: IC 16-31-6-4; (03)SB0548.1.30. -->
SECTION 30. IC 16-31-6-4, AS ADDED BY P.L.156-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 4. (a) This section does not apply
to an act or omission that was a result of gross negligence or willful or
intentional misconduct.
(b) An act or omission of a paramedic, an advanced emergency
medical technician technician-intermediate, an emergency medical
technician technician-basic advanced, an emergency medical
technician, or a person with equivalent certification from another state
that is performed or made while providing advanced life support or
basic life support to a patient or trauma victim does not impose
liability upon the paramedic, the advanced emergency medical
technician technician-intermediate, the emergency medical
technician technician-basic advanced, an emergency medical
technician, the person with equivalent certification from another state,
a hospital, a provider organization, a governmental entity, or an
employee or other staff of a hospital, provider organization, or
governmental entity if the advanced life support or basic life support
is provided in good faith:
(1) in connection with a disaster emergency declared by the
governor under IC 10-4-1-7 in response to an act that the
governor in good faith believes to be an act of terrorism (as
defined in IC 35-41-1-26.5); and
(2) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
SOURCE: IC 16-31-8.5; (03)SB0548.1.31. -->
SECTION 31. IC 16-31-8.5 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]:
Chapter 8.5. Emergency Medical Services Fund
Sec. 1. As used in this chapter, "agency" refers to the state
emergency management agency established by IC 10-8-2-1.
Sec. 2. As used in this chapter, "fund" refers to the emergency
medical services fund established by section 3 of this chapter.
Sec. 3. The emergency medical services fund is established to
defray the personal services expense, other operating expense, and
capital outlay of the:
(1) commission; and
(2) employees of the agency.
Sec. 4. The agency shall administer the fund. Expenses of
administering the fund shall be paid from money in the fund.
Sec. 5. The treasurer of state shall invest the money in the fund
that is not currently needed to meet the obligations of the fund in
the same manner as other public funds may be invested.
Sec. 6. Money in the fund at the end of a state fiscal year does
not revert to the state general fund.".
Page 19, between lines 31 and 32, begin a new paragraph and
insert:
"SECTION 32. IC 25-22.5-1-2, AS AMENDED BY P.L.255-2001,
SECTION 17, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 2. (a) This article, as it relates to
the unlawful or unauthorized practice of medicine or osteopathic
medicine, does not apply to any of the following:
(1) A student in training in a medical school approved by the
board, or while performing duties as an intern or a resident in a
hospital under the supervision of the hospital's staff or in a
program approved by the medical school.
(2) A person who renders service in case of emergency where no
fee or other consideration is contemplated, charged, or received.
(3) A paramedic (as defined in IC 16-18-2-266), an advanced
emergency medical technician technician-basic advanced (as defined
in IC 16-18-2-6 IC 16-18-2-112.5), an emergency medical
technician-intermediate (as defined in IC 16-18-2-112.7), an
emergency medical technician (as defined in IC 16-18-2-112), or a
person with equivalent certification from another state who renders
advanced life support (as defined in IC 16-18-2-7) or basic life support
(as defined in IC 16-18-2-33.5):
(A) during a disaster emergency declared by the governor
under IC 10-4-1-7 in response to an act that the governor in
good faith believes to be an act of terrorism (as defined in
IC 35-41-1-26.5); and
(B) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
(4) Commissioned medical officers or medical service officers of
the armed forces of the United States, the United States Public
Health Service, and medical officers of the United States
Department of Veterans Affairs in the discharge of their official
duties in Indiana.
(5) An individual who is not a licensee who resides in another
state or country and is authorized to practice medicine or
osteopathic medicine there, who is called in for consultation by
an individual licensed to practice medicine or osteopathic
medicine in Indiana.
(6) A person administering a domestic or family remedy to a
member of the person's family.
(7) A member of a church practicing the religious tenets of the
church if the member does not make a medical diagnosis,
prescribe or administer drugs or medicines, perform surgical or
physical operations, or assume the title of or profess to be a
physician.
(8) A school corporation and a school employee who acts under
IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
(9) A chiropractor practicing the chiropractor's profession under
IC 25-10 or to an employee of a chiropractor acting under the
direction and supervision of the chiropractor under
IC 25-10-1-13.
(10) A dental hygienist practicing the dental hygienist's
profession under IC 25-13.
(11) A dentist practicing the dentist's profession under IC 25-14.
(12) A hearing aid dealer practicing the hearing aid dealer's
profession under IC 25-20.
(13) A nurse practicing the nurse's profession under IC 25-23.
However, a registered nurse may administer anesthesia if the
registered nurse acts under the direction of and in the immediate
presence of a physician and holds a certificate of completion of
a course in anesthesia approved by the American Association of
Nurse Anesthetists or a course approved by the board.
(14) An optometrist practicing the optometrist's profession under
IC 25-24.
(15) A pharmacist practicing the pharmacist's profession under
IC 25-26.
(16) A physical therapist practicing the physical therapist's
profession under IC 25-27.
(17) A podiatrist practicing the podiatrist's profession under
IC 25-29.
(18) A psychologist practicing the psychologist's profession
under IC 25-33.
(19) A speech-language pathologist or audiologist practicing the
pathologist's or audiologist's profession under IC 25-35.6.
(20) An employee of a physician or group of physicians who
performs an act, a duty, or a function that is customarily within
the specific area of practice of the employing physician or group
of physicians, if the act, duty, or function is performed under the
direction and supervision of the employing physician or a
physician of the employing group within whose area of practice
the act, duty, or function falls. An employee may not make a
diagnosis or prescribe a treatment and must report the results of
an examination of a patient conducted by the employee to the
employing physician or the physician of the employing group
under whose supervision the employee is working. An employee
may not administer medication without the specific order of the
employing physician or a physician of the employing group.
Unless an employee is licensed or registered to independently
practice in a profession described in subdivisions (9) through
(18), nothing in this subsection grants the employee independent
practitioner status or the authority to perform patient services in
an independent practice in a profession.
(21) A hospital licensed under IC 16-21 or IC 12-25.
(22) A health care organization whose members, shareholders, or
partners are individuals, partnerships, corporations, facilities, or
institutions licensed or legally authorized by this state to provide
health care or professional services as:
(A) a physician;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health maintenance organization or limited service
health maintenance organization;
(E) a health facility;
(F) a dentist;
(G) a registered or licensed practical nurse;
(H) a midwife;
(I) an optometrist;
(J) a podiatrist;
(K) a chiropractor;
(L) a physical therapist; or
(M) a psychologist.
(23) A physician assistant practicing the physician assistant's
profession under IC 25-27.5.
(24) A physician providing medical treatment under
IC 25-22.5-1-2.1.
(25) An attendant who provides care services as defined in
IC 16-27-1-0.5.
(26) A personal services attendant providing authorized attendant
care services under IC 12-10-17.
(b) A person described in subsection (a)(9) through (a)(18) is not
excluded from the application of this article if:
(1) the person performs an act that an Indiana statute does not
authorize the person to perform; and
(2) the act qualifies in whole or in part as the practice of
medicine or osteopathic medicine.
(c) An employment or other contractual relationship between an
entity described in subsection (a)(21) through (a)(22) and a licensed
physician does not constitute the unlawful practice of medicine under
this article if the entity does not direct or control independent medical
acts, decisions, or judgment of the licensed physician. However, if the
direction or control is done by the entity under IC 34-30-15 (or
IC 34-4-12.6 before its repeal), the entity is excluded from the
application of this article as it relates to the unlawful practice of
medicine or osteopathic medicine.
(d) This subsection does not apply to a prescription or drug order
for a legend drug that is filled or refilled in a pharmacy owned or
operated by a hospital licensed under IC 16-21. A physician licensed
in Indiana who permits or authorizes a person to fill or refill a
prescription or drug order for a legend drug except as authorized in
IC 16-42-19-11 through IC 16-42-19-19 is subject to disciplinary
action under IC 25-1-9. A person who violates this subsection commits
the unlawful practice of medicine under this chapter.
(e) A person described in subsection (a)(8) shall not be authorized
to dispense contraceptives or birth control devices.
SOURCE: IC 34-6-2-37.2; (03)SB0548.1.33. -->
SECTION 33. IC 34-6-2-37.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 37.2. "Emergency medical
technician-basic advanced", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-12.1.
SOURCE: IC 34-6-2-37.4; (03)SB0548.1.34. -->
SECTION 34. IC 34-6-2-37.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 37.4. "Emergency medical
technician-intermediate", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-12.2.
SOURCE: IC 34-18-2-4; (03)SB0548.1.35. -->
SECTION 35. IC 34-18-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. "Ambulance
service" means a person who employs:
(1) emergency medical technicians;
(2) advanced emergency medical technicians; technicians-basic
advanced;
(3) emergency medical technicians-intermediate; or
(3) (4) paramedics.
SOURCE: IC 34-18-2-12.1; (03)SB0548.1.36. -->
SECTION 36. IC 34-18-2-12.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 12.1. (a) "Emergency medical
technician-basic advanced" has the meaning set forth in
IC 16-18-2-112.5.
(b) The term does not include a person while the person is
operating an emergency vehicle.
SOURCE: IC 34-18-2-12.2; (03)SB0548.1.37. -->
SECTION 37. IC 34-18-2-12.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 12.2. (a) "Emergency medical
technician-intermediate" has the meaning set forth in
IC 16-18-2-112.7.
(b) The term does not include a person while the person is
operating an emergency vehicle.
SOURCE: IC 34-18-2-14; (03)SB0548.1.38. -->
SECTION 38. IC 34-18-2-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 14. "Health care
provider" means any of the following:
(1) An individual, a partnership, a limited liability company, a
corporation, a professional corporation, a facility, or an
institution licensed or legally authorized by this state to provide
health care or professional services as a physician, psychiatric
hospital, hospital, health facility, emergency ambulance service
(IC 16-18-2-107), dentist, registered or licensed practical nurse,
physician assistant, midwife, optometrist, podiatrist, chiropractor,
physical therapist, respiratory care practitioner, occupational
therapist, psychologist, paramedic, emergency medical
technician, technician-intermediate, emergency medical
technician-basic advanced, or advanced emergency medical
technician, or a person who is an officer, employee, or agent of
the individual, partnership, corporation, professional corporation,
facility, or institution acting in the course and scope of the
person's employment.
(2) A college, university, or junior college that provides health
care to a student, faculty member, or employee, and the
governing board or a person who is an officer, employee, or
agent of the college, university, or junior college acting in the
course and scope of the person's employment.
(3) A blood bank, community mental health center, community
mental retardation center, community health center, or migrant
health center.
(4) A home health agency (as defined in IC 16-27-1-2).
(5) A health maintenance organization (as defined in
IC 27-13-1-19).
(6) A health care organization whose members, shareholders, or
partners are health care providers under subdivision (1).
(7) A corporation, limited liability company, partnership, or
professional corporation not otherwise qualified under this
section that:
(A) as one (1) of its functions, provides health care;
(B) is organized or registered under state law; and
(C) is determined to be eligible for coverage as a health care
provider under this article for its health care function.
Coverage for a health care provider qualified under this
subdivision is limited to its health care functions and does not
extend to other causes of action.".
Page 19, delete lines 32 through 33, begin a new paragraph and
insert:
"SECTION 39. THE FOLLOWING ARE REPEALED
[EFFECTIVE JULY 1, 2003]: IC 10-4-1-5.5; IC 16-18-2-6; IC 16-31-
3-15; IC 16-31-6.5-1; IC 22-12-1-20; IC 34-6-2-4; IC 34-18-2-3.".
Page 22, between lines 11 and 12, begin a new paragraph and
insert:
"SECTION 39. [EFFECTIVE JULY 1, 2003] (a) Notwithstanding
IC 16-31-3.5-3(a), as added by this act, the prohibition against an
individual acting as an emergency medical dispatcher unless the
individual is certified by the Indiana emergency medical services
commission as an emergency medical dispatcher does not apply to
an individual before July 1, 2005.
(b) Notwithstanding IC 16-31-3.5-3(b), as added by this act, the
prohibition against a person acting as an emergency medical
dispatch agency unless the person is certified by the Indiana
emergency medical services commission as an emergency medical
dispatch agency does not apply to a person before July 1, 2005.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1218 as printed April 4, 2003.)