Bill Text: IN HB1186 | 2012 | Regular Session | Enrolled
Bill Title: Emergency medical services personnel.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-15 - Signed by the Governor [HB1186 Detail]
Download: Indiana-2012-HB1186-Enrolled.html
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AN ACT to amend the Indiana Code concerning professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
(1) An order adopted by the commissioner of the Indiana department of transportation under IC 9-20-1-3(d) or IC 9-21-4-7(a) and designated by the commissioner as an emergency rule.
(2) An action taken by the director of the department of natural resources under IC 14-22-2-6(d) or IC 14-22-6-13.
(3) An emergency temporary standard adopted by the occupational safety standards commission under IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the solid waste management board under IC 13-22-2-3 and classifying a waste as hazardous.
(5) A rule, other than a rule described in subdivision (6), adopted by the department of financial institutions under IC 24-4.5-6-107 and declared necessary to meet an emergency.
(6) A rule required under IC 24-4.5-1-106 that is adopted by the department of financial institutions and declared necessary to meet an emergency under IC 24-4.5-6-107.
(7) A rule adopted by the Indiana utility regulatory commission to address an emergency under IC 8-1-2-113.
(8) An emergency rule adopted by the state lottery commission under IC 4-30-3-9.
(9) A rule adopted under IC 16-19-3-5 or IC 16-41-2-1 that the executive board of the state department of health declares is necessary to meet an emergency.
(10) An emergency rule adopted by the Indiana finance authority under IC 8-21-12.
(11) An emergency rule adopted by the insurance commissioner under IC 27-1-23-7 or IC 27-1-12.1.
(12) An emergency rule adopted by the Indiana horse racing commission under IC 4-31-3-9.
(13) An emergency rule adopted by the air pollution control board, the solid waste management board, or the water pollution control board under IC 13-15-4-10(4) or to comply with a deadline required by or other date provided by federal law, provided:
(A) the variance procedures are included in the rules; and
(B) permits or licenses granted during the period the emergency rule is in effect are reviewed after the emergency rule expires.
(14) An emergency rule adopted by the Indiana election commission under IC 3-6-4.1-14.
(15) An emergency rule adopted by the department of natural resources under IC 14-10-2-5.
(16) An emergency rule adopted by the Indiana gaming commission under IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3, IC 4-33-4-14, IC 4-33-22-12, or IC 4-35-4-2.
(17) An emergency rule adopted by the alcohol and tobacco commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or IC 7.1-3-20-24.4.
(18) An emergency rule adopted by the department of financial institutions under IC 28-15-11.
(19) An emergency rule adopted by the office of the secretary of family and social services under IC 12-8-1-12.
(20) An emergency rule adopted by the office of the children's health insurance program under IC 12-17.6-2-11.
(21) An emergency rule adopted by the office of Medicaid policy and planning under IC 12-15-41-15.
(22) An emergency rule adopted by the Indiana state board of animal health under IC 15-17-10-9.
(23) An emergency rule adopted by the board of directors of the Indiana education savings authority under IC 21-9-4-7.
(24) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-34 (repealed).
(25) An emergency rule adopted by the department of local government finance under IC 6-1.1-4-33 (repealed).
(26) An emergency rule adopted by the boiler and pressure vessel rules board under IC 22-13-2-8(c).
(27) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-37(l) (repealed) or an emergency rule adopted by the department of local government finance under IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
(28) An emergency rule adopted by the board of the Indiana economic development corporation under IC 5-28-5-8.
(29) A rule adopted by the department of financial institutions under IC 34-55-10-2.5.
(30) A rule adopted by the Indiana finance authority:
(A) under IC 8-15.5-7 approving user fees (as defined in IC 8-15.5-2-10) provided for in a public-private agreement under IC 8-15.5;
(B) under IC 8-15-2-17.2(a)(10):
(i) establishing enforcement procedures; and
(ii) making assessments for failure to pay required tolls;
(C) under IC 8-15-2-14(a)(3) authorizing the use of and establishing procedures for the implementation of the collection of user fees by electronic or other nonmanual means; or
(D) to make other changes to existing rules related to a toll road project to accommodate the provisions of a public-private agreement under IC 8-15.5.
(31) An emergency rule adopted by the board of the Indiana health informatics corporation under IC 5-31-5-8.
(32) An emergency rule adopted by the department of child services under IC 31-25-2-21, IC 31-27-2-4, IC 31-27-4-2, or IC 31-27-4-3.
(33) An emergency rule adopted by the Indiana real estate commission under IC 25-34.1-2-5(15).
(34) A rule adopted by the department of financial institutions under IC 24-4.4-1-101 and determined necessary to meet an emergency.
(35) An emergency rule adopted by the state board of pharmacy regarding returning unused medication under IC 25-26-23.
(36) An emergency rule adopted by the department of local government finance under IC 6-1.1-12.6 or IC 6-1.1-12.8.
(37) An emergency rule adopted by the office of the secretary of family and social services or the office of Medicaid policy and planning concerning the following:
(A) Federal Medicaid waiver program provisions.
(B) Federal programs administered by the office of the secretary.
(38) An emergency rule adopted by the Indiana emergency medical services commission under IC 16-31-3-24.
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the agency, the agency shall submit the rule to the publisher for the assignment of a document control number. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the format of the rule and other documents to be submitted under this subsection.
(d) After the document control number has been assigned, the agency shall submit the rule to the publisher for filing. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the format of the rule and other documents to be submitted under this subsection.
(e) Subject to section 39 of this chapter, the publisher shall:
(1) accept the rule for filing; and
(2) electronically record the date and time that the rule is accepted.
(f) A rule described in subsection (a) takes effect on the latest of the following dates:
(1) The effective date of the statute delegating authority to the agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by law as a prerequisite to the adoption or effectiveness of the rule.
(g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6, IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in subsections (j), (k), and (l), a rule adopted under this section expires
not later than ninety (90) days after the rule is accepted for filing under
subsection (e). Except for a rule adopted under subsection (a)(13),
(a)(24), (a)(25), or (a)(27), the rule may be extended by adopting
another rule under this section, but only for one (1) extension period.
The extension period for a rule adopted under subsection (a)(28) may
not exceed the period for which the original rule was in effect. A rule
adopted under subsection (a)(13) may be extended for two (2)
extension periods. Subject to subsection (j), a rule adopted under
subsection (a)(24), (a)(25), or (a)(27) may be extended for an unlimited
number of extension periods. Except for a rule adopted under
subsection (a)(13), for a rule adopted under this section to be effective
after one (1) extension period, the rule must be adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(8), (a)(12), (a)(19), (a)(20),
(a)(21), (a)(29), or (a)(37) expires on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule
adopted under sections 24 through 36 of this chapter or this
section.
(i) This section may not be used to readopt a rule under IC 4-22-2.5.
(j) A rule described in subsection (a)(24) or (a)(25) expires not later
than January 1, 2006.
(k) A rule described in subsection (a)(28) expires on the expiration
date stated by the board of the Indiana economic development
corporation in the rule.
(l) A rule described in subsection (a)(30) expires on the expiration
date stated by the Indiana finance authority in the rule.
(m) A rule described in subsection (a)(5) or (a)(6) expires on the
date the department is next required to issue a rule under the statute
authorizing or requiring the rule.
SECTION 2. IC 9-19-14.5-1, AS AMENDED BY P.L.138-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. A privately owned vehicle belonging to a
certified licensed paramedic, certified advanced emergency medical
technician-intermediate, certified emergency medical technician-basic
advanced, technician, 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
flashing or revolving 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 must be prominently displayed 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) a lamp with a green lens; or
(B) a green light emitting diode (LED).
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 to be authorized under this chapter to display a
flashing or revolving green light on the person's vehicle, the
person must first secure a written permit from the executive
director of the department of homeland security to use the light.
The permit must be carried by the person when the light is
displayed.
SECTION 3. IC 9-30-6-6, AS AMENDED BY P.L.36-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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
(2) samples, test results, and testimony may be admitted in a
proceeding in accordance with the applicable rules of evidence.
(d) The exceptions to the patient-physician relationship specified in
subsection (c) do not affect those relationships in a proceeding not
covered by this chapter, IC 9-30-5, or IC 9-30-9.
(e) The test results and samples obtained by a law enforcement
officer under subsection (a) may be disclosed only to a prosecuting
attorney or a deputy prosecuting attorney for use as evidence in a
criminal proceeding under this chapter, IC 9-30-5, or IC 9-30-9.
(f) This section does not require a physician or a person under the
direction of a physician to perform a chemical test.
(g) 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 shall obtain a blood, urine, or other bodily substance
sample if the following exist:
(1) A law enforcement officer requests that the sample be
obtained.
(2) The law enforcement officer has certified in writing the
following:
(A) That the officer has probable cause to believe the person
from whom the sample is to be obtained has violated
IC 9-30-5.
(B) That the person from whom the sample is to be obtained
has been involved in a motor vehicle accident that resulted in
the serious bodily injury or death of another.
(C) That the accident that caused the serious bodily injury or
death of another occurred not more than three (3) hours before
the time the sample is requested.
(3) Not more than the use of reasonable force is necessary to
obtain the sample.
(h) If the person:
(1) from whom the bodily substance sample is to be obtained
under this section does not consent; and
(2) resists the taking of a sample;
the law enforcement officer may use reasonable force to assist an
individual, who must be authorized under this section to obtain a
sample, in the taking of the sample.
(i) The person authorized under this section to obtain a bodily
substance sample shall take the sample in a medically accepted
manner.
(j) This subsection does not apply to a bodily substance sample
taken at a licensed hospital (as defined in IC 16-18-2-179(a) and
IC 16-18-2-179(b)). A law enforcement officer may transport the
person to a place where the sample may be obtained by any of the
following persons who are trained in obtaining bodily substance
samples and who have been engaged to obtain samples under this
section:
(1) A physician holding an unlimited license to practice medicine
or osteopathy.
(2) A registered nurse.
(3) A licensed practical nurse.
(4) An advanced emergency medical technician-basic advanced
technician (as defined in IC 16-18-2-112.5). IC 16-18-2-6.5).
(5) An emergency medical technician-intermediate (as defined in
IC 16-18-2-112.7).
(6) (5) A paramedic (as defined in IC 16-18-2-266).
SECTION 4. IC 16-18-2-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 6.5. "Advanced emergency medical technician", for
purposes of IC 16-31, means an individual who can perform at
least one (1) procedure 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.
SECTION 5. IC 16-18-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) "Advanced life
support", for purposes of IC 16-31, means care that is given:
(1) at the scene of:
(A) an accident;
(B) an act of terrorism (as defined in
(C) an illness;
(2) during transport; or
(3) at a hospital;
by a paramedic or an advanced emergency medical
(b) The term may include any of the following:
(1) Defibrillation.
(2) Endotracheal intubation.
(3) Parenteral injections of appropriate medications.
(4) Electrocardiogram interpretation.
(5) Emergency management of trauma and illness.
SECTION 6. IC 16-18-2-33.5, AS AMENDED BY P.L.74-2006, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 33.5. (a) "Basic life support", for purposes of IC 16-31, means the following:
(1) Assessment of emergency patients.
(2) Administration of oxygen.
(3) Use of mechanical breathing devices.
(4) Application of anti-shock trousers.
(5) Performance of cardiopulmonary resuscitation.
(6) Application of dressings and bandage materials.
(7) Application of splinting and immobilization devices.
(8) Use of lifting and moving devices to ensure safe transport.
(9) Administration
curriculum guide.
(b) Except as provided by:
(1) subsection (a)(9) and the training and certification standards
established under IC 16-31-2-9(3); and
(2) subsection (a)(10)(C); and
(3) (2) the training standards established under IC 16-31-2-9(4);
the term does not include invasive medical care techniques or advanced
life support.
SECTION 7. IC 16-18-2-109.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 109.8. "Emergency medical
responder", for purposes of IC 16-31, means an individual who is:
(1) certified under IC 16-31 and who meets the Indiana
emergency medical services commission's standards for
emergency medical responder certification; and
(2) the first individual to respond to an incident requiring
emergency medical services.
SECTION 8. IC 16-18-2-112.5 IS REPEALED [EFFECTIVE JULY
1, 2012]. 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.
SECTION 9. IC 16-18-2-112.7 IS REPEALED [EFFECTIVE JULY
1, 2012]. 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.
SECTION 10. IC 16-18-2-131 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 131. "First responder", for purposes of IC 16-31, means
an individual who is:
(1) certified under IC 16-31 and who meets the Indiana
emergency medical services commission's standards for first
responder certification; and
(2) the first individual to respond to an incident requiring
emergency medical services.
SECTION 11. IC 16-18-2-163, AS AMENDED BY P.L.108-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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, an
advanced emergency medical technician-basic advanced, an
emergency medical technician-intermediate, 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, 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-basic advanced;
technician; or
(9) an emergency medical technician-intermediate; or
(10) (9) a first an emergency medical responder, as defined
under IC 16-18-2-131. by section 109.8 of this chapter.
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.
(d) "Health care provider", for purposes of IC 16-40-4, means any
of the following:
(1) An individual, a partnership, a corporation, a professional
corporation, a facility, or an institution licensed or authorized by
the 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), an
ambulatory outpatient surgical center, a dentist, an optometrist, a
pharmacist, a podiatrist, a chiropractor, a psychologist, 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 blood bank, laboratory, community mental health center,
community mental retardation center, community health center,
or migrant health center.
(3) A home health agency (as defined in IC 16-27-1-2).
(4) A health maintenance organization (as defined in
IC 27-13-1-19).
(5) A health care organization whose members, shareholders, or
partners are health care providers under subdivision (1).
(6) A corporation, partnership, or professional corporation not
otherwise specified in 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.
(7) A person that is designated to maintain the records of a person
described in subdivisions (1) through (6).
(e) "Health care provider", for purposes of IC 16-45-4, has the
meaning set forth in 47 CFR 54.601(a).
SECTION 12. IC 16-18-2-266 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 266. "Paramedic", for
purposes of IC 16-31, means an individual who:
(1) is:
(A) affiliated with a certified paramedic organization;
(B) employed by a sponsoring hospital approved by the
commission; or
(C) employed by a supervising hospital with a contract for
inservice education with a sponsoring hospital approved by the
commission;
(2) has completed a prescribed course in advanced life support;
and
(3) has been certified licensed by the Indiana emergency medical
services commission.
SECTION 13. IC 16-18-2-295, AS AMENDED BY P.L.41-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 295. (a) "Provider", for purposes of IC 16-21-8,
has the meaning set forth in IC 16-21-8-0.5.
(b) "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.
(Q) A sexual assault nurse examiner.
(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
(6) The state department or a local health department or an employee, agent, designee, or contractor of the state department or local health department.
(c) "Provider", for purposes of IC 16-39-7-1, has the meaning set forth in IC 16-39-7-1(a).
(d) "Provider", for purposes of IC 16-48-1, has the meaning set forth in IC 16-48-1-3.
SECTION 14. IC 16-18-2-337 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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
SECTION 15. IC 16-31-2-2, AS AMENDED BY P.L.68-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The commission is composed of thirteen (13) members. The governor shall appoint the members for four (4) year terms as follows:
(1) One (1) must be appointed from a volunteer fire department that provides emergency medical service.
(2) One (1) must be appointed from a full-time municipal fire or police department that provides emergency medical service.
(3) One (1) must be a nonprofit provider of emergency ambulance services organized on a volunteer basis other than a volunteer fire department.
(4) One (1) must be a provider of private ambulance services.
(5) One (1) must be a state
(6) One (1) must be a licensed physician who:
(A) has a primary interest, training, and experience in emergency medical services; and
(B) is currently practicing in an emergency medical services facility.
(7) One (1) must be a chief executive officer of a hospital that provides emergency ambulance services.
(8) One (1) must be a registered nurse who has supervisory or administrative responsibility in a hospital emergency department.
(9) One (1) must be a licensed physician who:
(A) has a primary interest, training, and experience in trauma care; and
(B) is practicing in a trauma facility.
(10) One (1) must be a state certified emergency medical service technician.
(11) One (1) must be an individual who:
(A) represents the public at large; and
(B) is not in any way related to providing emergency medical services.
(12) One (1) must be a program director (as defined in 836 IAC 4-2-2(12)(B)(iii)) for a commission certified advanced life support training institution.
(13) One (1) must be the deputy executive director appointed under IC 10-19-5-3 to manage the division of preparedness and training of the department of homeland security or the designee of the deputy executive director.
(b) The chief executive officer of a hospital appointed under subsection (a)(7) may designate another administrator of the hospital to serve for the chief executive officer on the commission.
(c) Not more than seven (7) members may be from the same political party.
SECTION 16. IC 16-31-2-7, AS AMENDED BY P.L.20-2008, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. The commission shall do the following:
(1) Develop and promote, in cooperation with state, regional, and
local public and private organizations, agencies, and persons, a
statewide program for the provision of emergency medical
services that must include the following:
(A) Preparation of state, regional, and local emergency
ambulance service plans.
(B) Provision of consultative services to state, regional, and
local organizations and agencies in developing and
implementing emergency ambulance service programs.
(C) Promotion of a statewide system of emergency medical
service facilities by developing minimum standards,
procedures, and guidelines in regard to personnel, equipment,
supplies, communications, facilities, and location of such
centers.
(D) Promotion of programs for the training of personnel
providing emergency medical services and programs for the
education of the general public in first aid techniques and
procedures. The training shall be held in various local
communities of the state and shall be conducted by agreement
with publicly and privately supported educational institutions
or hospitals licensed under IC 16-21, wherever appropriate.
(E) Promotion of coordination of emergency communications,
resources, and procedures throughout Indiana and, in
cooperation with interested state, regional, and local public
and private agencies, organizations, and persons, the
development of an effective state, regional, and local
emergency communications system.
(F) Organizing and sponsoring a statewide emergency medical
services conference to provide continuing education for
persons providing emergency medical services.
(2) Regulate, inspect, and certify or license services, facilities,
and personnel engaged in providing emergency medical services
as provided in this article.
(3) Adopt rules required to implement an approved system of
emergency medical services.
(4) Adopt rules concerning triage and transportation protocols for
the transportation of trauma patients consistent with the field
triage decision scheme of the American College of Surgeons
Committee on Trauma.
(5) Apply for, receive, and accept gifts, bequests, grants-in-aid,
state, federal, and local aid, and other forms of financial
assistance for the support of emergency medical services.
(6) Employ necessary administrative staff.
SECTION 17. IC 16-31-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. The commission may do the following:
(1) Develop training and certification standards for
(2) Require
(3) Develop reciprocal certification training standards for individuals who have received medical training by a branch of the United States armed forces.
SECTION 18. IC 16-31-2-9, AS AMENDED BY P.L.74-2006, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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 standards for the administration of antidotes, vaccines, and antibiotics to prepare for or respond to a terrorist or military attack.
(3) Training and certification standards for the administration of epinephrine through an auto-injector by
(4) Training standards to permit the use of antidote kits containing atropine and pralidoxime chloride for the treatment of exposure to nerve agents by
SECTION 19. IC 16-31-2-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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, advanced emergency medical
(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.
SECTION 20. IC 16-31-2-12, AS ADDED BY P.L.101-2006,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 12. The commission may impose a reasonable fee
for the issuance of a certification or license under this chapter. The
commission shall deposit the fee in the emergency medical services
fund established by IC 16-31-8.5-3.
SECTION 21. IC 16-31-2-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13. (a) The commission may
adopt initial rules for the licensure of paramedics in the same
manner that emergency rules are adopted under IC 4-22-2-37.1. A
rule adopted under this section expires on the earlier of the
following:
(1) The date that the rule is superseded, amended, or repealed
by a permanent rule adopted under IC 4-22-2 or another rule
adopted under this article.
(2) June 30, 2013.
(b) This section expires July 1, 2013.
SECTION 22. IC 16-31-3-1, AS AMENDED BY P.L.74-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) Except as provided in subsection (b), a
person other than:
(1) a licensed physician;
(2) a registered nurse or an individual acting under the
supervision of a licensed physician; or
(3) a person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
may not furnish, operate, conduct, maintain, advertise, or otherwise be
engaged in providing emergency medical services, except for the use
of an automated external defibrillator, as a part of the regular course of
doing business, either paid or voluntary, unless that person holds a
valid certificate or license issued by the commission.
(b) A:
(1) licensed physician;
(2) registered nurse or an individual acting under the supervision
of a licensed physician; or
(3) person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
who operates a business of transporting emergency patients by
ambulance or using a nontransporting emergency medical services
vehicle must hold a valid certificate issued by the commission under
this article.
SECTION 23. IC 16-31-3-2, AS AMENDED BY P.L.71-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. The commission shall establish standards for
persons required to be certified or licensed by the commission to
provide emergency medical services. To be certified or licensed, a
person must meet the following minimum requirements:
(1) The personnel certified or licensed under this chapter must do
the following:
(A) Meet the standards for education and training established
by the commission by rule.
(B) Successfully complete a basic or an inservice course of
education and training on sudden infant death syndrome that
is certified by the commission in conjunction with the state
health commissioner.
(C) Beginning January 1, 2009, successfully complete a basic
or an inservice course of education and training on autism that
is certified by the commission.
(2) Ambulances to be used must conform with the requirements
of the commission and must either be:
(A) covered by insurance issued by a company licensed to do
business in Indiana in the amounts and under the terms
required in rules adopted by the commission; or
(B) owned by a governmental entity covered under IC 34-13-3.
(3) Emergency ambulance service shall be provided in accordance
with rules adopted by the commission. However, the rules
adopted under this chapter may not prohibit the dispatch of an
ambulance to aid an emergency patient because an emergency
medical technician is not immediately available to staff the
ambulance.
(4) Ambulances must be equipped with a system of emergency
medical communications approved by the commission. The
emergency medical communication system must properly
integrate and coordinate appropriate local and state emergency
communications systems and reasonably available area
emergency medical facilities with the general public's need for
emergency medical services.
(5) Emergency medical communications shall be provided in
accordance with rules adopted by the commission.
(6) A nontransporting emergency medical services vehicle must
conform with the commission's requirements.
SECTION 24. IC 16-31-3-3, AS AMENDED BY P.L.22-2005,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) A certificate or license is not required for
a person who provides emergency ambulance service, an emergency
medical technician, an emergency medical technician-basic advanced,
an ambulance, a nontransporting emergency medical services vehicle,
or advanced life support when doing any of the following:
(1) Providing assistance to persons certified to provide emergency
ambulance service or to emergency medical technicians.
(2) Operating from a location or headquarters outside Indiana to
provide emergency ambulance services to patients who are picked
up outside Indiana for transportation to locations within Indiana.
(3) Providing emergency medical services during a major
catastrophe or disaster with which persons or ambulances
certified to provide emergency ambulance services are
insufficient or unable to cope.
(b) An agency or instrumentality of the United States and any
paramedic, advanced emergency medical technician-intermediate,
emergency medical technician-basic advanced, technician, emergency
medical technician, or first emergency medical responder of the
agency or instrumentality is not required to:
(1) be certified or licensed; or
(2) conform to the standards prescribed under this chapter.
SECTION 25. IC 16-31-3-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) The commission shall waive any rule for a person who provides emergency ambulance service, an emergency medical technician, an advanced emergency medical
(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.
SECTION 26. IC 16-31-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) As used in this section, "volunteer fire department" has the meaning set forth in IC 36-8-12-2.
(b) As used in this section, "volunteer firefighter" has the meaning set forth in IC 36-8-12-2.
(c) A certificate or paramedic license is not required for a volunteer fire department or volunteer firefighter to engage in extrication or rescue services.
SECTION 27. IC 16-31-3-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. The commission may not withhold certification or licensure from a person providing emergency medical services that include extrication and rescue services because the person is not affiliated with a hospital, law enforcement agency, or fire department.
SECTION 28. IC 16-31-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. An application for a certificate or license must be made upon the forms, provide the information, and be in accordance with the procedures prescribed by the commission.
SECTION 29. IC 16-31-3-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. Except as otherwise provided in this chapter, all certificates and licenses are valid for a period specified by the commission unless earlier suspended, revoked, or terminated.
SECTION 30. IC 16-31-3-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) Except as provided in subsection (b), to renew a certificate or license issued under this chapter upon expiration of the certificate or license for any reason, a person must comply with any continuing education requirements that have been established by the commission. To renew a certificate or license issued under this chapter after a revocation of the certificate or license, a person must comply with all the requirements of this chapter that apply to the original certification or licensure.
(b) A renewal of an emergency medical technician
(1) While holding a valid certificate or license, 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 or license 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
(1) While holding a valid certificate or license, 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 or license renewal not more than one hundred twenty (120) days after the individual leaves active duty.
SECTION 31. IC 16-31-3-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. A certificate or license issued under this chapter is not assignable or transferable.
SECTION 32. IC 16-31-3-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. An official entry made upon a certificate or license may not be defaced, removed, or obliterated.
SECTION 33. IC 16-31-3-13.5, AS ADDED BY P.L.101-2006, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13.5. The commission may impose a reasonable fee for the issuance of a certification or license under this chapter. The commission shall deposit the fee in the emergency medical services fund established by IC 16-31-8.5-3.
SECTION 34. IC 16-31-3-14, AS AMENDED BY HEA 1196-2012, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14. (a) A person holding a certificate or license issued under this article must comply with the applicable standards and rules established under this article. A certificate holder or license holder is subject to disciplinary sanctions under subsection (b) if the department of homeland security determines that the certificate holder or license holder:
(1) engaged in or knowingly cooperated in fraud or material deception in order to obtain a certificate or license, including cheating on a certification or licensure 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 or license 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 or license holder becomes unfit to practice due to:
(A) professional incompetence that includes the undertaking of professional activities that the certificate holder or license 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 or license 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 or license holder's name or a certificate or license 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 or license issued by the commission to
be:
(A) used by another person; or
(B) displayed to the public when the certificate or license is
expired, inactive, invalid, revoked, or suspended.
(b) The department of homeland security may issue an order under
IC 4-21.5-3-6 to impose one (1) or more of the following sanctions if
the department of homeland security determines that a certificate
holder or license holder is subject to disciplinary sanctions under
subsection (a):
(1) Revocation of a certificate holder's certificate or license
holder's license for a period not to exceed seven (7) years.
(2) Suspension of a certificate holder's certificate or license
holder's license for a period not to exceed seven (7) years.
(3) Censure of a certificate holder or license holder.
(4) Issuance of a letter of reprimand.
(5) Assessment of a civil penalty against the certificate holder or
license 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 or license holder fails to pay the
civil penalty within the time specified by the department of
homeland security, the department of homeland security may
suspend the certificate holder's certificate or license holder's
license without additional proceedings.
(6) Placement of a certificate holder or license holder on
probation status and requirement of the certificate holder or
license holder to:
(A) report regularly to the department of homeland security
upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the department
of homeland security;
(C) continue or renew professional education approved by the
department of homeland security 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 department of homeland security considers appropriate to
the public interest or to the rehabilitation or treatment of the
certificate holder or license holder.
The department of homeland security may withdraw or modify this probation if the department of homeland security finds after a hearing that the deficiency that required disciplinary action is remedied or that changed circumstances warrant a modification of the order.
(c) If an applicant or a certificate holder or license holder has engaged in or knowingly cooperated in fraud or material deception to obtain a certificate or license, including cheating on the certification or licensure examination, the department of homeland security may rescind the certificate or license if it has been granted, void the examination or other fraudulent or deceptive material, and prohibit the applicant from reapplying for the certificate or license for a length of time established by the department of homeland security.
(d) The department of homeland security may deny certification or licensure to an applicant who would be subject to disciplinary sanctions under subsection (b) if that person were a certificate holder or license holder, has had disciplinary action taken against the applicant or the applicant's certificate or license to practice in another state or jurisdiction, or has practiced without a certificate or license 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) The department of homeland security may order a certificate holder or license holder to submit to a reasonable physical or mental examination if the certificate holder's or license holder's physical or mental capacity to practice safely and competently is at issue in a disciplinary proceeding. Failure to comply with a department of homeland security order to submit to a physical or mental examination makes a certificate holder or license holder liable to temporary suspension under subsection (i).
(f) Except as provided under subsection (a), subsection (g), and section 14.5 of this chapter, a certificate or license may not be denied, revoked, or suspended because the applicant,
(g) The department of homeland security may deny, suspend, or revoke a certificate or license issued under this article if the individual who holds or is applying for the certificate or license is convicted of any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under IC 35-48-4-7(b).
(5) Manufacture of paraphernalia as a Class D felony under IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony under IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony under IC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, hashish, salvia, or a synthetic
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (10).
(13) 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 (12).
(h) A decision of the department of homeland security under subsections (b) through (g) may be appealed to the commission under IC 4-21.5-3-7.
(i) The department of homeland security may temporarily suspend a certificate holder's certificate or license holder's license under IC 4-21.5-4 before a final adjudication or during the appeals process if the department of homeland security finds that a certificate holder or license holder would represent a clear and immediate danger to the public's health, safety, or property if the certificate holder or license holder were allowed to continue to practice.
(j) On receipt of a complaint or information alleging that a person certified or licensed 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 department of homeland security must initiate an investigation against the person.
(k) The department of homeland security shall conduct a factfinding investigation as the department of homeland security considers proper in relation to the complaint.
(l) The department of homeland security may reinstate a certificate or license that has been suspended under this section if the department of homeland security is satisfied that the applicant is able to practice with reasonable skill, competency, and safety to the public. As a condition of reinstatement, the department of homeland security may impose disciplinary or corrective measures authorized under this chapter.
(m) The department of homeland security may not reinstate a certificate or license that has been revoked under this chapter.
(n) The department of homeland security 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 department of homeland security's findings or orders.
(o) A certificate holder may not surrender the certificate holder's certificate, and a license holder may not surrender the license holder's license, without the written approval of the department of homeland security, and the department of homeland security may impose any conditions appropriate to the surrender or reinstatement of a surrendered certificate or license.
(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.
(q) For purposes of this section, "license holder" means a person who holds:
(1) an unlimited license;
(2) a limited or probationary license; or
(3) an inactive license.
SECTION 35. IC 16-31-3-14.5, AS AMENDED BY HEA 1196-2012, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14.5. The department of homeland security may issue an order under IC 4-21.5-3-6 to deny an applicant's request for certification or licensure or permanently revoke a certificate or license under procedures provided by section 14 of this chapter if the individual who holds the certificate or license issued under this title is convicted of any of the following:
(1) Dealing in or manufacturing cocaine or a narcotic drug under IC 35-48-4-1.
(2) Dealing in methamphetamine under IC 35-48-4-1.1.
(3) Dealing in a schedule I, II, or III controlled substance under IC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance under IC 35-48-4-3.
(5) Dealing in a schedule V controlled substance under IC 35-48-4-4.
(6) Dealing in a substance represented to be a controlled substance under IC 35-48-4-4.5.
(7) 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.
(8) Dealing in a counterfeit substance under IC 35-48-4-5.
(9) Dealing in marijuana, hash oil, hashish, salvia, or a synthetic drug under IC 35-48-4-10(b).
(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 (9).
(12) A crime of violence (as defined in IC 35-50-1-2(a)).
(13) 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 (12).
SECTION 36. IC 16-31-3-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16. A person who is not certified or licensed under this chapter and identifies or holds out to other persons that the person is:
(1) certified or licensed under this chapter; or
(2) authorized to do any act allowed under this chapter;
commits a Class C misdemeanor.
SECTION 37. IC 16-31-3-17, AS AMENDED BY P.L.1-2009, SECTION 116, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17. (a) The department of homeland security established by IC 10-19-2-1 may issue an order to a person who has practiced without a certificate or license in violation of this article imposing a civil penalty of not more than five hundred dollars ($500) per occurrence.
(b) A decision of the department of homeland security under subsection (a) may be appealed to the commission under IC 4-21.5-3-7.
SECTION 38. IC 16-31-3-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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-intermediate, technicians, and supervising hospitals.
(2) Requirements and procedures for the licensure of
paramedics.
(2) (3) 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-intermediate. technicians.
SECTION 39. IC 16-31-3-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 21. (a) Notwithstanding
any other law, a certified licensed paramedic or a certified advanced
emergency medical technician-intermediate technician 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.
SECTION 40. IC 16-31-3-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 23. An emergency
medical technician or emergency medical 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.
SECTION 41. IC 16-31-3-24 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 24. The commission may
implement a certification program for emergency services
personnel regulated by the commission through emergency rules
adopted under IC 4-22-2-37.1. An emergency rule adopted under
this section expires on the later of the following:
(1) July 1, 2014.
(2) The date permanent rules are adopted to replace the
emergency rules.
SECTION 42. IC 16-31-3.5-1, AS AMENDED BY P.L.68-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) The definitions in this section apply
throughout this chapter.
(b) "Emergency medical dispatching" means the reception,
evaluation, processing, and 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.
(c) "Emergency medical dispatch agency" means any person that
provides emergency medical dispatching for emergency medical
assistance. that is certified under this chapter.
SECTION 43. IC 16-31-3.5-3, AS AMENDED BY P.L.68-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. After December 31, 2009, A person may not
furnish, operate, conduct, maintain, or advertise services as an
emergency medical dispatcher or otherwise be engaged as an
emergency medical dispatch agency unless certified by the commission
as an emergency medical dispatch agency. the person performing the
emergency medical dispatch has completed training that meets or
exceeds the standards established by the National Highway Traffic
Safety Administration in the Emergency Medical Dispatch
Program Implementation and Administration Managers Guide, as
in effect July 1, 2012.
SECTION 44. IC 16-31-3.5-5 IS REPEALED [EFFECTIVE JULY
1, 2012]. 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.
(b) An emergency medical dispatch agency certificate expires on the
expiration date established when it is issued, which must be at least two
(2) years after the date of its issuance. To renew a certificate, an
emergency medical dispatch agency must:
(1) meet the renewal requirements established by the commission;
and
(2) pay the fee established by the commission.
(c) The emergency medical dispatch agency must be operated in a
safe, efficient, and effective manner in accordance with commission
approved standards that include the following requirements:
(1) Before functioning alone in an online capacity, all personnel
providing emergency medical dispatch services must be certified
as emergency medical dispatchers through a training program that
is:
(A) approved by the commission; and
(B) used by the department.
SECTION 45. IC 16-31-3.5-7 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 46. IC 16-31-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) A certified emergency medical technician
(b) This section does not affect the liability of a driver of an ambulance for negligent operation of the ambulance.
SECTION 47. IC 16-31-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) Except for an act of negligence or willful misconduct, a certified
(b) If the
SECTION 48. IC 16-31-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. An act or omission
of a paramedic or an advanced emergency medical
technician-intermediate technician 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-intermediate, technician, 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.
SECTION 49. IC 16-31-6-4, AS AMENDED BY SEA 26-2012,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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-intermediate, an emergency medical
technician-basic advanced, technician, an emergency medical
technician, or a person with equivalent certification or licensure 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-intermediate, the emergency medical technician-basic
advanced, technician, an emergency medical technician, the person
with equivalent certification or licensure 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 10-14-3-12 in response to an act that the
governor in good faith believes to be an act of terrorism (as
defined in IC 35-31.5-2-329); and
(2) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
SECTION 50. IC 16-31-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. The emergency
medical services restitution fund is established for the purpose of
reimbursing persons who:
(1) are certified or licensed under IC 16-31-3; and
(2) provided emergency medical services to individuals injured as a result of an accident caused by an individual who:
(A) was operating a vehicle while intoxicated at the time the accident occurred; and
(B) was subsequently convicted under IC 9-30-5 of that offense.
SECTION 51. IC 21-14-1-6, AS ADDED BY P.L.2-2007, SECTION 255, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. "Public safety officer" means any of the following:
(1) A regular, paid law enforcement officer.
(2) A regular, paid firefighter.
(3) A volunteer firefighter (as defined in IC 36-8-12-2).
(4) A county police reserve officer.
(5) A city police reserve officer.
(6) A paramedic (as defined in IC 16-18-2-266).
(7) An emergency medical technician (as defined in IC 16-18-2-112).
(8) An advanced emergency medical technician (as defined in
(9) A hazardous duty employee of the department of correction who:
(A) works within a prison or juvenile facility; or
(B) performs parole or emergency response operations and functions.
SECTION 52. IC 25-22.5-1-2, AS AMENDED BY SEA 26-2012, SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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
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 10-14-3-12 in response to an act that the governor in
good faith believes to be an act of terrorism (as defined in
IC 35-31.5-2-329); 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 certified registered nurse anesthetist (as defined in
IC 25-23-1-1.4) may administer anesthesia if the certified
registered nurse anesthetist acts under the direction of and in the
immediate presence of a physician.
(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 profession under IC 25-27.5.
(24) A physician providing medical treatment under
(25) An attendant who provides attendant care services (as defined in IC 16-18-2-28.5).
(26) A personal services attendant providing authorized attendant care services under IC 12-10-17.1.
(27) A respiratory care practitioner practicing the practitioner's profession under IC 25-34.5.
(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.
SECTION 53. IC 34-6-2-3.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 3.1. "Advanced emergency medical technician", for
purposes of IC 34-18, has the meaning set forth in IC 34-18-2-3.5.
SECTION 54. IC 34-6-2-37.2 IS REPEALED [EFFECTIVE JULY
1, 2012]. 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.
SECTION 55. IC 34-6-2-37.4 IS REPEALED [EFFECTIVE JULY
1, 2012]. 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.
SECTION 56. IC 34-6-2-55, AS AMENDED BY P.L.138-2006,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 55. (a) "Health care services", for purposes of
IC 34-30-13, has the meaning set forth in IC 27-13-1-18(a).
(b) "Health care services", for purposes of IC 34-30-13.5, means:
(1) any services provided by an individual licensed under:
(A) IC 25-2.5;
(B) IC 25-10;
(C) IC 25-13;
(D) IC 25-14;
(E) IC 25-22.5;
(F) IC 25-23;
(G) IC 25-23.5;
(H) IC 25-23.6;
(I) IC 25-24;
(J) IC 25-26;
(K) IC 25-27;
(L) IC 25-27.5;
(M) IC 25-29;
(N) IC 25-33;
(O) IC 25-34.5; or
(P) IC 25-35.6;
(2) services provided as the result of hospitalization;
(3) services incidental to the furnishing of services described in
subdivisions (1) or (2);
(4) any services by individuals: certified as:
(A) licensed as paramedics;
(B) certified as advanced emergency medical
technicians-intermediate; technicians; or
(C) emergency medical technicians-advanced;
(D) emergency medical technicians basic-advanced; or
(5) any services provided by individuals certified as
(6) any other services or goods furnished for the purpose of preventing, alleviating, curing, or healing human illness, physical disability, or injury.
SECTION 57. IC 34-18-2-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3.5. "Advanced emergency medical technician" means an individual who can perform at least one (1) procedure 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.
SECTION 58. IC 34-18-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. "Ambulance service" means a person who employs:
(1) emergency medical technicians;
(2) advanced emergency medical
SECTION 59. IC 34-18-2-12.1 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 60. IC 34-18-2-12.2 IS REPEALED [EFFECTIVE JULY 1, 2012].
SECTION 61. IC 34-18-2-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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, advanced emergency medical
technician-intermediate, technician, emergency medical
technician-basic advanced, or 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.
SECTION 62. IC 35-42-2-6, AS AMENDED BY P.L.131-2009,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. (a) As used in this section, "corrections officer"
includes a person employed by:
(1) the department of correction;
(2) a law enforcement agency;
(3) a probation department;
(4) a county jail; or
(5) a circuit, superior, county, probate, city, or town court.
(b) As used in this section, "firefighter" means a person who is a:
(1) full-time, salaried firefighter;
(2) part-time, paid firefighter; or
(3) volunteer firefighter (as defined in IC 36-8-12-2).
(c) As used in this section,
(1) is certified under IC 16-31 and who meets the Indiana emergency medical services commission's standards for
(2) responds to an incident requiring emergency medical services.
(d) As used in this section, "human immunodeficiency virus (HIV)" includes acquired immune deficiency syndrome (AIDS) and AIDS related complex.
(e) A person who knowingly or intentionally in a rude, insolent, or angry manner places blood or another body fluid or waste on a law enforcement officer, firefighter,
(1) a Class C felony if the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with:
(A) hepatitis B or hepatitis C;
(B) HIV; or
(C) tuberculosis;
(2) a Class B felony if:
(A) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with hepatitis B or hepatitis C and the offense results in the transmission of hepatitis B or hepatitis C to the other person; or
(B) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with tuberculosis and the offense results in the transmission of tuberculosis to the other person; and
(3) a Class A felony if:
(A) the person knew or recklessly failed to know that the
blood, bodily fluid, or waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the other
person.
(f) A person who knowingly or intentionally in a rude, an insolent,
or an angry manner places human blood, semen, urine, or fecal waste
on another person commits battery by body waste, a Class A
misdemeanor. However, the offense is:
(1) a Class D felony if the person knew or recklessly failed to
know that the blood, semen, urine, or fecal waste was infected
with:
(A) hepatitis B or hepatitis C;
(B) HIV; or
(C) tuberculosis;
(2) a Class C felony if:
(A) the person knew or recklessly failed to know that the
blood, semen, urine, or fecal waste was infected with hepatitis
B or hepatitis C and the offense results in the transmission of
hepatitis B or hepatitis C to the other person; or
(B) the person knew or recklessly failed to know that the
blood, semen, urine, or fecal waste was infected with
tuberculosis and the offense results in the transmission of
tuberculosis to the other person; and
(3) a Class B felony if:
(A) the person knew or recklessly failed to know that the
blood, semen, urine, or fecal waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the other
person.
SECTION 63. [EFFECTIVE JULY 1, 2012] (a) An individual
certified as:
(1) an emergency medical technician-basic advanced (as
defined in IC 16-18-2-112.5, before its repeal by this act); or
(2) an emergency medical technician-intermediate (as defined
in IC 16-18-2-112.7, before its repeal by this act);
on June 30, 2012, has two (2) years to comply with the new
requirements for certification under IC 16-31-3, as amended by
this act.
(b) This SECTION expires July 1, 2014.
SECTION 64. [EFFECTIVE JULY 1, 2012] (a) As used in this
SECTION, "commission" refers to the health finance commission
established by IC 2-5-23-3.
(b) The commission shall study during the 2012 legislative
interim issues concerning the licensing of paramedics.
(c) This SECTION expires December 31, 2012.
SECTION 65. An emergency is declared for this act.
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:
Time:
HEA 1186
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