Bill Text: IN HB1186 | 2012 | Regular Session | Amended
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-Amended.html
Citations Affected: IC 5-31; IC 9-19; IC 9-30; IC 10-14; IC 16-18;
IC 16-31; IC 16-41; IC 21-14; IC 25-22.5; IC 31-9; IC 34-6; IC 34-18;
IC 34-30; IC 35-45; IC 35-47.
Synopsis: Paramedic licensing. Provides for the licensure of
paramedics by the emergency medical services commission.
Establishes qualifications and requirements for a licensed paramedic.
Makes it a Class B misdemeanor to practice as a paramedic without a
license. Provides for the transition from paramedic certification to
licensure. Makes conforming changes. Replaces definitions of
"paramedic" with definitions of "licensed paramedic". Makes technical
corrections.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Public Health.
January 23, 2012, reported _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
(1) a physician, a hospital, a health facility (including health facilities under IC 16-28), a psychiatric hospital, an emergency ambulance service, a dentist, a registered or licensed practical nurse, a pharmacist, a pharmacy, a physician assistant, an optometrist, a podiatrist, a chiropractor, a physical therapist, a respiratory care practitioner, an occupational therapist, a psychologist, a licensed paramedic, or an emergency medical technician; and
(2) an agent of a person or an entity described in subdivision (1).
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 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.
(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 emergency medical technician-basic advanced (as defined
in IC 16-18-2-112.5).
(5) An emergency medical technician-intermediate (as defined in
IC 16-18-2-112.7).
(6) A licensed paramedic (as defined in IC 16-18-2-266).
licensed under IC 16-31-3.2.
(1) A member of a fire department (as defined in IC 36-8-1-8).
(2) An emergency medical service provider (as defined in IC 16-41-10-1).
(3) A member of a police department (as defined in IC 36-8-1-9).
(4) A correctional officer (as defined in IC 5-10-10-1.5).
(5) A state police officer.
(6) A county police officer.
(7) A police reserve officer.
(8) A county sheriff.
(9) A deputy sheriff.
(10) An excise police officer.
(11) A conservation enforcement officer.
(12) A town marshal.
(13) A deputy town marshal.
(14) A postsecondary educational institution police officer appointed under IC 21-17-5 or IC 21-39-4.
(15) A probation officer.
(16) A licensed paramedic.
(17) A volunteer firefighter (as defined in IC 36-8-12-2).
(18) An emergency medical technician or a licensed paramedic working in a volunteer capacity.
(19) A member of the armed forces of the United States.
(20) A member of the Indiana Air National Guard.
(21) A member of the Indiana Army National Guard.
(22) A member of a state or local emergency management agency.
(23) A member of a consolidated law enforcement department established under IC 36-3-1-5.1.
(b) For purposes of this section, "dies in the line of duty" refers to a death that occurs as a direct result of personal injury or illness resulting from any action that a member of the military or public safety officer, in the member of the military's or public safety officer's official capacity, is obligated or authorized by rule, regulation, condition of employment or services, or law to perform in the course of performing the member of the military's or public safety officer's duty.
(c) If a member of the military or public safety officer dies in the line of duty, a state flag shall be presented to:
(1) the surviving spouse;
(2) the surviving children if there is no surviving spouse; or
(3) the surviving parent or parents if there is no surviving spouse and there are no surviving children.
(d) The agency shall administer this section.
(e) The director may adopt rules under IC 4-22-2 to implement this section.
(1) at the scene of:
(A) an accident;
(B) an act of terrorism (as defined in IC 35-41-1-26.5), if the governor has declared a disaster emergency under IC 10-14-3-12 in response to the act of terrorism; or
(C) an illness;
(2) during transport; or
(3) at a hospital;
by a licensed paramedic or an emergency medical technician-intermediate and that is more advanced than the care usually provided by an emergency medical technician or an emergency medical technician-basic advanced.
(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.
(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.
(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 licensed paramedic, an emergency medical technician, an emergency medical 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 licensed paramedic;
(7) an emergency medical technician;
(8) an emergency medical technician-basic advanced;
(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.
(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).
the purposes of this chapter, IC 16-31, and IC 16-41-10-1, has the
meaning set forth in IC 16-31-3.2-2.
(b) "Provider", for purposes of IC 16-38-5, IC 16-39 (except for IC 16-39-7),
(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 emergency medical technician-basic advanced, a certified emergency medical technician-intermediate, or a
(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.
(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.
(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, emergency medical technician-intermediate, emergency medical technician-basic advanced, emergency medical technician, or first 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.
(b) A renewal of an emergency medical technician, an emergency medical technician-basic advanced, or an emergency medical technician-intermediate
(1) While holding a valid 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, or an emergency medical technician-intermediate
(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.
(1) Requirements and procedures for the certification of provider organizations,
(2) Rules governing the operation of advanced life support services, including the medications and procedures that may be administered and performed by licensed paramedics and emergency medical technicians-intermediate.
(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.
Chapter 3.2. Licensure of Paramedics
Sec. 1. As used in this chapter, "commission" refers to the Indiana emergency medical services commission created by IC 16-31-2-1.
Sec. 2. As used in this chapter, "licensed paramedic" means an individual who holds a license issued by the commission under this chapter.
Sec. 3. The commission shall do the following:
(1) Establish requirements for licensure as a licensed paramedic.
(2) Establish fees for the licensure of paramedics.
(3) Establish annual continuing education requirements for license renewal.
Sec. 4. The commission shall adopt rules under IC 4-22-2 to administer this chapter.
Sec. 5. (a) An individual may not practice as a paramedic unless the individual has a paramedic license issued under this chapter.
(b) To be issued a license under this chapter, an applicant must satisfy the following requirements:
(1) Be at least twenty-one (21) years of age.
(2) Satisfactorily complete:
(A) a course in advanced life support prescribed by the commission; and
(B) any other educational and practical requirements adopted by the commission.
(3) Be:
(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.
(4) Pay the fee established by the commission.
Sec. 6. The commission shall grant a license to practice as a paramedic to an applicant who satisfies the requirements of section 5 of this chapter.
Sec. 7. (a) A license issued under this chapter expires two (2) years after the date of issuance. Failure to renew a license on or before the expiration date invalidates the license without any action by the commission.
(b) The commission shall set the procedure for renewal of a license.
Sec. 8. Only an individual who is a licensed paramedic under this chapter may use the title "licensed paramedic".
Sec. 9. The commission may deny the license application of an individual or suspend or revoke the paramedic license of an individual if the individual does any of the following:
(1) Engages in unprofessional conduct as defined by the commission's rules.
(2) Obtains a paramedic license through fraud.
(3) Violates this article or a rule adopted by the commission under this chapter.
Sec. 10. The commission may impose a civil penalty of not more
than five hundred dollars ($500) upon an individual licensed under
this chapter who commits an act or makes an omission described
in section 9 of this chapter.
Sec. 11. The commission may issue a license to an individual
who is licensed as a paramedic in another state having
requirements that the commission determines are at least equal to
the licensing requirements of this chapter.
Sec. 12. An individual who knowingly or intentionally:
(1) practices as a paramedic; or
(2) uses the title "licensed paramedic";
without holding a license required under this chapter commits a
Class B misdemeanor.
Sec. 13. (a) Notwithstanding this chapter, an individual who:
(1) was certified by the Indiana emergency medical services
commission as a certified paramedic under IC 16-31 before
July 1, 2012; and
(2) practices as a paramedic after June 30, 2012;
is considered to be a licensed paramedic under this chapter until
the date the individual's certification under IC 16-31 is set to
expire.
(b) The commission is not required to issue a new license under
this chapter for a licensed paramedic described in subsection (a)
until the licensed paramedic applies for a license to replace the
licensed paramedic's certification.
(c) This section does not prohibit the commission from
disciplining or sanctioning a licensed paramedic who violates
section 5 or 12 of this chapter. A disciplinary action or order
against a certified paramedic before July 1, 2012, is considered a
disciplinary action or order against the licensed paramedic after
June 30, 2012.
(d) This section expires July 1, 2013.
(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.
(b) An act or omission of a licensed paramedic, an emergency medical technician-intermediate, an emergency medical technician-basic advanced, an emergency medical technician, or a person with equivalent licensure or 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 licensed paramedic, the emergency medical technician-intermediate, the emergency medical technician-basic advanced, an emergency medical technician, the person with equivalent licensure or 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 10-14-3-12 in response to an act that the governor in good faith believes to be an act of terrorism (as defined in IC 35-41-1-26.5); and
(2) in accordance with the rules adopted by the Indiana emergency medical services commission or the disaster emergency declaration of the governor.
(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 licensed paramedic (as defined in
(7) An emergency medical technician (as defined in IC 16-18-2-112).
(8) An advanced emergency medical technician (as defined in IC 16-18-2-6) (repealed).
(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.
(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 licensed paramedic
(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 35-41-1-26.5); 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 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
IC 25-22.5-1-2.1.
(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.
(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.
(1) A licensed physician, intern, or resident.
(2) An osteopath.
(3) A chiropractor.
(4) A dentist.
(5) A podiatrist.
(6) A registered nurse or other licensed nurse.
(7) A mental health professional.
(8) A licensed paramedic or an emergency medical technician.
(9) A social worker, an x-ray technician, or a laboratory technician employed by a hospital.
(10) A pharmacist.
(11) A person working under the direction of any of the practitioners listed in subdivisions (1) through (10).
(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:
(A) licensed as paramedics;
(B) certified as emergency medical technicians-intermediate;
(C) certified as emergency medical technicians-advanced;
(D) certified as emergency medical technicians basic-advanced; or
(E) certified as emergency medical technicians under IC 16-31-2;
(5) any services provided by individuals certified as first responders under IC 16-31-2; or
(6) any other services or goods furnished for the purpose of preventing, alleviating, curing, or healing human illness, physical disability, or injury.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 73.6. "Licensed paramedic", for
purposes of IC 34-18, has the meaning set forth in IC 34-18-2-17.5.
(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, a psychiatric hospital, a hospital, a health facility, an emergency ambulance service (IC 16-18-2-107), a dentist, a registered or a licensed practical nurse, a physician assistant, a midwife, an optometrist, a podiatrist, a chiropractor, a physical therapist, a respiratory care practitioner, an occupational therapist, a psychologist, a licensed paramedic, an emergency medical technician-intermediate, an emergency medical technician-basic advanced, or an emergency medical technician, or a person who is an officer, an employee, or an 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.
(b) For the purposes of this article, "licensed paramedic" does not include a person licensed under IC 16-31-3.2 while that person is operating an emergency vehicle.
(1) An individual, a partnership, a professional corporation, a facility, or an institution licensed or legally authorized by the state to provide health care or professional services as any of the following:
(A) A licensed physician.
(B) A psychiatric hospital.
(C) A hospital.
(D) A health facility.
(E) A nurse licensed under IC 25-23.
(F) A licensed paramedic.
(G) An emergency technician.
(H) An advanced emergency technician.
(2) An employee of an individual or entity described in subdivision (1).
(3) A member of the medical staff of an individual or entity described in subdivision (1).
(4) An individual who has been authorized by the governing board of an individual or entity described in subdivision (1) to provide health care services on the individual's or entity's premises or on the individual's or entity's behalf.
(5) An individual who, under contract with an individual or entity
described in subdivision (1), administers an inoculation or
another medical countermeasure against an actual or a potential
bioterrorist incident or another actual or potential public health
emergency under the circumstances described in section 1 of this
chapter.
(1) a law enforcement officer;
(2) a correctional officer;
(3) a state university police officer;
(4) a firefighter;
(5) an emergency medical technician; or
(6) a licensed paramedic.
(1) a state police officer;
(2) a county sheriff;
(3) a county police officer;
(4) a correctional officer;
(5) an excise police officer;
(6) a county police reserve officer;
(7) a city police officer;
(8) a city police reserve officer;
(9) a conservation enforcement officer;
(10) a gaming agent;
(11) a town marshal;
(12) a deputy town marshal;
(13) a state educational institution police officer appointed under IC 21-39-4;
(14) a probation officer;
(15) a firefighter (as defined in IC 9-18-34-1);
(16) an emergency medical technician;
(17) a licensed paramedic;
(18) a member of a consolidated law enforcement department established under IC 36-3-1-5.1; or
(19) a gaming control officer.
