Reprinted
February 17, 2012
ENGROSSED
HOUSE BILL No. 1186
_____
DIGEST OF HB 1186
(Updated February 16, 2012 2:32 pm - DI 110)
Citations Affected: IC 9-19; IC 16-18; IC 16-31; IC 25-22.5; IC 34-6;
noncode.
Synopsis: Paramedic licensing. Provides for the licensure of
paramedics by the emergency medical services commission. (Current
law provides for the certification of paramedics by the emergency
medical services commission). Provides that certain provisions relating
to the unlawful or unauthorized practice of medicine do not apply to
respiratory care practitioners practicing respiratory care. Requires the
health finance commission to study during the 2012 legislative interim
issues concerning the licensing of paramedics. Makes conforming
changes.
Effective: Upon passage; July 1, 2012.
Brown T
, Welch
, Frye R
, Sullivan
(SENATE SPONSORS _ MILLER, TALLIAN, ARNOLD)
January 9, 2012, read first time and referred to Committee on Public Health.
January 23, 2012, reported _ Do Pass.
January 26, 2012, read second time, ordered engrossed. Engrossed.
January 27, 2012, read third time, passed. Yeas 91, nays 0.
SENATE ACTION
February 1, 2012, read first time and referred to Committee on Public Policy.
February 14, 2012, amended, reported favorably _ Do Pass.
February 16, 2012, read second time, amended, ordered engrossed.
Reprinted
February 17, 2012
Second Regular Session 117th General Assembly (2012)
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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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1186
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-19-14.5-1; (12)EH1186.2.1. -->
SECTION 1. 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 emergency medical
technician-intermediate, certified emergency medical technician-basic
advanced, certified emergency medical technician, certified emergency
medical service driver, or certified emergency medical service first
responder while traveling in the line of duty in connection with
emergency medical services activities may display 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.
SOURCE: IC 16-18-2-266; (12)EH1186.2.2. -->
SECTION 2. 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.
SOURCE: IC 16-18-2-295; (12)EH1186.2.3. -->
SECTION 3. 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 emergency medical technician-basic advanced, a
certified emergency medical technician-intermediate, or a
certified licensed paramedic.
(6) The state department or a local health department or an
employee, agent, designee, or contractor of the state department
or local health department.
(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.
SOURCE: IC 16-31-2-2; (12)EH1186.2.4. -->
SECTION 4. 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 certified licensed paramedic.
(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.
SOURCE: IC 16-31-2-7; (12)EH1186.2.5. -->
SECTION 5. 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.
SOURCE: IC 16-31-2-12; (12)EH1186.2.6. -->
SECTION 6. 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.
SOURCE: IC 16-31-2-13; (12)EH1186.2.7. -->
SECTION 7. 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.
SOURCE: IC 16-31-3-1; (12)EH1186.2.8. -->
SECTION 8. 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.
SOURCE: IC 16-31-3-2; (12)EH1186.2.9. -->
SECTION 9. 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.
SOURCE: IC 16-31-3-3; (12)EH1186.2.10. -->
SECTION 10. 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, 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.
SOURCE: IC 16-31-3-6; (12)EH1186.2.11. -->
SECTION 11. 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.
SOURCE: IC 16-31-3-7; (12)EH1186.2.12. -->
SECTION 12. 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.
SOURCE: IC 16-31-3-8; (12)EH1186.2.13. -->
SECTION 13. 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.
SOURCE: IC 16-31-3-9; (12)EH1186.2.14. -->
SECTION 14. 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.
SOURCE: IC 16-31-3-10; (12)EH1186.2.15. -->
SECTION 15. 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, an emergency
medical technician-basic advanced, or an emergency medical
technician-intermediate or a paramedic certificate or a paramedic
license shall be issued to an individual who meets the following
conditions:
(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, an emergency
medical technician-basic advanced, or an emergency medical
technician-intermediate or a paramedic certificate or a paramedic
license must be issued to an individual who meets the following
conditions:
(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.
SOURCE: IC 16-31-3-11; (12)EH1186.2.16. -->
SECTION 16. 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.
SOURCE: IC 16-31-3-12; (12)EH1186.2.17. -->
SECTION 17. 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.
SOURCE: IC 16-31-3-13.5; (12)EH1186.2.18. -->
SECTION 18. 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.
SOURCE: IC 16-31-3-14; (12)EH1186.2.19. -->
SECTION 19. IC 16-31-3-14, AS AMENDED BY P.L.182-2011,
SECTION 2, 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, or certificate holder, or
license holder has been convicted of an offense. The acts from which
the applicant's, or certificate holder's, or license holder's conviction
resulted may be considered as to whether the applicant or certificate
holder or license holder should be entrusted to serve the public in a
specific capacity.
(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 cannabinoid as a Class D felony under IC 35-48-4-11.
(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.
SOURCE: IC 16-31-3-14.5; (12)EH1186.2.20. -->
SECTION 20. IC 16-31-3-14.5, AS AMENDED BY P.L.182-2011,
SECTION 3, 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
cannabinoid 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).
SOURCE: IC 16-31-3-16; (12)EH1186.2.21. -->
SECTION 21. 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.
SOURCE: IC 16-31-3-17; (12)EH1186.2.22. -->
SECTION 22. 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.
SOURCE: IC 16-31-3-20; (12)EH1186.2.23. -->
SECTION 23. 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, emergency medical
technicians-intermediate, 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 emergency
medical technicians-intermediate.
SOURCE: IC 16-31-3-21; (12)EH1186.2.24. -->
SECTION 24. 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 emergency
medical technician-intermediate may perform advanced life support in
an emergency according to the rules of the commission.
(b) Notwithstanding any other law, a person may, during a course
of instruction in advanced life support, perform advanced life support
according to the rules of the commission.
SOURCE: IC 16-31-6-4; (12)EH1186.2.25. -->
SECTION 25. IC 16-31-6-4 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 emergency medical
technician-intermediate, an emergency medical technician-basic
advanced, 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 emergency medical technician-intermediate, the
emergency medical technician-basic advanced, 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 35-41-1-26.5); and
(2) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
SOURCE: IC 16-31-8-1; (12)EH1186.2.26. -->
SECTION 26. 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.
SOURCE: IC 25-22.5-1-2; (12)EH1186.2.27. -->
SECTION 27. IC 25-22.5-1-2, AS AMENDED BY P.L.177-2009,
SECTION 40, 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 emergency
medical technician-basic advanced (as defined in
IC 16-18-2-112.5), an emergency medical technician-intermediate
(as defined in IC 16-18-2-112.7), an emergency medical
technician (as defined in IC 16-18-2-112), or a person with
equivalent certification from another state who renders advanced
life support (as defined in IC 16-18-2-7), or basic life support (as
defined in IC 16-18-2-33.5):
(A) during a disaster emergency declared by the governor
under IC 10-14-3-12 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.
(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.
SOURCE: IC 34-6-2-55; (12)EH1186.2.28. -->
SECTION 28. 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 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.
SOURCE: ; (12)EH1186.2.29. -->
SECTION 29. [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.
SOURCE: ; (12)EH1186.2.30. -->
SECTION 30.
An emergency is declared for this act.