Bill Text: IN SB0087 | 2010 | Regular Session | Engrossed
Bill Title: Suspensions or terminations of EMS personnel.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [SB0087 Detail]
Download: Indiana-2010-SB0087-Engrossed.html
Citations Affected: IC 36-8.
Synopsis: Suspensions or terminations of EMS personnel. Provides
that a medical director of a police or fire department or a volunteer fire
department must provide a written explanation to an individual who is
a member of the department, and as a condition of employment or
appointment, holds a certification to provide emergency medical
services, if the medical director refuses or fails to supervise or attest to
the competency of the individual to provide emergency medical
services or suspends the individual from performing emergency
medical services. Provides that, before a department takes any
employment or appointment related action against the individual, the
individual is entitled to a hearing and appeal of the medical director's
refusal, failure, or suspension. Requires the board or commission
hearing the appeal to consult with an independent medical expert who
must have certain qualifications in order to determine whether the
individual followed the applicable emergency medical services
protocol, if the medical director's action that is the subject of the appeal
is based on a health care decision made by the individual in performing
emergency medical services.
Effective: July 1, 2010.
(HOUSE SPONSORS _ MOSELEY, TYLER)
January 5, 2010, read first time and referred to Committee on Pensions and Labor.
January 28, 2010, reported favorably _ Do Pass.
February 1, 2010, read second time, ordered engrossed. Engrossed.
February 2, 2010, read third time, passed. Yeas 49, nays 1.
February 8, 2010, read first time and referred to Committee on Labor and Employment.
February 16, 2010, amended, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
(1) the employee is an appointed police officer or firefighter; or
(2) under section 5 of this chapter, the police or fire department is exempt from sections 3, 4, and 4.1 of this chapter.
(b) As used in this section, "certified employee" means an individual who, as a condition of employment, holds a valid certification issued under IC 16-31-3 by the Indiana emergency medical services commission established by IC 16-31-2-1.
(c) As used in this section, "medical director" means a physician with an unlimited license to practice medicine in Indiana and who performs the duties and responsibilities described in 836
IAC 2-2-1.
(d) If a medical director takes any of the following actions
against a certified employee, the medical director shall provide to
the certified employee and to the chief of the certified employee's
department a written explanation of the reasons for the action
taken by the medical director:
(1) The medical director refuses or fails to supervise or
otherwise provide medical control and direction to the
certified employee.
(2) The medical director refuses or fails to attest to the
competency of the certified employee to perform emergency
medical services.
(3) The medical director suspends the certified employee from
performing emergency medical services.
(e) Before a police or fire department takes any employment
related action against a certified employee as the result of a
medical director's action described in subsection (d), the certified
employee is entitled to a hearing and appeal concerning the
medical director's action as provided in section 4 of this chapter.
(f) If the medical director's action that is the subject of an
appeal under subsection (e) is based on a health care decision made
by the certified employee in performing emergency medical
services, the safety board conducting the hearing shall consult with
an independent medical expert to determine whether the certified
employee followed the applicable emergency medical services
protocol in making the health care decision. The independent
medical expert:
(1) must be a physician trained in emergency medical
services; and
(2) may not be affiliated with the same hospital as the medical
director.
or fire department. A municipality may exercise the power of
establishing a merit system for its police or fire department under this
chapter or by ordinance adopted under IC 36-1-4-14. A township may
exercise the power of establishing a merit system for its fire department
under this chapter or by resolution under IC 36-1-4-14. This chapter
does not affect merit systems established:
(1) by ordinance under IC 36-1-4-14, except as provided by
subsection (e) and section 19.3 of this chapter;
(2) by resolution under IC 36-1-4-14, except as provided by
subsection (f) and section 19.3 of this chapter; or
(3) by a prior statute, except as provided by subsection (b) and
section 19.3 of this chapter.
(b) If a city had a merit system for its police or fire department
under the former IC 18-4-12, IC 19-1-7, IC 19-1-14, IC 19-1-14.2,
IC 19-1-14.3, IC 19-1-14.5, IC 19-1-20, IC 19-1-21, IC 19-1-29,
IC 19-1-29.5, IC 19-1-31, IC 19-1-31.5, or IC 19-1-37.5, it may retain
that system by ordinance of the city legislative body passed before
January 1, 1983. The ordinance must initially incorporate all the
provisions of the prior statute but may be amended by the legislative
body after December 31, 1984. The ordinance retaining the system
must be amended, if necessary, to include a provision under which the
commission (or governing board of the merit system) has at least
one-third (1/3) of its members elected by the active members of the
department as prescribed by section 8 of this chapter. Each elected
commission member must:
(1) be a person of good moral character; and
(2) except for a member of a fire department having a merit
system established under IC 19-1-37.5, not be an active member
of a police or fire department or agency.
(c) After December 31, 1984, the legislative body also may repeal
the ordinance described in subsection (b), but the legislative body shall
in the repealing ordinance concurrently establish a new merit system
under section 3 of this chapter. (This subsection does not require the
legislative body to establish a new merit system when it exercises its
power to amend the ordinance under subsection (b).) After the new
merit system takes effect, all members of the department are entitled to
the same ranks and pay grades the members held under the prior
system, subject to changes made in accordance with this chapter.
(d) If a city had a merit system for its police or fire department
under a prior statute but fails to retain that system under subsection (b),
the city legislative body shall, before July 1, 1983, pass an ordinance
to establish a new merit system under section 3 of this chapter. If the
new merit system is approved as provided by section 4 of this chapter,
it takes effect as provided by that section. However, if the new merit
system is rejected under section 4 of this chapter, within thirty (30)
days the city legislative body shall adopt an ordinance to retain the
prior merit system. The prior merit system remains in effect until the
new merit system takes effect, after which time all members of the
department are entitled to the same ranks and pay grades the members
held under the prior system, subject to changes made in accordance
with this chapter.
(e) An ordinance adopted under IC 36-1-4-14 to establish a police
or fire merit system must include a provision under which the
commission, or governing board of the merit system, has at least
one-third (1/3) of its members elected by the active members of the
department as prescribed by section 8 of this chapter. Each elected
commission member must be a person of good moral character who is
not an active member of a police or fire department or agency. If an
ordinance was adopted under IC 36-1-4-14 before July 1, 1988, the
ordinance must be amended to include this requirement.
(f) This chapter does not prevent a township or other unit that has
adopted a merit system under section 3 of this chapter from later
amending or deleting any provisions of the merit system contained in
this chapter. However, the merit system must include a provision under
which the commission has at least one-third (1/3) of its members
elected by the active members of the department, as set forth in section
8 of this chapter and a provision that incorporates the requirements of
section 6(a) of this chapter. This subsection does not require the
legislative body to establish a new merit system when it exercises its
power to amend under this subsection.
(1) the employee is an appointed police officer or firefighter; or
(2) the department has a merit system to which this chapter does not otherwise apply as provided under section 1 of this chapter.
(b) As used in this section, "certified employee" means an individual who, as a condition of employment, holds a valid certification issued under IC 16-31-3 by the Indiana emergency medical services commission established by IC 16-31-2-1.
(c) As used in this section, "medical director" means a physician with an unlimited license to practice medicine in Indiana and who performs the duties and responsibilities described in 836 IAC 2-2-1.
(d) If a medical director takes any of the following actions against a certified employee, the medical director shall provide to the certified employee and to the chief of the certified employee's department a written explanation of the reasons for the action taken by the medical director:
(1) The medical director refuses or fails to supervise or otherwise provide medical control and direction to the certified employee.
(2) The medical director refuses or fails to attest to the competency of the certified employee to perform emergency medical services.
(3) The medical director suspends the certified employee from performing emergency medical services.
(e) Before a department takes any employment related action as the result of a medical director's action described in subsection (d) against a certified employee, the certified employee is entitled to a hearing and appeal concerning the medical director's action as provided in sections 17 and 18 of this chapter.
(f) If the medical director's action that is the subject of an appeal under subsection (e) is based on a health care decision made by the certified employee in performing emergency medical services, the commission conducting the hearing shall consult with an independent medical expert to determine whether the certified employee followed the applicable emergency medical services protocol in making the health care decision. The independent medical expert:
(1) must be a physician trained in emergency medical services; and
(2) may not be affiliated with the same hospital as the medical director.
(b) If a medical director takes any of the following actions against a member of the emergency medical services personnel, the
medical director shall provide to the member and to the chief of
the member's volunteer fire department a written explanation of
the reasons for the action taken by the medical director:
(1) The medical director refuses or fails to supervise or
otherwise provide medical control and direction to the
member.
(2) The medical director refuses or fails to attest to the
competency of the member to perform emergency medical
services.
(3) The medical director suspends the member from
performing emergency medical services.
(c) Before a volunteer fire department takes an action that
affects the member's appointment with the volunteer fire
department as the result of a medical director's action described in
subsection (b), the member is entitled to a hearing and appeal
concerning the medical director's action as provided in
IC 36-8-3-4. The safety board of the unit that entered into an
agreement with the volunteer fire department under section 3 of
this chapter shall hear the member's appeal provided by this
subsection.
(d) If the medical director's action that is the subject of an
appeal under subsection (c) is based on a health care decision made
by the member in performing emergency medical services, the
safety board conducting the hearing shall consult with an
independent medical expert to determine whether the member
followed the applicable emergency medical services protocol in
making the health care decision. The independent medical expert:
(1) must be a physician trained in emergency medical
services; and
(2) may not be affiliated with the same hospital as the medical
director.
