Bill Text: IN SB0371 | 2012 | Regular Session | Engrossed


Bill Title: Emergency medical services matters.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Enrolled - Dead) 2012-03-06 - Concurrence withdrawn [SB0371 Detail]

Download: Indiana-2012-SB0371-Engrossed.html


February 21, 2012





ENGROSSED

SENATE BILL No. 371

_____


DIGEST OF SB 371 (Updated February 21, 2012 12:06 pm - DI 109)



Citations Affected: IC 4-22; IC 9-19; IC 9-30; IC 16-18; IC 16-31; IC 21-14; IC 25-22.5; IC 34-6; IC 34-18; IC 35-42; noncode.

Synopsis: Emergency medical services matters. Renames "emergency medical technician-intermediate" as "advanced emergency medical technician". Deletes the term "emergency medical technician-basic advanced". Renames "first responders" as "emergency medical responders". Authorizes the Indiana emergency medical services commission (commission) to implement an emergency services personnel certification program through emergency rules. Requires that an emergency medical dispatcher must have completed training that meets specified standards and removes language in which the commission certified an emergency medical dispatch agency. Allows an individual who is currently certified as (1) an emergency medical technician-basic advanced, or (2) an emergency medical technician-intermediate two years to comply with new certification requirements for emergency medical services personnel. Makes conforming amendments.

Effective: July 1, 2012.





Mishler , Arnold, Wyss
(HOUSE SPONSORS _ FRYE R, GRUBB)




    January 9, 2012, read first time and referred to Committee on Homeland Security, Transportation and Veterans Affairs.
    January 24, 2012, reported favorably _ Do Pass.
    January 30, 2012, read second time, ordered engrossed. Engrossed.
    February 1, 2012, read third time, passed. Yeas 49, nays 0.

HOUSE ACTION

    February 13, 2012, read first time and referred to Committee on Veterans Affairs and Public Safety.
    February 21, 2012, amended, reported _ Do Pass.






February 21, 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 this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the 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

SENATE BILL No. 371



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 4-22-2-37.1; (12)ES0371.1.1. -->     SECTION 1. IC 4-22-2-37.1, AS AMENDED BY P.L.229-2011, SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 37.1. (a) This section applies to a rulemaking action resulting in any of the following rules:
        (1) An order adopted by the commissioner of the Indiana department of transportation under IC 9-20-1-3(d) or IC 9-21-4-7(a) and designated by the commissioner as an emergency rule.
        (2) An action taken by the director of the department of natural resources under IC 14-22-2-6(d) or IC 14-22-6-13.
        (3) An emergency temporary standard adopted by the occupational safety standards commission under IC 22-8-1.1-16.1.
        (4) An emergency rule adopted by the solid waste management board under IC 13-22-2-3 and classifying a waste as hazardous.
        (5) A rule, other than a rule described in subdivision (6), adopted by the department of financial institutions under IC 24-4.5-6-107

and declared necessary to meet an emergency.
        (6) A rule required under IC 24-4.5-1-106 that is adopted by the department of financial institutions and declared necessary to meet an emergency under IC 24-4.5-6-107.
        (7) A rule adopted by the Indiana utility regulatory commission to address an emergency under IC 8-1-2-113.
        (8) An emergency rule adopted by the state lottery commission under IC 4-30-3-9.
        (9) A rule adopted under IC 16-19-3-5 or IC 16-41-2-1 that the executive board of the state department of health declares is necessary to meet an emergency.
        (10) An emergency rule adopted by the Indiana finance authority under IC 8-21-12.
        (11) An emergency rule adopted by the insurance commissioner under IC 27-1-23-7 or IC 27-1-12.1.
        (12) An emergency rule adopted by the Indiana horse racing commission under IC 4-31-3-9.
        (13) An emergency rule adopted by the air pollution control board, the solid waste management board, or the water pollution control board under IC 13-15-4-10(4) or to comply with a deadline required by or other date provided by federal law, provided:
            (A) the variance procedures are included in the rules; and
            (B) permits or licenses granted during the period the emergency rule is in effect are reviewed after the emergency rule expires.
        (14) An emergency rule adopted by the Indiana election commission under IC 3-6-4.1-14.
        (15) An emergency rule adopted by the department of natural resources under IC 14-10-2-5.
        (16) An emergency rule adopted by the Indiana gaming commission under IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3, IC 4-33-4-14, IC 4-33-22-12, or IC 4-35-4-2.
        (17) An emergency rule adopted by the alcohol and tobacco commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or IC 7.1-3-20-24.4.
        (18) An emergency rule adopted by the department of financial institutions under IC 28-15-11.
        (19) An emergency rule adopted by the office of the secretary of family and social services under IC 12-8-1-12.
        (20) An emergency rule adopted by the office of the children's health insurance program under IC 12-17.6-2-11.


        (21) An emergency rule adopted by the office of Medicaid policy and planning under IC 12-15-41-15.
        (22) An emergency rule adopted by the Indiana state board of animal health under IC 15-17-10-9.
        (23) An emergency rule adopted by the board of directors of the Indiana education savings authority under IC 21-9-4-7.
        (24) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-34 (repealed).
        (25) An emergency rule adopted by the department of local government finance under IC 6-1.1-4-33 (repealed).
        (26) An emergency rule adopted by the boiler and pressure vessel rules board under IC 22-13-2-8(c).
        (27) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-37(l) (repealed) or an emergency rule adopted by the department of local government finance under IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
        (28) An emergency rule adopted by the board of the Indiana economic development corporation under IC 5-28-5-8.
        (29) A rule adopted by the department of financial institutions under IC 34-55-10-2.5.
        (30) A rule adopted by the Indiana finance authority:
            (A) under IC 8-15.5-7 approving user fees (as defined in IC 8-15.5-2-10) provided for in a public-private agreement under IC 8-15.5;
            (B) under IC 8-15-2-17.2(a)(10):
                (i) establishing enforcement procedures; and
                (ii) making assessments for failure to pay required tolls;
            (C) under IC 8-15-2-14(a)(3) authorizing the use of and establishing procedures for the implementation of the collection of user fees by electronic or other nonmanual means; or
            (D) to make other changes to existing rules related to a toll road project to accommodate the provisions of a public-private agreement under IC 8-15.5.
        (31) An emergency rule adopted by the board of the Indiana health informatics corporation under IC 5-31-5-8.
        (32) An emergency rule adopted by the department of child services under IC 31-25-2-21, IC 31-27-2-4, IC 31-27-4-2, or IC 31-27-4-3.
        (33) An emergency rule adopted by the Indiana real estate commission under IC 25-34.1-2-5(15).
        (34) A rule adopted by the department of financial institutions

under IC 24-4.4-1-101 and determined necessary to meet an emergency.
        (35) An emergency rule adopted by the state board of pharmacy regarding returning unused medication under IC 25-26-23.
        (36) An emergency rule adopted by the department of local government finance under IC 6-1.1-12.6 or IC 6-1.1-12.8.
        (37) An emergency rule adopted by the office of the secretary of family and social services or the office of Medicaid policy and planning concerning the following:
            (A) Federal Medicaid waiver program provisions.
            (B) Federal programs administered by the office of the secretary.
         (38) An emergency rule adopted by the Indiana emergency medical services commission under IC 16-31-3-24.
    (b) The following do not apply to rules described in subsection (a):
        (1) Sections 24 through 36 of this chapter.
        (2) IC 13-14-9.
    (c) After a rule described in subsection (a) has been adopted by the agency, the agency shall submit the rule to the publisher for the assignment of a document control number. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the format of the rule and other documents to be submitted under this subsection.
    (d) After the document control number has been assigned, the agency shall submit the rule to the publisher for filing. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the format of the rule and other documents to be submitted under this subsection.
    (e) Subject to section 39 of this chapter, the publisher shall:
        (1) accept the rule for filing; and
        (2) electronically record the date and time that the rule is accepted.
    (f) A rule described in subsection (a) takes effect on the latest of the following dates:
        (1) The effective date of the statute delegating authority to the agency to adopt the rule.
        (2) The date and time that the rule is accepted for filing under subsection (e).
        (3) The effective date stated by the adopting agency in the rule.
        (4) The date of compliance with every requirement established by

law as a prerequisite to the adoption or effectiveness of the rule.
    (g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6, IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in subsections (j), (k), and (l), a rule adopted under this section expires not later than ninety (90) days after the rule is accepted for filing under subsection (e). Except for a rule adopted under subsection (a)(13), (a)(24), (a)(25), or (a)(27), the rule may be extended by adopting another rule under this section, but only for one (1) extension period. The extension period for a rule adopted under subsection (a)(28) may not exceed the period for which the original rule was in effect. A rule adopted under subsection (a)(13) may be extended for two (2) extension periods. Subject to subsection (j), a rule adopted under subsection (a)(24), (a)(25), or (a)(27) may be extended for an unlimited number of extension periods. Except for a rule adopted under subsection (a)(13), for a rule adopted under this section to be effective after one (1) extension period, the rule must be adopted under:
        (1) sections 24 through 36 of this chapter; or
        (2) IC 13-14-9;
as applicable.
    (h) A rule described in subsection (a)(8), (a)(12), (a)(19), (a)(20), (a)(21), (a)(29), or (a)(37) expires on the earlier of the following dates:
        (1) The expiration date stated by the adopting agency in the rule.
        (2) The date that the rule is amended or repealed by a later rule adopted under sections 24 through 36 of this chapter or this section.
    (i) This section may not be used to readopt a rule under IC 4-22-2.5.
    (j) A rule described in subsection (a)(24) or (a)(25) expires not later than January 1, 2006.
    (k) A rule described in subsection (a)(28) expires on the expiration date stated by the board of the Indiana economic development corporation in the rule.
    (l) A rule described in subsection (a)(30) expires on the expiration date stated by the Indiana finance authority in the rule.
    (m) A rule described in subsection (a)(5) or (a)(6) expires on the date the department is next required to issue a rule under the statute authorizing or requiring the rule.

SOURCE: IC 9-19-14.5-1; (12)ES0371.1.2. -->     SECTION 2. IC 9-19-14.5-1, AS AMENDED BY P.L.138-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. A privately owned vehicle belonging to a certified paramedic, certified advanced emergency medical technician-intermediate, certified emergency medical technician-basic advanced, technician, certified emergency medical technician,

certified emergency medical service driver, or certified emergency medical service first responder while traveling in the line of duty in connection with emergency medical services activities may display flashing or revolving green lights, subject to the following restrictions and conditions:
        (1) The lights may not have a light source less than fifty (50) candlepower.
        (2) All lights must be prominently displayed on the top of the vehicle.
        (3) Not more than two (2) green lights may be displayed on a vehicle and each light must be of the flashing or revolving type and visible at three hundred sixty (360) degrees.
        (4) The lights must consist of:
            (A) a lamp with a green lens; or
            (B) a green light emitting diode (LED).
        However, the revolving lights may contain multiple bulbs.
        (5) The green lights may not be a part of the regular head lamps displayed on the vehicle.
        (6) For a person to be authorized under this chapter to display a flashing or revolving green light on the person's vehicle, the person must first secure a written permit from the executive director of the department of homeland security to use the light. The permit must be carried by the person when the light is displayed.

SOURCE: IC 9-30-6-6; (12)ES0371.1.3. -->     SECTION 3. IC 9-30-6-6, AS AMENDED BY P.L.36-2010, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) A physician or a person trained in obtaining bodily substance samples and acting under the direction of or under a protocol prepared by a physician, who:
        (1) obtains a blood, urine, or other bodily substance sample from a person, regardless of whether the sample is taken for diagnostic purposes or at the request of a law enforcement officer under this section; or
        (2) performs a chemical test on blood, urine, or other bodily substance obtained from a person;
shall deliver the sample or disclose the results of the test to a law enforcement officer who requests the sample or results as a part of a criminal investigation. Samples and test results shall be provided to a law enforcement officer even if the person has not consented to or otherwise authorized their release.
    (b) A physician, a hospital, or an agent of a physician or hospital is not civilly or criminally liable for any of the following:
        (1) Disclosing test results in accordance with this section.
        (2) Delivering a blood, urine, or other bodily substance sample in accordance with this section.
        (3) Obtaining a blood, urine, or other bodily substance sample in accordance with this section.
        (4) Disclosing to the prosecuting attorney or the deputy prosecuting attorney for use at or testifying at the criminal trial of the person as to facts observed or opinions formed.
        (5) Failing to treat a person from whom a blood, urine, or other bodily substance sample is obtained at the request of a law enforcement officer if the person declines treatment.
        (6) Injury to a person arising from the performance of duties in good faith under this section.
    (c) For the purposes of this chapter, IC 9-30-5, or IC 9-30-9:
        (1) the privileges arising from a patient-physician relationship do not apply to the samples, test results, or testimony described in this section; and
        (2) samples, test results, and testimony may be admitted in a proceeding in accordance with the applicable rules of evidence.
    (d) The exceptions to the patient-physician relationship specified in subsection (c) do not affect those relationships in a proceeding not covered by this chapter, IC 9-30-5, or IC 9-30-9.
    (e) The test results and samples obtained by a law enforcement officer under subsection (a) may be disclosed only to a prosecuting attorney or a deputy prosecuting attorney for use as evidence in a criminal proceeding under this chapter, IC 9-30-5, or IC 9-30-9.
    (f) This section does not require a physician or a person under the direction of a physician to perform a chemical test.
    (g) A physician or a person trained in obtaining bodily substance samples and acting under the direction of or under a protocol prepared by a physician shall obtain a blood, urine, or other bodily substance sample if the following exist:
        (1) A law enforcement officer requests that the sample be obtained.
        (2) The law enforcement officer has certified in writing the following:
            (A) That the officer has probable cause to believe the person from whom the sample is to be obtained has violated IC 9-30-5.
            (B) That the person from whom the sample is to be obtained has been involved in a motor vehicle accident that resulted in the serious bodily injury or death of another.
            (C) That the accident that caused the serious bodily injury or death of another occurred not more than three (3) hours before the time the sample is requested.
        (3) Not more than the use of reasonable force is necessary to obtain the sample.
    (h) If the person:
        (1) from whom the bodily substance sample is to be obtained under this section does not consent; and
        (2) resists the taking of a sample;
the law enforcement officer may use reasonable force to assist an individual, who must be authorized under this section to obtain a sample, in the taking of the sample.
    (i) The person authorized under this section to obtain a bodily substance sample shall take the sample in a medically accepted manner.
    (j) This subsection does not apply to a bodily substance sample taken at a licensed hospital (as defined in IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer may transport the person to a place where the sample may be obtained by any of the following persons who are trained in obtaining bodily substance samples and who have been engaged to obtain samples under this section:
        (1) A physician holding an unlimited license to practice medicine or osteopathy.
        (2) A registered nurse.
        (3) A licensed practical nurse.
        (4) An advanced emergency medical technician-basic advanced technician (as defined in IC 16-18-2-112.5). IC 16-18-2-6.5).
        (5) An emergency medical technician-intermediate (as defined in IC 16-18-2-112.7).
        (6) (5) A paramedic (as defined in IC 16-18-2-266).
SOURCE: IC 16-18-2-6.5; (12)ES0371.1.4. -->     SECTION 4. IC 16-18-2-6.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6.5. "Advanced emergency medical technician", for purposes of IC 16-31, means an individual who can perform at least one (1) procedure but not all the procedures of a paramedic and who:
        (1) has completed a prescribed course in advanced life support;
        (2) has been certified by the Indiana emergency medical services commission;
        (3) is associated with a single supervising hospital; and
        (4) is affiliated with a provider organization.

SOURCE: IC 16-18-2-7; (12)ES0371.1.5. -->     SECTION 5. IC 16-18-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) "Advanced life support", for purposes of IC 16-31, means care that is given:
        (1) at the scene of:
            (A) an accident;
            (B) an act of terrorism (as defined in 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 paramedic or an advanced emergency medical technician-intermediate technician 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.
SOURCE: IC 16-18-2-33.5; (12)ES0371.1.6. -->     SECTION 6. IC 16-18-2-33.5, AS AMENDED BY P.L.74-2006, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 33.5. (a) "Basic life support", for purposes of IC 16-31, means the following:
        (1) Assessment of emergency patients.
        (2) Administration of oxygen.
        (3) Use of mechanical breathing devices.
        (4) Application of anti-shock trousers.
        (5) Performance of cardiopulmonary resuscitation.
        (6) Application of dressings and bandage materials.
        (7) Application of splinting and immobilization devices.
        (8) Use of lifting and moving devices to ensure safe transport.
        (9) Administration by an emergency medical technician or emergency medical technician-basic advanced of epinephrine through an auto-injector.
        (10) For an emergency medical technician-basic advanced, the following:
            (A) Electrocardiogram interpretation.
            (B) Manual external defibrillation.
            (C) Intravenous fluid therapy.
        (11) (10) Other procedures authorized by the Indiana emergency medical services commission, including procedures contained in the revised national emergency medical technician basic training curriculum guide.
    (b) Except as provided by:
        (1) subsection (a)(9) and the training and certification standards established under IC 16-31-2-9(3); and
        (2) subsection (a)(10)(C); and
        (3) (2) the training standards established under IC 16-31-2-9(4);
the term does not include invasive medical care techniques or advanced life support.
SOURCE: IC 16-18-2-109.8; (12)ES0371.1.7. -->     SECTION 7. IC 16-18-2-109.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 109.8. "Emergency medical responder", for purposes of IC 16-31, means an individual who is:
        (1) certified under IC 16-31 and who meets the Indiana emergency medical services commission's standards for emergency medical responder certification; and
        (2) the first individual to respond to an incident requiring emergency medical services.

SOURCE: IC 16-18-2-112.5; (12)ES0371.1.8. -->     SECTION 8. IC 16-18-2-112.5 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 112.5. "Emergency medical technician-basic advanced", for purposes of IC 16-31, means an individual who is certified under IC 16-31 to provide basic life support at the scene of an accident or illness or during transport.
SOURCE: IC 16-18-2-112.7; (12)ES0371.1.9. -->     SECTION 9. IC 16-18-2-112.7 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 112.7. "Emergency medical technician-intermediate", for purposes of IC 16-31, means an individual who can perform at least one (1) of but not all the procedures of a paramedic and who:
        (1) has completed a prescribed course in advanced life support;
        (2) has been certified by the Indiana emergency medical services commission;
        (3) is associated with a single supervising hospital; and
        (4) is affiliated with a provider organization.
SOURCE: IC 16-18-2-131; (12)ES0371.1.10. -->     SECTION 10. IC 16-18-2-131 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 131. "First responder", for purposes of IC 16-31, means an individual who is:
        (1) certified under IC 16-31 and who meets the Indiana emergency medical services commission's standards for first responder certification; and
        (2) the first individual to respond to an incident requiring emergency medical services.
SOURCE: IC 16-18-2-163; (12)ES0371.1.11. -->     SECTION 11. IC 16-18-2-163, AS AMENDED BY P.L.108-2007, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 163. (a) "Health care provider", for purposes of IC 16-21 and IC 16-41, means any of the following:
        (1) An individual, a partnership, a corporation, a professional corporation, a facility, or an institution licensed or legally authorized by this state to provide health care or professional services as a licensed physician, a psychiatric hospital, a hospital, a health facility, an emergency ambulance service (IC 16-31-3), a dentist, a registered or licensed practical nurse, a midwife, an optometrist, a pharmacist, a podiatrist, a chiropractor, a physical therapist, a respiratory care practitioner, an occupational therapist, a psychologist, a paramedic, an emergency medical technician, an advanced emergency medical technician-basic advanced, an emergency medical technician-intermediate, technician, or a person who is an officer, employee, or agent of the individual, partnership, corporation, professional corporation, facility, or institution acting in the course and scope of the person's employment.
        (2) A college, university, or junior college that provides health care to a student, a faculty member, or an employee, and the governing board or a person who is an officer, employee, or agent of the college, university, or junior college acting in the course and scope of the person's employment.
        (3) A blood bank, community mental health center, community mental retardation center, community health center, or migrant health center.
        (4) A home health agency (as defined in IC 16-27-1-2).
        (5) A health maintenance organization (as defined in IC 27-13-1-19).
        (6) A health care organization whose members, shareholders, or partners are health care providers under subdivision (1).
        (7) A corporation, partnership, or professional corporation not otherwise qualified under this subsection that:
            (A) provides health care as one (1) of the corporation's, partnership's, or professional corporation's functions;
            (B) is organized or registered under state law; and
            (C) is determined to be eligible for coverage as a health care provider under IC 34-18 for the corporation's, partnership's, or professional corporation's health care function.
Coverage for a health care provider qualified under this subdivision is limited to the health care provider's health care functions and does not

extend to other causes of action.
    (b) "Health care provider", for purposes of IC 16-35, has the meaning set forth in subsection (a). However, for purposes of IC 16-35, the term also includes a health facility (as defined in section 167 of this chapter).
    (c) "Health care provider", for purposes of IC 16-36-5, means an individual licensed or authorized by this state to provide health care or professional services as:
        (1) a licensed physician;
        (2) a registered nurse;
        (3) a licensed practical nurse;
        (4) an advanced practice nurse;
        (5) a licensed nurse midwife;
        (6) a paramedic;
        (7) an emergency medical technician;
        (8) an advanced emergency medical technician-basic advanced; technician; or
        (9) an emergency medical technician-intermediate; or
        (10) (9) a first an emergency medical responder, as defined under IC 16-18-2-131. section 109.8 of this chapter.
The term includes an individual who is an employee or agent of a health care provider acting in the course and scope of the individual's employment.
    (d) "Health care provider", for purposes of IC 16-40-4, means any of the following:
        (1) An individual, a partnership, a corporation, a professional corporation, a facility, or an institution licensed or authorized by the state to provide health care or professional services as a licensed physician, a psychiatric hospital, a hospital, a health facility, an emergency ambulance service (IC 16-31-3), an ambulatory outpatient surgical center, a dentist, an optometrist, a pharmacist, a podiatrist, a chiropractor, a psychologist, or a person who is an officer, employee, or agent of the individual, partnership, corporation, professional corporation, facility, or institution acting in the course and scope of the person's employment.
        (2) A blood bank, laboratory, community mental health center, community mental retardation center, community health center, or migrant health center.
        (3) A home health agency (as defined in IC 16-27-1-2).
        (4) A health maintenance organization (as defined in IC 27-13-1-19).


        (5) A health care organization whose members, shareholders, or partners are health care providers under subdivision (1).
        (6) A corporation, partnership, or professional corporation not otherwise specified in this subsection that:
            (A) provides health care as one (1) of the corporation's, partnership's, or professional corporation's functions;
            (B) is organized or registered under state law; and
            (C) is determined to be eligible for coverage as a health care provider under IC 34-18 for the corporation's, partnership's, or professional corporation's health care function.
        (7) A person that is designated to maintain the records of a person described in subdivisions (1) through (6).
    (e) "Health care provider", for purposes of IC 16-45-4, has the meaning set forth in 47 CFR 54.601(a).
SOURCE: IC 16-18-2-295; (12)ES0371.1.12. -->     SECTION 12. IC 16-18-2-295, AS AMENDED BY P.L.41-2007, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 295. (a) "Provider", for purposes of IC 16-21-8, has the meaning set forth in IC 16-21-8-0.5.
    (b) "Provider", for purposes of IC 16-38-5, IC 16-39 (except for IC 16-39-7) and IC 16-41-1 through IC 16-41-9 and IC 16-41-37, means any of the following:
        (1) An individual (other than an individual who is an employee or a contractor of a hospital, a facility, or an agency described in subdivision (2) or (3)) who is licensed, registered, or certified as a health care professional, including the following:
            (A) A physician.
            (B) A psychotherapist.
            (C) A dentist.
            (D) A registered nurse.
            (E) A licensed practical nurse.
            (F) An optometrist.
            (G) A podiatrist.
            (H) A chiropractor.
            (I) A physical therapist.
            (J) A psychologist.
            (K) An audiologist.
            (L) A speech-language pathologist.
            (M) A dietitian.
            (N) An occupational therapist.
            (O) A respiratory therapist.
            (P) A pharmacist.
            (Q) A sexual assault nurse examiner.
        (2) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or described in IC 12-24-1 or IC 12-29.
        (3) A health facility licensed under IC 16-28-2.
        (4) A home health agency licensed under IC 16-27-1.
        (5) An employer of a certified emergency medical technician, a certified advanced emergency medical technician-basic advanced, a certified emergency medical technician-intermediate, technician, or a certified paramedic.
        (6) The state department or a local health department or an employee, agent, designee, or contractor of the state department or local health department.
    (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 16-18-2-337; (12)ES0371.1.13. -->     SECTION 13. IC 16-18-2-337 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 337. "Sponsoring" or "supervising hospital", for purposes of IC 16-31, means a hospital:
        (1) that is licensed under IC 16-21-2 or under the licensing law of another state; and
        (2) that has been certified by the emergency medical services commission to sponsor or supervise paramedics, advanced emergency medical technicians-intermediate, technicians, and provider organizations in providing advanced life support.
SOURCE: IC 16-31-2-8; (12)ES0371.1.14. -->     SECTION 14. IC 16-31-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. The commission may do the following:
        (1) Develop training and certification standards for first emergency medical responders under this article.
        (2) Require first emergency medical responders to be certified under the standards developed under subdivision (1).
        (3) Develop reciprocal certification training standards for individuals who have received medical training by a branch of the United States armed forces.
SOURCE: IC 16-31-2-9; (12)ES0371.1.15. -->     SECTION 15. IC 16-31-2-9, AS AMENDED BY P.L.74-2006, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. The commission shall establish the following:
        (1) Standards for persons who provide emergency medical services and who are not licensed or regulated under IC 16-31-3.
        (2) Training standards for the administration of antidotes, vaccines, and antibiotics to prepare for or respond to a terrorist or military attack.
        (3) Training and certification standards for the administration of epinephrine through an auto-injector by
            (A) an emergency medical technician. or
            (B) an emergency medical technician-basic advanced.
        (4) Training standards to permit the use of antidote kits containing atropine and pralidoxime chloride for the treatment of exposure to nerve agents by an emergency medical technician-basic advanced, an emergency medical technician or a first an emergency medical responder.
SOURCE: IC 16-31-2-11; (12)ES0371.1.16. -->     SECTION 16. IC 16-31-2-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. (a) The commission shall develop procedures for ongoing review of all emergency ambulance services.
    (b) The commission may review any pre-hospital ambulance rescue or report record regarding an emergency patient that is utilized or compiled by an emergency ambulance service employing paramedics, advanced emergency medical technicians-intermediate, technicians, or emergency medical technicians. or emergency medical technicians-basic advanced. However, except as provided in subsection (d), those records shall remain confidential and may be used solely for the purpose of compiling data and statistics. The use of such data or statistics is subject to IC 4-1-6.
    (c) The commission may develop and oversee experimental study projects conducted by ambulance service providers in limited geographic areas of Indiana. These study projects must be developed and conducted in accordance with rules adopted by the commission under IC 4-22-2. These study projects must be designed to test the efficacy of new patient care techniques and new ambulance service systems.
    (d) This subsection applies to emergency ambulance services that are provided by or under a contract with an entity that is a public agency for purposes of IC 5-14-3. The following information, if contained in a pre-hospital ambulance rescue or report record regarding an emergency patient, is public information and must be made available for inspection and copying under IC 5-14-3:
        (1) The date and time of the request for ambulance services.
        (2) The reason for the request for assistance.
        (3) The time and nature of the response to the request for ambulance services.
        (4) The time of arrival at the scene where the patient was located.
        (5) The time of departure from the scene where the patient was located.
        (6) The name of the facility, if any, to which the patient was delivered for further treatment and the time of arrival at that facility.
SOURCE: IC 16-31-3-3; (12)ES0371.1.17. -->     SECTION 17. 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 is not required for a person who provides emergency ambulance service, an emergency medical technician, an emergency medical technician-basic advanced, an ambulance, a nontransporting emergency medical services vehicle, or advanced life support when doing any of the following:
        (1) Providing assistance to persons certified to provide emergency ambulance service or to emergency medical technicians.
        (2) Operating from a location or headquarters outside Indiana to provide emergency ambulance services to patients who are picked up outside Indiana for transportation to locations within Indiana.
        (3) Providing emergency medical services during a major catastrophe or disaster with which persons or ambulances certified to provide emergency ambulance services are insufficient or unable to cope.
    (b) An agency or instrumentality of the United States and any paramedic, advanced emergency medical technician-intermediate, emergency medical technician-basic advanced, technician, emergency medical technician, or first emergency medical responder of the agency or instrumentality is not required to:
        (1) be certified; or
        (2) conform to the standards prescribed under this chapter.
SOURCE: IC 16-31-3-5; (12)ES0371.1.18. -->     SECTION 18. IC 16-31-3-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) The commission shall waive any rule for a person who provides emergency ambulance service, an emergency medical technician, an advanced emergency medical technician-basic advanced, an emergency medical technician-intermediate, technician, a paramedic, or an ambulance when operating from a location in an adjoining state by contract with an Indiana unit of government to provide emergency ambulance or medical services to patients who are picked up or treated in Indiana.
    (b) The commission may waive any rule, including a rule establishing a fee, for a person who submits facts demonstrating that:
        (1) compliance with the rule will impose an undue hardship on the person; and
        (2) either:
            (A) noncompliance with the rule; or
            (B) compliance with an alternative requirement approved by

the commission;
        will not jeopardize the quality of patient care. However, the commission may not waive a rule that sets forth educational requirements for a person regulated under this article.
    (c) A waiver granted under subsection (b)(2)(B) is conditioned upon compliance with the alternative requirement approved under subsection (b).
    (d) The commission shall establish an expiration date for any waiver that is granted.
    (e) The commission may renew a waiver if the person makes the same demonstration required for the original waiver.

SOURCE: IC 16-31-3-10; (12)ES0371.1.19. -->     SECTION 19. 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 issued under this chapter upon expiration of the certificate for any reason, a person must comply with any continuing education requirements that have been established by the commission. To renew a certificate issued under this chapter after a revocation of the certificate, a person must comply with all the requirements of this chapter that apply to the original certification.
    (b) A renewal of an emergency medical technician, an advanced emergency medical technician-basic advanced, an emergency medical technician-intermediate, technician, or a paramedic certificate shall be issued to an individual who meets the following conditions:
        (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 advanced emergency medical technician-basic advanced, an emergency medical technician-intermediate, technician, or a paramedic certificate must be issued to an individual who meets the following conditions:
        (1) While holding a valid certificate, the individual is called to active military duty as a member of the Indiana national guard or a reserve component of the armed forces of the United States, including:
            (A) the army;
            (B) the navy;
            (C) the air force;
            (D) the marines; or
            (E) the coast guard.
        (2) The individual provides the emergency medical services commission with a copy of the document from the armed forces that called the individual to active duty.
        (3) The individual applies for the certificate renewal not more than one hundred twenty (120) days after the individual leaves active duty.
SOURCE: IC 16-31-3-20; (12)ES0371.1.20. -->     SECTION 20. IC 16-31-3-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 20. The commission shall adopt rules under IC 4-22-2 that promote the orderly development of advanced life support services in Indiana. The rules must include the following:
        (1) Requirements and procedures for the certification of provider organizations, paramedics, advanced emergency medical technicians-intermediate, technicians, and supervising hospitals.
        (2) Rules governing the operation of advanced life support services, including the medications and procedures that may be administered and performed by paramedics and advanced emergency medical technicians-intermediate. technicians.
SOURCE: IC 16-31-3-21; (12)ES0371.1.21. -->     SECTION 21. IC 16-31-3-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 21. (a) Notwithstanding any other law, a certified paramedic or a certified advanced emergency medical technician-intermediate technician may perform advanced life support in an emergency according to the rules of the commission.
    (b) Notwithstanding any other law, a person may, during a course of instruction in advanced life support, perform advanced life support according to the rules of the commission.
SOURCE: IC 16-31-3-23; (12)ES0371.1.22. -->     SECTION 22. IC 16-31-3-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 23. An emergency medical technician or emergency medical technician-basic advanced

who is certified under this article may administer epinephrine through an auto-injector to an individual who is experiencing symptoms of an allergic reaction or anaphylaxis.

SOURCE: IC 16-31-3-24; (12)ES0371.1.23. -->     SECTION 23. IC 16-31-3-24 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 24. The commission may implement a certification program for emergency services personnel regulated by the commission through emergency rules adopted under IC 4-22-2-37.1. An emergency rule adopted under this section expires on the later of the following:
        (1) July 1, 2014.
        (2) The date permanent rules are adopted to replace the emergency rules.

SOURCE: IC 16-31-3.5-1; (12)ES0371.1.24. -->     SECTION 24. IC 16-31-3.5-1, AS AMENDED BY P.L.68-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) The definitions in this section apply throughout this chapter.
    (b) "Emergency medical dispatching" means the reception, evaluation, processing, and provision of dispatch life support, management of requests for emergency medical assistance, and participation in ongoing evaluation and improvement of the emergency medical dispatch process. This process includes identifying the nature of the request, prioritizing the severity of the request, dispatching the necessary resources, providing medical aid and safety instructions to the callers, and coordinating the responding resources as needed, but does not include call routing itself.
    (c) "Emergency medical dispatch agency" means any person that provides emergency medical dispatching for emergency medical assistance. that is certified under this chapter.
SOURCE: IC 16-31-3.5-3; (12)ES0371.1.25. -->     SECTION 25. IC 16-31-3.5-3, AS AMENDED BY P.L.68-2009, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. After December 31, 2009, A person may not furnish, operate, conduct, maintain, or advertise services as an emergency medical dispatcher or otherwise be engaged as an emergency medical dispatch agency unless certified by the commission as an emergency medical dispatch agency. the person performing the emergency medical dispatch has completed training that meets or exceeds the standards established by the National Highway Traffic Safety Administration in the Emergency Medical Dispatch Program Implementation and Administration Managers Guide, as in effect July 1, 2012.
SOURCE: IC 16-31-3.5-5; (12)ES0371.1.26. -->     SECTION 26. IC 16-31-3.5-5 IS REPEALED [EFFECTIVE JULY

1, 2012]. Sec. 5. (a) To be certified as an emergency medical dispatch agency, a person must:
        (1) meet the standards established by the commission; and
        (2) pay the fee established by the commission.
    (b) An emergency medical dispatch agency certificate expires on the expiration date established when it is issued, which must be at least two (2) years after the date of its issuance. To renew a certificate, an emergency medical dispatch agency must:
        (1) meet the renewal requirements established by the commission; and
        (2) pay the fee established by the commission.
    (c) The emergency medical dispatch agency must be operated in a safe, efficient, and effective manner in accordance with commission approved standards that include the following requirements:
        (1) Before functioning alone in an online capacity, all personnel providing emergency medical dispatch services must be certified as emergency medical dispatchers through a training program that is:
            (A) approved by the commission; and
            (B) used by the department.
        (2) The protocols, procedures, standards, and policies used by an emergency medical dispatch agency to dispatch emergency medical aid must comply with the requirements established by the commission.
    (d) The commission may require the submission of periodic reports from an emergency medical dispatch agency. The emergency medical dispatch agency must submit the reports in the manner and with the frequency required by the commission.
    (e) An emergency medical dispatch agency shall report to the commission whenever an action occurs that may justify the revocation or suspension of a certificate issued by the commission.

SOURCE: IC 16-31-3.5-7; (12)ES0371.1.27. -->     SECTION 27. IC 16-31-3.5-7 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 7. The commission shall adopt rules under IC 4-22-2 to implement this chapter.
SOURCE: IC 16-31-6-1; (12)ES0371.1.28. -->     SECTION 28. IC 16-31-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) A certified emergency medical technician or a certified emergency medical technician-basic advanced who provides emergency medical services to an emergency patient is not liable for an act or omission in providing those services unless the act or omission constitutes negligence or willful misconduct. If the emergency medical technician or emergency medical technician-basic advanced is not liable for an act or omission,

no other person incurs liability by reason of an agency relationship with the emergency medical technician. or emergency medical technician-basic advanced.
    (b) This section does not affect the liability of a driver of an ambulance for negligent operation of the ambulance.

SOURCE: IC 16-31-6-2; (12)ES0371.1.29. -->     SECTION 29. IC 16-31-6-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) Except for an act of negligence or willful misconduct, a certified first emergency medical responder who uses an automatic or semiautomatic defibrillator on an emergency patient according to the training procedures established by the commission under IC 16-31-2-9 is immune from civil liability for acts or omissions when rendering those services.
    (b) If the first emergency medical responder is immune from civil liability for the first emergency medical responder's act or omission, a person who has only an agency relationship with the first emergency medical responder is also immune from civil liability for the act or omission.
SOURCE: IC 16-31-6-3; (12)ES0371.1.30. -->     SECTION 30. IC 16-31-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. An act or omission of a paramedic or an advanced emergency medical technician-intermediate technician done or omitted in good faith while providing advanced life support to a patient or trauma victim does not impose liability upon the paramedic or advanced emergency medical technician-intermediate, technician, the authorizing physician, the hospital, or the officers, members of the staff, nurses, or other employees of the hospital or the local governmental unit if the advanced life support is provided:
        (1) in connection with an emergency;
        (2) in good faith; and
        (3) under the written or oral direction of a licensed physician;
unless the act or omission was a result of negligence or willful misconduct.
SOURCE: IC 16-31-6-4; (12)ES0371.1.31. -->     SECTION 31. 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 advanced emergency medical technician-intermediate, an emergency medical technician-basic advanced, technician, an emergency medical technician, or a person with equivalent certification from another state that is performed or made while providing advanced life support or

basic life support to a patient or trauma victim does not impose liability upon the paramedic, the advanced emergency medical technician-intermediate, the emergency medical technician-basic advanced, technician, an emergency medical technician, the person with equivalent certification from another state, a hospital, a provider organization, a governmental entity, or an employee or other staff of a hospital, provider organization, or governmental entity if the advanced life support or basic life support is provided in good faith:
        (1) in connection with a disaster emergency declared by the governor under IC 10-14-3-12 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 21-14-1-6; (12)ES0371.1.32. -->     SECTION 32. IC 21-14-1-6, AS ADDED BY P.L.2-2007, SECTION 255, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. "Public safety officer" means any of the following:
        (1) A regular, paid law enforcement officer.
        (2) A regular, paid firefighter.
        (3) A volunteer firefighter (as defined in IC 36-8-12-2).
        (4) A county police reserve officer.
        (5) A city police reserve officer.
        (6) A paramedic (as defined in IC 16-18-2-266).
        (7) An emergency medical technician (as defined in IC 16-18-2-112).
        (8) An advanced emergency medical technician (as defined in IC 16-18-2-6) (repealed); IC 16-18-2-6.5); or
        (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.
SOURCE: IC 25-22.5-1-2; (12)ES0371.1.33. -->     SECTION 33. 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 advanced emergency medical technician-basic advanced technician (as defined in IC 16-18-2-112.5), an emergency medical technician-intermediate (as defined in IC 16-18-2-112.7), IC 16-18-2-6.5), 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. section 2.1 of this chapter.
        (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.

SOURCE: IC 34-6-2-3.1; (12)ES0371.1.34. -->     SECTION 34. IC 34-6-2-3.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3.1. "Advanced emergency medical technician", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-3.5.
SOURCE: IC 34-6-2-37.2; (12)ES0371.1.35. -->     SECTION 35. IC 34-6-2-37.2 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 37.2. "Emergency medical technician-basic advanced", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-12.1.
SOURCE: IC 34-6-2-37.4; (12)ES0371.1.36. -->
SOURCE: IC 34-6-2-37.4. -->     SECTION 36. IC 34-6-2-37.4 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 37.4. "Emergency medical technician-intermediate", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-12.2.
SOURCE: IC 34-6-2-55; (12)ES0371.1.37. -->     SECTION 37. 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) paramedics;
            (B) advanced emergency medical technicians-intermediate; technicians; or
            (C) emergency medical technicians-advanced;
            (D) emergency medical technicians basic-advanced; or
            (E) (C) emergency medical technicians under IC 16-31-2;
        (5) any services provided by individuals certified as first emergency medical 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: IC 34-18-2-3.5; (12)ES0371.1.38. -->     SECTION 38. IC 34-18-2-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3.5. "Advanced emergency medical technician" means an individual who can perform at least one (1) procedure but not all the procedures of a paramedic and who:
        (1) has completed a prescribed course in advanced life support;
        (2) has been certified by the Indiana emergency medical services commission;
        (3) is associated with a single supervising hospital; and
        (4) is affiliated with a provider organization.

SOURCE: IC 34-18-2-4; (12)ES0371.1.39. -->     SECTION 39. IC 34-18-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. "Ambulance service" means a person who employs:
        (1) emergency medical technicians;
        (2) advanced emergency medical technicians-basic advanced; technicians; or
        (3) emergency medical technicians-intermediate; or
        (4) (3) paramedics.
SOURCE: IC 34-18-2-12.1; (12)ES0371.1.40. -->     SECTION 40. IC 34-18-2-12.1 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 12.1. (a) "Emergency medical technician-basic advanced" has the meaning set forth in IC 16-18-2-112.5.
    (b) The term does not include a person while the person is operating an emergency vehicle.
SOURCE: IC 34-18-2-12.2; (12)ES0371.1.41. -->     SECTION 41. IC 34-18-2-12.2 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 12.2. (a) "Emergency medical technician-intermediate" has the meaning set forth in IC 16-18-2-112.7.
    (b) The term does not include a person while the person is operating an emergency vehicle.
SOURCE: IC 34-18-2-14; (12)ES0371.1.42. -->     SECTION 42. IC 34-18-2-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14. "Health care provider" means any of the following:
        (1) An individual, a partnership, a limited liability company, a corporation, a professional corporation, a facility, or an institution licensed or legally authorized by this state to provide health care or professional services as a physician, psychiatric hospital, hospital, health facility, emergency ambulance service (IC 16-18-2-107), dentist, registered or licensed practical nurse, physician assistant, midwife, optometrist, podiatrist, chiropractor, physical therapist, respiratory care practitioner, occupational therapist, psychologist, paramedic, advanced emergency medical technician-intermediate, technician, emergency medical technician-basic advanced, or emergency medical technician, or a person who is an officer, employee, or agent of the individual, partnership, corporation, professional corporation, facility, or institution acting in the course and scope of the person's employment.
        (2) A college, university, or junior college that provides health care to a student, faculty member, or employee, and the governing board or a person who is an officer, employee, or agent of the college, university, or junior college acting in the course and scope of the person's employment.
        (3) A blood bank, community mental health center, community mental retardation center, community health center, or migrant health center.
        (4) A home health agency (as defined in IC 16-27-1-2).
        (5) A health maintenance organization (as defined in IC 27-13-1-19).
        (6) A health care organization whose members, shareholders, or partners are health care providers under subdivision (1).
        (7) A corporation, limited liability company, partnership, or professional corporation not otherwise qualified under this section that:
            (A) as one (1) of its functions, provides health care;
            (B) is organized or registered under state law; and
            (C) is determined to be eligible for coverage as a health care provider under this article for its health care function.
        Coverage for a health care provider qualified under this subdivision is limited to its health care functions and does not extend to other causes of action.
SOURCE: IC 35-42-2-6; (12)ES0371.1.43. -->     SECTION 43. IC 35-42-2-6, AS AMENDED BY P.L.131-2009,

SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) As used in this section, "corrections officer" includes a person employed by:
        (1) the department of correction;
        (2) a law enforcement agency;
        (3) a probation department;
        (4) a county jail; or
        (5) a circuit, superior, county, probate, city, or town court.
    (b) As used in this section, "firefighter" means a person who is a:
        (1) full-time, salaried firefighter;
        (2) part-time, paid firefighter; or
        (3) volunteer firefighter (as defined in IC 36-8-12-2).
    (c) As used in this section, "first "emergency medical responder" means a person who:
        (1) is certified under IC 16-31 and who meets the Indiana emergency medical services commission's standards for first emergency medical responder certification; and
        (2) responds to an incident requiring emergency medical services.
    (d) As used in this section, "human immunodeficiency virus (HIV)" includes acquired immune deficiency syndrome (AIDS) and AIDS related complex.
    (e) A person who knowingly or intentionally in a rude, insolent, or angry manner places blood or another body fluid or waste on a law enforcement officer, firefighter, first emergency medical responder, corrections officer, or department of child services employee, identified as such and while engaged in the performance of official duties, or coerces another person to place blood or another body fluid or waste on the law enforcement officer, firefighter, first emergency medical responder, corrections officer, or department of child services employee, commits battery by body waste, a Class D felony. However, the offense is:
        (1) a Class C felony if the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with:
            (A) hepatitis B or hepatitis C;
            (B) HIV; or
            (C) tuberculosis;
        (2) a Class B felony if:
            (A) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with hepatitis B or hepatitis C and the offense results in the transmission of hepatitis B or hepatitis C to the other person; or
            (B) the person knew or recklessly failed to know that the

blood, bodily fluid, or waste was infected with tuberculosis and the offense results in the transmission of tuberculosis to the other person; and
        (3) a Class A felony if:
            (A) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with HIV; and
            (B) the offense results in the transmission of HIV to the other person.
    (f) A person who knowingly or intentionally in a rude, an insolent, or an angry manner places human blood, semen, urine, or fecal waste on another person commits battery by body waste, a Class A misdemeanor. However, the offense is:
        (1) a Class D felony if the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with:
            (A) hepatitis B or hepatitis C;
            (B) HIV; or
            (C) tuberculosis;
        (2) a Class C felony if:
            (A) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with hepatitis B or hepatitis C and the offense results in the transmission of hepatitis B or hepatitis C to the other person; or
            (B) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with tuberculosis and the offense results in the transmission of tuberculosis to the other person; and
        (3) a Class B felony if:
            (A) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with HIV; and
            (B) the offense results in the transmission of HIV to the other person.

SOURCE: ; (12)ES0371.1.44. -->     SECTION 44. [EFFECTIVE JULY 1, 2012] (a) An individual certified as:
        (1) an emergency medical technician-basic advanced (as defined in IC 16-18-2-112.5, before its repeal by this act); or
        (2) an emergency medical technician-intermediate (as defined in IC 16-18-2-112.7, before its repeal by this act);
on June 30, 2012, has two (2) years to comply with the new requirements for certification under IC 16-31-3, as amended by this act.
    (b) This SECTION expires July 1, 2014.

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