2013 Indiana Code TITLE 16. HEALTH ARTICLE 31. EMERGENCY MEDICAL SERVICES CHAPTER 3. CERTIFICATION REQUIREMENTS FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES
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IC 16-31-3
Chapter 3. Certification Requirements for the Provision of
Emergency Medical Services
IC 16-31-3-0.5
"Nontransporting emergency medical services vehicle"
Sec. 0.5. (a) As used in this chapter, "nontransporting emergency
medical services vehicle" means a motor vehicle, other than an
ambulance, used for emergency medical services.
(b) The term does not include an employer owned or employer
operated vehicle used for first aid purposes within or upon the
employer's premises.
As added by P.L.186-1995, SEC.7.
IC 16-31-3-1
Certification or license required
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.
As added by P.L.2-1993, SEC.14. Amended by P.L.186-1995, SEC.8;
P.L.74-2006, SEC.3; P.L.77-2012, SEC.22.
IC 16-31-3-2
Standards for certification and licensure
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.
As added by P.L.2-1993, SEC.14. Amended by P.L.22-1994, SEC.4;
P.L.186-1995, SEC.9; P.L.1-1998, SEC.117; P.L.22-2005, SEC.19;
P.L.71-2008, SEC.1; P.L.77-2012, SEC.23.
IC 16-31-3-3
Exceptions to certification or licensure requirement
Sec. 3. (a) A certificate or license is not required for a person who
provides emergency ambulance service, an emergency medical
technician, 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, emergency
medical technician, or emergency medical responder of the agency
or instrumentality is not required to:
(1) be certified or licensed; or
(2) conform to the standards prescribed under this chapter.
As added by P.L.2-1993, SEC.14. Amended by P.L.186-1995,
SEC.10; P.L.22-2005, SEC.20; P.L.77-2012, SEC.24.
IC 16-31-3-4
Agencies and instrumentalities of the United States; exception to
certification requirement
Sec. 4. An agency or instrumentality of the United States and
emergency medical technicians or ambulances of the agency or
instrumentality are not required to be certified or to conform to the
standards prescribed under this article.
As added by P.L.2-1993, SEC.14.
IC 16-31-3-5
Waiver of rules; requirements; expiration date; renewal
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, 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.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,
SEC.23; P.L.77-2012, SEC.25.
IC 16-31-3-6
Volunteer fire departments and firefighters; exception to
certification or licensure requirement
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.
As added by P.L.2-1993, SEC.14. Amended by P.L.1-1999, SEC.44;
P.L.77-2012, SEC.26.
IC 16-31-3-7
Withholding of certificate or license
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.
As added by P.L.2-1993, SEC.14. Amended by P.L.77-2012, SEC.27.
IC 16-31-3-8
Applications for certificates and licenses
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.
As added by P.L.2-1993, SEC.14. Amended by P.L.77-2012, SEC.28.
IC 16-31-3-9
Duration of certificate or license
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.
As added by P.L.2-1993, SEC.14. Amended by P.L.77-2012, SEC.29.
IC 16-31-3-10
Renewal of certificates and licenses; conditions
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 or advanced
emergency medical technician 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 or advanced
emergency medical technician 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.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,
SEC.24; P.L.77-2012, SEC.30.
IC 16-31-3-11
Certificates and licenses nonassignable and nontransferable
Sec. 11. A certificate or license issued under this chapter is not
assignable or transferable.
As added by P.L.2-1993, SEC.14. Amended by P.L.77-2012, SEC.31.
IC 16-31-3-12
Defacing, removal, and obliteration of entries on official entries on
certificate or license
Sec. 12. An official entry made upon a certificate or license may
not be defaced, removed, or obliterated.
As added by P.L.2-1993, SEC.14. Amended by P.L.77-2012, SEC.32.
IC 16-31-3-13
Repealed
(Repealed by P.L.101-2006, SEC.39.)
IC 16-31-3-13.5
Fee
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.
As added by P.L.101-2006, SEC.26. Amended by P.L.77-2012,
SEC.33.
IC 16-31-3-14 Version a
Disciplinary sanctions; denial, suspension, or revocation; appeals;
investigations; reinstatement; consistency of sanctions
Note: This version of section amended by P.L.196-2013, SEC.4.
See also following version of this section amended by P.L.158-2013,
SEC.234, effective 7-1-2014.
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, certificate
holder, or license holder has been convicted of an offense. The acts
from which the applicant's, 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, or salvia as a
Class D felony under IC 35-48-4-11.
(9) Possession of a synthetic drug or synthetic drug lookalike
substance as a Class D felony under IC 35-48-4-11.5 (or under
IC 35-48-4-11 before its amendment in 2013).
(10) Maintaining a common nuisance under IC 35-48-4-13.
(11) An offense relating to registration, labeling, and
prescription forms under IC 35-48-4-14.
(12) Conspiracy under IC 35-41-5-2 to commit an offense listed
in this section.
(13) Attempt under IC 35-41-5-1 to commit an offense listed in
this section.
(14) 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 in
this section.
(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.
As added by P.L.2-1993, SEC.14. Amended by P.L.65-1998, SEC.1;
P.L.205-2003, SEC.25; P.L.22-2005, SEC.21; P.L.1-2006, SEC.300;
P.L.151-2006, SEC.6; P.L.138-2011, SEC.2; P.L.182-2011, SEC.2;
P.L.78-2012, SEC.3; P.L.77-2012, SEC.34; P.L.196-2013, SEC.4.
IC 16-31-3-14 Version b
Disciplinary sanctions; denial, suspension, or revocation; appeals;
investigations; reinstatement; consistency of sanctions
Note: This version of section amended by P.L.158-2013, SEC.234,
effective 7-1-2014. See also preceding version of this section
amended by P.L.196-2013, SEC.4.
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, certificate
holder, or license holder has been convicted of an offense. The acts
from which the applicant's, 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(c).
(5) Manufacture of paraphernalia as a Class D felony (for a
crime committed before July 1, 2014) or Level 6 felony (for a
crime committed after June 30, 2014) under IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony (for a crime
committed before July 1, 2014) or Level 6 felony (for a crime
committed after June 30, 2014) under IC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, hashish, salvia, or a
synthetic drug as a Class D felony (for a crime committed
before July 1, 2014) or Level 6 felony (for a crime committed
after June 30, 2014) 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.
As added by P.L.2-1993, SEC.14. Amended by P.L.65-1998, SEC.1;
P.L.205-2003, SEC.25; P.L.22-2005, SEC.21; P.L.1-2006, SEC.300;
P.L.151-2006, SEC.6; P.L.138-2011, SEC.2; P.L.182-2011, SEC.2;
P.L.78-2012, SEC.3; P.L.77-2012, SEC.34; P.L.158-2013, SEC.234.
IC 16-31-3-14.5
Denial or permanent revocation for conviction of specified crimes
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, or salvia under
IC 35-48-4-10(b).
(10) Dealing in a synthetic drug or synthetic drug lookalike
substance under IC 35-48-4-10.5 (or under IC 35-48-4-10(b)
before its amendment in 2013).
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed
in this section.
(12) Attempt under IC 35-41-5-1 to commit an offense listed in
this section.
(13) A crime of violence (as defined in IC 35-50-1-2(a)).
(14) 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 this section.
As added by P.L.65-1998, SEC.2. Amended by P.L.17-2001, SEC.2;
P.L.1-2002, SEC.74; P.L.205-2003, SEC.26; P.L.1-2006, SEC.301;
P.L.151-2006, SEC.7; P.L.138-2011, SEC.3; P.L.182-2011, SEC.3;
P.L.78-2012, SEC.4; P.L.77-2012, SEC.35; P.L.196-2013, SEC.5.
IC 16-31-3-15
Repealed
(Repealed by P.L.205-2003, SEC.44.)
IC 16-31-3-16
Misrepresentation of certification or licensure; penalty
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.
As added by P.L.2-1993, SEC.14. Amended by P.L.77-2012, SEC.36.
IC 16-31-3-17
Violation; penalty
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.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,
SEC.27; P.L.1-2009, SEC.116; P.L.77-2012, SEC.37.
IC 16-31-3-18
Advanced life support; scope
Sec. 18. This chapter does not limit the scope of advanced life
support.
As added by P.L.2-1993, SEC.14.
IC 16-31-3-19
Repealed
(Repealed by P.L.22-2005, SEC.55.)
IC 16-31-3-20
Advanced life support services development; licensure
requirements for paramedics; rules
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, advanced emergency medical
technicians, and supervising hospitals.
(2) Requirements and procedures for the licensure of
paramedics.
(3) Rules governing the operation of advanced life support
services, including the medications and procedures that may be
administered and performed by paramedics and advanced
emergency medical technicians.
As added by P.L.186-1995, SEC.12. Amended by P.L.205-2003,
SEC.29; P.L.77-2012, SEC.38.
IC 16-31-3-21
Persons permitted to perform advanced life support
Sec. 21. (a) Notwithstanding any other law, a licensed paramedic
or a certified advanced emergency medical 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.
As added by P.L.186-1995, SEC.13. Amended by P.L.205-2003,
SEC.30; P.L.77-2012, SEC.39.
IC 16-31-3-22
Advanced life support certification; exemptions; offenses
Sec. 22. (a) Except as provided in subsection (c), this section does
not apply to the following:
(1) A licensed physician.
(2) A registered nurse or an individual acting under the
supervision of a licensed physician.
(3) A person providing health care in a hospital or an
ambulatory outpatient surgical center licensed under IC 16-21.
(b) A person may not furnish, operate, conduct, maintain, or
advertise advanced life support as a part of the regular course of
doing business unless the person holds a valid certificate or
provisional certificate issued by the commission to provide advanced
life support.
(c) 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 operating an emergency ambulance
service that provides advanced life support must hold a valid
certificate issued by the commission under this chapter.
(d) A person who violates this section commits a Class C
misdemeanor. Each day of continued violation of this section is a
separate offense.
As added by P.L.186-1995, SEC.14.
IC 16-31-3-23
Use of an auto-injector by a certified emergency medical technician
Sec. 23. An emergency medical technician 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.
As added by P.L.17-2002, SEC.5. Amended by P.L.205-2003,
SEC.31; P.L.77-2012, SEC.40.
IC 16-31-3-24
Authority for implementation of certification program for
emergency services personnel
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.
As added by P.L.77-2012, SEC.41.
IC 16-31-3-25
Tactical emergency medicine provider; qualifications; rules
Sec. 25. (a) An individual who meets the following qualifications
may operate as a tactical emergency medicine provider:
(1) Is an emergency medical technician, an advanced emergency
medical technician, or a paramedic.
(2) Is employed by:
(A) a law enforcement agency; or
(B) an emergency medical services agency established by
IC 16-31-5-1 that has an agreement with a law enforcement
agency;
to provide retrieval and field medical treatment to victims of
violent confrontations.
(3) Has successfully completed an accredited educational
training program in tactical emergency medicine that meets the
core curriculum requirements approved by the commission.
However, the commission may approve a program provided by:
(A) a military, naval, or air service of the armed forces of the
United States;
(B) a program accredited by a federal or state governmental
agency; or
(C) a program provided by the National Association of
Emergency Medical Technicians that is accredited by the
Continuing Education Coordinating Board for Emergency
Medical Services;
that substantially meets the core curriculum requirements
approved by the commission.
(b) An individual who meets the requirements set forth in
subsection (a) may practice emergency medicine according to the
individual's scope of training and as approved by the medical director
of the law enforcement agency or an emergency medical services
agency supervising the individual.
(c) A law enforcement agency or an emergency medical services
agency established by IC 16-31-5-1 that has an agreement with a law
enforcement agency to operate under this section must be certified
as a provider organization by the commission.
(d) The commission shall adopt rules under IC 4-22-2 to
implement this section.
(e) Before August 31, 2013, the commission shall adopt
emergency rules in the manner provided under IC 4-22-2-37.1 to
implement this section. The emergency rules must incorporate the
following:
(1) Criteria for basic and advanced life support personnel to
function as tactical medical support for law enforcement
agencies as adopted by the commission under IC 4-22-7-7 in
nonrule policy statement EMS-02-2002 adopted on March 15,
2002.
(2) Tactical emergency medical support core curriculum
requirements approved by the commission on September 13,
2007.
This subsection expires on the earlier of the date a permanent rule to
implement this section is adopted under IC 4-22-2 or June 30, 2014.
As added by P.L.64-2013, SEC.1.
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