2015 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 18. MEDICAL MALPRACTICE CHAPTER 2. DEFINITIONS
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IC 34-18-2
Chapter 2. Definitions
IC 34-18-2-1
Application of definitions
Sec. 1. The definitions in this chapter apply throughout this article.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-2
Terms of art
Sec. 2. A legal term or word of art that is used in this article, if not
otherwise defined, has the meaning that is consistent with the
common law.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-3
Repealed
(As added by P.L.1-1998, SEC.13. Repealed by P.L.205-2003,
SEC.44.)
IC 34-18-2-3.5
"Advanced emergency medical technician"
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.
As added by P.L.77-2012, SEC.57.
IC 34-18-2-4
"Ambulance service"
Sec. 4. "Ambulance service" means a person who employs:
(1) emergency medical technicians;
(2) advanced emergency medical technicians; or
(3) paramedics.
As added by P.L.1-1998, SEC.13. Amended by P.L.205-2003,
SEC.40; P.L.77-2012, SEC.58.
IC 34-18-2-5
"Annual aggregate"
Sec. 5. "Annual aggregate" means the limitation on a health care
provider's liability as provided in IC 34-18-4.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-6
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"Authority"
Sec. 6. "Authority" refers to the residual malpractice insurance
authority established under IC 34-18-17 (or IC 27-12-17 before its
repeal).
As added by P.L.1-1998, SEC.13.
IC 34-18-2-6.5
"Certified nurse midwife"
Sec. 6.5. "Certified nurse midwife" means a registered nurse who
holds a license to practice midwifery under IC 25-23-1-13.1.
As added by P.L.232-2013, SEC.22.
IC 34-18-2-7
"College", "university", and "junior college"
Sec. 7. "College, university, or junior college" means an institution
for postsecondary school education accredited by the North Central
Association.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-8
"Commissioner"
Sec. 8. "Commissioner" refers to the insurance commissioner.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-9
"Community health center"
Sec. 9. "Community health center" means a provider of primary
health care organized as a nonprofit corporation under IC 23-7-1.1
(before its repeal on August 1, 1991) or IC 23-17 and governed by a
board of directors, at least fifty-one percent (51%) of whom are
representatives of consumers.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-10
"Community mental health center"
Sec. 10. "Community mental health center" means a public or
private mental health center established under IC 12-29.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-11
"Community intellectual disability center"
Sec. 11. "Community intellectual disability center" means a public
or private community intellectual disability and other developmental
disabilities center established under IC 12-29.
As added by P.L.1-1998, SEC.13. Amended by P.L.117-2015,
SEC.43.
IC 34-18-2-12
"Emergency medical technician"
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Sec. 12. "Emergency medical technician" has the meaning set
forth in IC 16-18-2-112 but does not include such a person while
operating an emergency vehicle.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-12.1
Repealed
(As added by P.L.205-2003, SEC.41. Repealed by P.L.77-2012,
SEC.59.)
IC 34-18-2-12.2
Repealed
(As added by P.L.205-2003, SEC.42. Repealed by P.L.77-2012,
SEC.60.)
IC 34-18-2-13
"Health care"
Sec. 13. "Health care" means an act or treatment performed or
furnished, or that should have been performed or furnished, by a
health care provider for, to, or on behalf of a patient during the
patient's medical care, treatment, or confinement.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-14
"Health care provider"
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, certified nurse midwife, optometrist,
podiatrist, chiropractor, physical therapist, respiratory care
practitioner, occupational therapist, psychologist, paramedic,
advanced emergency medical technician, 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
intellectual disability center, community health center, or
migrant health center.
(4) A home health agency (as defined in IC 16-27-1-2).
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(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.
As added by P.L.1-1998, SEC.13. Amended by P.L.205-2003,
SEC.43; P.L.77-2012, SEC.61; P.L.232-2013, SEC.23;
P.L.117-2015, SEC.44.
IC 34-18-2-15
"Health facility"
Sec. 15. "Health facility" means a facility licensed under IC 16-28.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-16
"Hospital"
Sec. 16. "Hospital" means a public or private institution licensed
under IC 16-21-2.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-17
"Insurer"
Sec. 17. "Insurer" means the authority or an insurance company
engaged on an admitted or nonadmitted basis in making in this state
Class 2(h) malpractice liability insurance under IC 27-1-5-1.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-18
"Malpractice"
Sec. 18. "Malpractice" means a tort or breach of contract based on
health care or professional services that were provided, or that should
have been provided, by a health care provider, to a patient.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-19
Repealed
(As added by P.L.1-1998, SEC.13. Repealed by P.L.232-2013,
SEC.24.)
IC 34-18-2-20
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"Migrant health center"
Sec. 20. "Migrant health center" means a provider of primary
health care organized as a nonprofit corporation under IC 23-7-1.1
(before its repeal on August 1, 1991) or IC 23-17 governed by a
board of directors, at least fifty-one percent (51%) of whom are
representatives of consumers and funded under Section 329 of the
United States Public Health Service Act (42 U.S.C. 254b).
As added by P.L.1-1998, SEC.13.
IC 34-18-2-21
"Paramedic"
Sec. 21. (a) "Paramedic", except as provided in subsection (b), has
the meaning set forth in IC 16-18-2-266.
(b) The term does not include such a person while operating an
emergency vehicle.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-22
"Patient"
Sec. 22. "Patient" means an individual who receives or should
have received health care from a health care provider, under a
contract, express or implied, and includes a person having a claim of
any kind, whether derivative or otherwise, as a result of alleged
malpractice on the part of a health care provider. Derivative claims
include the claim of a parent or parents, guardian, trustee, child,
relative, attorney, or any other representative of the patient including
claims for loss of services, loss of consortium, expenses, and other
similar claims.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-23
"Physician"
Sec. 23. "Physician" means an individual with an unlimited license
to practice medicine under IC 25-22.5.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-24
"Psychiatric hospital"
Sec. 24. "Psychiatric hospital" means a private institution licensed
under IC 12-25 and public institutions under the administrative
control of the director of a division as designated by IC 12-24-1-3.
As added by P.L.1-1998, SEC.13. Amended by P.L.188-2013,
SEC.25.
IC 34-18-2-24.5
"Qualified provider"
Sec. 24.5. "Qualified provider" means a health care provider that
is qualified under this article (or by IC 27-12 before its repeal) by
complying with the procedures set forth in IC 34-18-3 (or IC 27-12-3
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before its repeal).
As added by P.L.111-1998, SEC.4.
IC 34-18-2-25
"Representative"
Sec. 25. "Representative" means the spouse, parent, guardian,
trustee, attorney, or other legal agent of the patient.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-26
"Risk"
Sec. 26. "Risk" means a health care provider that must apply for
malpractice liability insurance coverage under IC 34-18-17.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-27
"Risk manager"
Sec. 27. "Risk manager" means an insurance company that is:
(1) admitted to make insurance and actively engaged in making
in this state Class 2 insurance under IC 27-1-5-1; and
(2) appointed by the commissioner to manage the authority.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-28
"Tort"
Sec. 28. "Tort" means a legal wrong, breach of duty, or negligent
or unlawful act or omission proximately causing injury or damage to
another.
As added by P.L.1-1998, SEC.13.
Indiana Code 2015
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