Sec. 38. (a) "Employee" and "public employee", for purposes of section 91 of this chapter, IC 34-13-2, IC 34-13-3, IC 34-13-4, and IC 34-30-14, mean a person presently or formerly acting on behalf of a governmental entity, whether temporarily or permanently or with or without compensation, including members of boards, committees, commissions, authorities, and other instrumentalities of governmental entities, volunteer firefighters (as defined in IC 36-8-12-2), and elected public officials.
(b) The term also includes attorneys at law whether employed by the governmental entity as employees or independent contractors and physicians licensed under IC 25-22.5 and optometrists who provide medical or optical care to confined offenders (as defined in IC 11-8-1) within the course of their employment by or contractual relationship with the department of correction. However, the term does not include:
(1) an independent contractor (other than an attorney at law, a physician, or an optometrist described in this section);
(2) an agent or employee of an independent contractor;
(3) a person appointed by the governor to an honorary advisory or honorary military position; or
(4) a physician licensed under IC 25-22.5 with regard to a claim against the physician for an act or omission occurring or allegedly occurring in the physician's capacity as an employee of a hospital.
(c) For purposes of IC 34-13-3 and IC 34-13-4, the term includes a person that engages in an act or omission before July 1, 2004, in the person's capacity as:
(1) a contractor under IC 6-1.1-4-32 (repealed);
(2) an employee acting within the scope of the employee's duties for a contractor under IC 6-1.1-4-32 (repealed);
(3) a subcontractor of the contractor under IC 6-1.1-4-32 (repealed) that is acting within the scope of the subcontractor's duties; or
(4) an employee of a subcontractor described in subdivision (3) that is acting within the scope of the employee's duties.
[Pre-1998 Recodification Citations: 34-4-16.5-2(a) part; 34-4-16.5-2(b); 34-4-16.6-1 part.]
As added by P.L.1-1998, SEC.1. Amended by P.L.142-1999, SEC.1; P.L.250-2001, SEC.1; P.L.1-2002, SEC.142; P.L.151-2002, SEC.4 and P.L.178-2002, SEC.112; P.L.1-2003, SEC.88; P.L.1-2007, SEC.223; P.L.121-2009, SEC.14.
Structure Indiana Code
Title 34. Civil Law and Procedure
34-6-2-3.1. "Advanced Emergency Medical Technician"
34-6-2-3.3. "Advertiser or Sponsor"
34-6-2-8. "Agricultural Product"
34-6-2-8.2. "Agritourism Activity"
34-6-2-8.3. "Agritourism Provider"
34-6-2-10.4. "Arising From Covid-19"
34-6-2-10.5. "Arising (Or Arises) From a (Or The) State Disaster Emergency"
34-6-2-12. "Assisting Sheriff"
34-6-2-15. "Authorized Persons"
34-6-2-15.7. "Basic Life Support"
34-6-2-19. "Certified Copy of a Certificate of Title"
34-6-2-20. "Charitable Entity"
34-6-2-23. "College, University, or Junior College"
34-6-2-25. "Community Health Center"
34-6-2-26. "Community Mental Health Center"
34-6-2-27. "Community Intellectual Disability Center"
34-6-2-30. "Cost of the Periodic Payments Agreement"
34-6-2-31.5. "Covid-19 Protective Product"
34-6-2-32. "Criminal Organization"
34-6-2-32.5. "Cyber Liability"
34-6-2-34.3. "Domestic Animal"
34-6-2-34.5. "Domestic or Family Violence"
34-6-2-35. "Economically Feasible"
34-6-2-37. "Emergency Medical Technician"
34-6-2-38. "Employee" and "Public Employee"
34-6-2-42. "Equine Activity Sponsor"
34-6-2-43. "Equine Professional"
34-6-2-44. "Evaluation of Patient Care"
34-6-2-44.5. "Extreme Sport Area"
34-6-2-44.6. "Extreme Sport Equipment"
34-6-2-44.7. "Family Law Arbitrator"
34-6-2-44.8. "Family or Household Member"
34-6-2-46. "Fees or Other Expenses"
34-6-2-46.4. "Financial Interest"
34-6-2-46.5. "Fire Control or Protection Equipment"
34-6-2-48.3. "Foreign Judgment"
34-6-2-48.5. "Foreign Protection Order"
34-6-2-49. "Governmental Entity"
34-6-2-51. "Gratuitously Renders Emergency Care"
34-6-2-52. "Hazardous Substance"
34-6-2-54. "Health Care Provider"
34-6-2-55. "Health Care Services"
34-6-2-58. "Homeowners Association"
34-6-2-60. "Hospital Medical Record"
34-6-2-60.6. "Ice Skating Rink"
34-6-2-62. "Illegal Drug Market"
34-6-2-63. "Illegal Drug Market Target Community"
34-6-2-67. "Individual Drug User"
34-6-2-68.8. "Inherent Risks of Agritourism Activities"
34-6-2-69. "Inherent Risks of Equine Activities"
34-6-2-69.5. "Innocent Successor Corporation"
34-6-2-71.3. "Interested Party"
34-6-2-71.7. "Issuing State or Indian Tribe"
34-6-2-73. "Law Enforcement Costs"
34-6-2-73.3. "Law Enforcement Officer"
34-6-2-73.8. "Lifetime Sex or Violent Offender"
34-6-2-74.5. "Local Law Enforcement Authority"
34-6-2-77.1. "Manufacturer or Supplier"
34-6-2-80. "Mental Health Service Provider"
34-6-2-82. "Migrant Health Center"
34-6-2-83.8. "Monetary Consideration"
34-6-2-85. "Moving Traffic Violation"
34-6-2-86. "Municipal Corporation"
34-6-2-87.7. "Noneconomic Damages"
34-6-2-88.3. "Nonprofit Religious Organization"
34-6-2-94. "Partially Emancipated Minor"
34-6-2-97. "Participate in the Illegal Drug Market"
34-6-2-99. "Peer Review Committee"
34-6-2-101. "Period of Illegal Drug Use"
34-6-2-102. "Periodic Payments Agreement"
34-6-2-104. "Personnel of a Peer Review Committee"
34-6-2-108. "Place of Illegal Drug Activity"
34-6-2-109. "Place of Participation"
34-6-2-110. "Political Subdivision"
34-6-2-111. "Position of the Agency"
34-6-2-111.5. "Possessor of Land"
34-6-2-113. "Prejudgment Interest"
34-6-2-113.5. "Prior Civil Law and Procedure"
34-6-2-115. "Product Liability Action"
34-6-2-116. "Professional Health Care Organization"
34-6-2-117. "Professional Health Care Provider"
34-6-2-118. "Professional Staff"
34-6-2-121.4. "Protected Person"
34-6-2-121.6. "Protection Order" or "Order for Protection"
34-6-2-121.7. "Protection Order Records"
34-6-2-122. "Psychiatric Hospital"
34-6-2-127. "Qualified Director"
34-6-2-128. "Qualified Settlement Offer"
34-6-2-129.5. "Recreational Facility"
34-6-2-129.6. "Recreational User"
34-6-2-135. "Roller Skating Rink"
34-6-2-135.5. "Security Interest"
34-6-2-137. "Session of the General Assembly"
34-6-2-139. "Sports or Leisure Activity"
34-6-2-142.3. "Structured Settlement"
34-6-2-142.5. "Successor Asbestos Related Liability"
34-6-2-142.6. "Telecommunications"
34-6-2-143.8. "Transferor Corporation"
34-6-2-144.8. "Uninsured Motorist With a Previous Violation"
34-6-2-146. "Unreasonably Dangerous"
34-6-2-148.3. "Victim Advocate"
34-6-2-148.5. "Victim Notification Capabilities"