Indiana Code
Chapter 3.5. Police and Fire Merit Systems
36-8-3.5-19.3. Suspension or Termination of Ems Personnel; Right to Hearing and Appeal

Sec. 19.3. (a) This section applies to a department that has at least one (1) certified employee, without regard to whether:
(1) the employee is an appointed police officer or firefighter; or
(2) the department has a merit system to which this chapter does not otherwise apply as provided under section 1 of this chapter.
(b) As used in this section, "certified employee" means an individual who, as a condition of employment, holds a valid certification issued under IC 16-31-3 by the Indiana emergency medical services commission established by IC 16-31-2-1.
(c) As used in this section, "medical director" means a physician with an unlimited license to practice medicine in Indiana and who performs the duties and responsibilities described in 836 IAC 2-2-1.
(d) If a medical director takes any of the following actions against a certified employee, the medical director shall provide to the certified employee and to the chief of the certified employee's department a written explanation of the reasons for the action taken by the medical director:
(1) The medical director refuses or fails to supervise or otherwise provide medical control and direction to the certified employee.
(2) The medical director refuses or fails to attest to the competency of the certified employee to perform emergency medical services.
(3) The medical director suspends the certified employee from performing emergency medical services.
(e) Before a department takes any employment related action as the result of a medical director's action described in subsection (d) against a certified employee, the certified employee is entitled to a hearing and appeal concerning the medical director's action as provided in sections 17 and 18 of this chapter.
(f) If the medical director's action that is the subject of an appeal under subsection (e) is based on a health care decision made by the certified employee in performing emergency medical services, the commission conducting the hearing shall consult with an independent medical expert to determine whether the certified employee followed the applicable emergency medical services protocol in making the health care decision. The independent medical expert:
(1) must be a physician trained in emergency medical services; and
(2) may not be affiliated with the same hospital as the medical director.
As added by P.L.13-2010, SEC.4.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 8. Public Safety

Chapter 3.5. Police and Fire Merit Systems

36-8-3.5-1. Application of Chapter; Retention of Existing Systems; Establishment of New System

36-8-3.5-2. Definitions

36-8-3.5-3. Establishment; Separate Systems

36-8-3.5-4. Approval or Rejection of System by Members; Notice; Voting; Subsequent Proposals

36-8-3.5-5. Request to Establish System; Referendum; Legislative Action

36-8-3.5-6. Merit Commission; Establishment; Appointment of Members; Qualifications; Oath

36-8-3.5-7. Commissioners; Terms; Tenure

36-8-3.5-8. Elections; Meeting; Notice

36-8-3.5-9. Rules Governing Commission; Transaction of Business; Selection of Officers; Records; Budget

36-8-3.5-10. Rules; Adoption; Notice and Hearing

36-8-3.5-11. Department Members; Tenure; Chief; Appointment and Qualifications

36-8-3.5-12. Department Members; Appointment; Qualifications; Application; General Aptitude Test; Ratings; Eligibility List; Vacancies; Physical Agility Test; Probation

36-8-3.5-13. Promotions; Rules; Requisites; Eligibility List

36-8-3.5-14. Promotions; Competitive Examinations; Procedures

36-8-3.5-15. Performance Ratings; Rules; Appeal

36-8-3.5-16. Promotions; Certification of Eligible Members; Probation; Procedures

36-8-3.5-17. Disciplinary Actions; Grounds; Hearing; Notice; Requisites; Procedures; Appeal

36-8-3.5-18. Appeal to Court; Suspension or Dismissal; Precedence

36-8-3.5-19. Summary Disciplinary Actions; Reprimand or Suspension

36-8-3.5-19.3. Suspension or Termination of Ems Personnel; Right to Hearing and Appeal

36-8-3.5-20. Retirement Age

36-8-3.5-21. Temporary Leave of Absence; Seniority; Reinstatement

36-8-3.5-22. Rules; Printing; Copies to Department Members; Effective Date

36-8-3.5-23. Offense; Furnishing Information to Applicants