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
Chapter 3.5. Police and Fire Merit Systems
36-8-3.5-1. Application of Chapter; Retention of Existing Systems; Establishment of New System
36-8-3.5-3. 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
36-8-3.5-10. Rules; Adoption; Notice and Hearing
36-8-3.5-11. Department Members; Tenure; Chief; Appointment and Qualifications
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
36-8-3.5-21. Temporary Leave of Absence; Seniority; Reinstatement
36-8-3.5-22. Rules; Printing; Copies to Department Members; Effective Date