§ 36-8-12-19 — Suspension or termination of EMS personnel; right to hearing and appeal

Indiana § 36-8-12-19

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 12: Volunteer Fire Departments

Text

(a) 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.
(b) If a medical director takes any of the following actions against
a member of the emergency medical services personnel, the medical
director shall provide to the member and to the chief of the member's
volunteer fire 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 member.
(2) The medical director refuses or fails to attest to the
competency of the member to perform emergency medical
services.
(3) The medical director suspends the member from performing
emergency medical services.
(c) Before a volunteer fire department takes an action that affects
the member's appointment with the volunteer fire department as the
result of a medical director's action described in subsection (b), the
member is entitled to a hearing and appeal concerning the medical
director's action as provided in IC 36-8-3-4. The safety board of the
unit that entered into an agreement with the volunteer fire department
under section 3 of this chapter shall hear the member's appeal provided
by this subsection.
(d) If the medical director's action that is the subject of an appeal
under subsection (c) is based on a health care decision made by the
member in performing emergency medical services, the safety board
conducting the hearing shall consult with an independent medical
expert to determine whether the member 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.

Legislative History

As added by P.L.13-2010, SEC.5.