§ 36-8-3-4.3 — Suspension or termination of EMS personnel; right to hearing and appeal

Indiana § 36-8-3-4.3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 3: Safety Boards; Disciplinary Procedures

Text

3. (a) This section also applies to a town,
township, or fire department of a fire protection territory or fire
protection district, that has at least one (1) certified employee of a
full-time, paid fire or police department, without regard to whether:
(1) the employee is an appointed police officer or firefighter; or
(2) under section 5 of this chapter, the police or fire department
is exempt from sections 3, 4, and 4.1 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 police or fire department takes any employment related
action against a certified employee as the result of a medical director's
action described in subsection (d), the certified employee is entitled to
a hearing and appeal concerning the medical director's action as
provided in section 4 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
safety board 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.

Legislative History

As added by P.L.13-2010, SEC.1. Amended by P.L.57-2023, SEC.3.