§ 36-8-3.5-19.3 — Suspension or termination of EMS personnel; right to hearing and appeal

Indiana § 36-8-3.5-19.3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 3.5: Police and Fire Merit Systems

Text

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.

Legislative History

As added by P.L.13-2010, SEC.4.