Sec. 19. (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:

Terms Used In Indiana Code 36-8-12-19

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Emergency medical services personnel: means individuals certified by the emergency medical services commission established by IC 16-31-2-1 who:

    Indiana Code 36-8-12-2

  • Volunteer fire department: means a department or association organized for the purpose of answering fire alarms, extinguishing fires, and providing other emergency services, the majority of members of which receive no compensation or nominal compensation for their services. See Indiana Code 36-8-12-2
(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.

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

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