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

Terms Used In Indiana Code 36-8-3.5-19.3

  • 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.
  • commission: refers to the merit commission for a merit system established under this chapter. See Indiana Code 36-8-3.5-0.2
  • department: refers to :

    Indiana Code 36-8-3.5-0.3

(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.

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