CHAPTER 3. CERTIFICATION REQUIREMENTS FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES
IC 16-31-3
Chapter 3. Certification Requirements for the Provision ofEmergency Medical Services
IC 16-31-3-0.5
"Nontransporting emergency medical services vehicle" defined
Sec. 0.5. (a) As used in this chapter, "nontransporting emergencymedical services vehicle" means a motor vehicle, other than anambulance, used for emergency medical services.
(b) The term does not include an employer owned or employeroperated vehicle used for first aid purposes within or upon theemployer's premises.
As added by P.L.186-1995, SEC.7.
IC 16-31-3-1
Certification required
Sec. 1. (a) Except as provided in subsection (b), a person otherthan:
(1) a licensed physician;
(2) a registered nurse or an individual acting under thesupervision of a licensed physician; or
(3) a person providing health care in a hospital or an ambulatoryoutpatient surgical center licensed under IC 16-21;
may not furnish, operate, conduct, maintain, advertise, or otherwisebe engaged in providing emergency medical services, except for theuse of an automated external defibrillator, as a part of the regularcourse of doing business, either paid or voluntary, unless that personholds a valid certificate issued by the commission.
(b) A:
(1) licensed physician;
(2) registered nurse or an individual acting under thesupervision of a licensed physician; or
(3) person providing health care in a hospital or an ambulatoryoutpatient surgical center licensed under IC 16-21;
who operates a business of transporting emergency patients byambulance or using a nontransporting emergency medical servicesvehicle must hold a valid certificate issued by the commission underthis article.
As added by P.L.2-1993, SEC.14. Amended by P.L.186-1995, SEC.8;P.L.74-2006, SEC.3.
IC 16-31-3-2
Standards for certifications
Sec. 2. The commission shall establish standards for personsrequired to be certified by the commission to provide emergencymedical services. To be certified, a person must meet the followingminimum requirements:
(1) The personnel certified under this chapter must do thefollowing:
(A) Meet the standards for education and training
established by the commission by rule.
(B) Successfully complete a basic or an inservice course ofeducation and training on sudden infant death syndrome thatis certified by the commission in conjunction with the statehealth commissioner.
(C) Beginning January 1, 2009, successfully complete abasic or an inservice course of education and training onautism that is certified by the commission.
(2) Ambulances to be used must conform with the requirementsof the commission and must either be:
(A) covered by insurance issued by a company licensed todo business in Indiana in the amounts and under the termsrequired in rules adopted by the commission; or
(B) owned by a governmental entity covered underIC 34-13-3.
(3) Emergency ambulance service shall be provided inaccordance with rules adopted by the commission. However,the rules adopted under this chapter may not prohibit thedispatch of an ambulance to aid an emergency patient becausean emergency medical technician is not immediately availableto staff the ambulance.
(4) Ambulances must be equipped with a system of emergencymedical communications approved by the commission. Theemergency medical communication system must properlyintegrate and coordinate appropriate local and state emergencycommunications systems and reasonably available areaemergency medical facilities with the general public's need foremergency medical services.
(5) Emergency medical communications shall be provided inaccordance with rules adopted by the commission.
(6) A nontransporting emergency medical services vehicle mustconform with the commission's requirements.
As added by P.L.2-1993, SEC.14. Amended by P.L.22-1994, SEC.4;P.L.186-1995, SEC.9; P.L.1-1998, SEC.117; P.L.22-2005, SEC.19;P.L.71-2008, SEC.1.
IC 16-31-3-3
Exceptions to certification requirement
Sec. 3. (a) A certificate is not required for a person who providesemergency ambulance service, an emergency medical technician, anemergency medical technician-basic advanced, an ambulance, anontransporting emergency medical services vehicle, or advancedlife support when doing any of the following:
(1) Providing assistance to persons certified to provideemergency ambulance service or to emergency medicaltechnicians.
(2) Operating from a location or headquarters outside Indianato provide emergency ambulance services to patients who arepicked up outside Indiana for transportation to locations withinIndiana. (3) Providing emergency medical services during a majorcatastrophe or disaster with which persons or ambulancescertified to provide emergency ambulance services areinsufficient or unable to cope.
(b) An agency or instrumentality of the United States and anyparamedic, emergency medical technician-intermediate, emergencymedical technician-basic advanced, emergency medical technician,or first responder of the agency or instrumentality is not required to:
(1) be certified; or
(2) conform to the standards prescribed under this chapter.
As added by P.L.2-1993, SEC.14. Amended by P.L.186-1995,SEC.10; P.L.22-2005, SEC.20.
IC 16-31-3-4
Agencies and instrumentalities of the United States; exception tocertification requirement
Sec. 4. An agency or instrumentality of the United States andemergency medical technicians or ambulances of the agency orinstrumentality are not required to be certified or to conform to thestandards prescribed under this article.
As added by P.L.2-1993, SEC.14.
IC 16-31-3-5
Waiver of rules; requirements; expiration date; renewal
Sec. 5. (a) The commission shall waive any rule for a person whoprovides emergency ambulance service, an emergency medicaltechnician, an emergency medical technician-basic advanced, anemergency medical technician-intermediate, a paramedic, or anambulance when operating from a location in an adjoining state bycontract with an Indiana unit of government to provide emergencyambulance or medical services to patients who are picked up ortreated in Indiana.
(b) The commission may waive any rule, including a ruleestablishing a fee, for a person who submits facts demonstrating that:
(1) compliance with the rule will impose an undue hardship onthe person; and
(2) either:
(A) noncompliance with the rule; or
(B) compliance with an alternative requirement approved bythe commission;
will not jeopardize the quality of patient care. However, thecommission may not waive a rule that sets forth educationalrequirements for a person regulated under this article.
(c) A waiver granted under subsection (b)(2)(B) is conditionedupon compliance with the alternative requirement approved undersubsection (b).
(d) The commission shall establish an expiration date for anywaiver that is granted.
(e) The commission may renew a waiver if the person makes thesame demonstration required for the original waiver.As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,SEC.23.
IC 16-31-3-6
Volunteer fire departments and firefighters; exception tocertification requirement
Sec. 6. (a) As used in this section, "volunteer fire department" hasthe meaning set forth in IC 36-8-12-2.
(b) As used in this section, "volunteer firefighter" has the meaningset forth in IC 36-8-12-2.
(c) A certificate is not required for a volunteer fire department orvolunteer firefighter to engage in extrication or rescue services.
As added by P.L.2-1993, SEC.14. Amended by P.L.1-1999, SEC.44.
IC 16-31-3-7
Withholding of certificates
Sec. 7. The commission may not withhold certification from aperson providing emergency medical services that include extricationand rescue services because the person is not affiliated with ahospital, law enforcement agency, or fire department.
As added by P.L.2-1993, SEC.14.
IC 16-31-3-8
Applications for certificates
Sec. 8. An application for a certificate must be made upon theforms, provide the information, and be in accordance with theprocedures prescribed by the commission.
As added by P.L.2-1993, SEC.14.
IC 16-31-3-9
Duration of certificates
Sec. 9. Except as otherwise provided in this chapter, allcertificates are valid for a period specified by the commission unlessearlier suspended, revoked, or terminated.
As added by P.L.2-1993, SEC.14.
IC 16-31-3-10
Renewal of certificates; conditions
Sec. 10. (a) Except as provided in subsection (b), to renew acertificate issued under this chapter upon expiration of the certificatefor any reason, a person must comply with any continuing educationrequirements that have been established by the commission. Torenew a certificate issued under this chapter after a revocation of thecertificate, a person must comply with all the requirements of thischapter that apply to the original certification.
(b) A renewal of an emergency medical technician, an emergencymedical technician-basic advanced, an emergency medicaltechnician-intermediate, or a paramedic certificate shall be issued toan individual who meets the following conditions:
(1) While holding a valid certificate, enters the armed forces of
the United States, including:
(A) the army;
(B) the navy;
(C) the air force;
(D) the marines; or
(E) the coast guard;
but excluding the guard and reserve components of those forces.
(2) Is discharged from the armed forces of the United Stateswithin forty-eight (48) months after the individual entered thearmed forces.
(3) Successfully completes, not more than nine (9) months afterthe individual's discharge from the armed forces of the UnitedStates, a refresher course approved by the commission.
(4) Applies for the certificate renewal not more than one (1)year after the individual's discharge from the armed forces ofthe United States.
(5) Passes the written and practical skills examinations.
(c) A renewal of an emergency medical technician, an emergencymedical technician-basic advanced, an emergency medicaltechnician-intermediate, or a paramedic certificate must be issued toan individual who meets the following conditions:
(1) While holding a valid certificate, the individual is called toactive military duty as a member of the Indiana national guardor a reserve component of the armed forces of the United States,including:
(A) the army;
(B) the navy;
(C) the air force;
(D) the marines; or
(E) the coast guard.
(2) The individual provides the emergency medical servicescommission with a copy of the document from the armed forcesthat called the individual to active duty.
(3) The individual applies for the certificate renewal not morethan one hundred twenty (120) days after the individual leavesactive duty.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,SEC.24.
IC 16-31-3-11
Certificates nonassignable and nontransferable
Sec. 11. A certificate issued under this chapter is not assignableor transferable.
As added by P.L.2-1993, SEC.14.
IC 16-31-3-12
Defacing, removal, and obliteration of official entries uponcertificates prohibited
Sec. 12. An official entry made upon a certificate may not bedefaced, removed, or obliterated.As added by P.L.2-1993, SEC.14.
IC 16-31-3-13
Repealed
(Repealed by P.L.101-2006, SEC.39.)
IC 16-31-3-13.5
Fee
Sec. 13.5. The commission may impose a reasonable fee for theissuance of a certification under this chapter. The commission shalldeposit the fee in the emergency medical services fund establishedby IC 16-31-8.5-3.
As added by P.L.101-2006, SEC.26.
IC 16-31-3-14
Disciplinary sanctions; rescind certificate; deny certification;physical or mental examination; convictions; appeals;investigation; consistency of sanctions; approval to surrendercertificate
Sec. 14. (a) A person holding a certificate issued under this articlemust comply with the applicable standards and rules establishedunder this article. A certificate holder is subject to disciplinarysanctions under subsection (b) if the department of homelandsecurity determines that the certificate holder:
(1) engaged in or knowingly cooperated in fraud or materialdeception in order to obtain a certificate, including cheating ona certification examination;
(2) engaged in fraud or material deception in the course ofprofessional services or activities;
(3) advertised services or goods in a false or misleadingmanner;
(4) falsified or knowingly allowed another person to falsifyattendance records or certificates of completion of continuingeducation courses required under this article or rules adoptedunder this article;
(5) is convicted of a crime, if the act that resulted in theconviction has a direct bearing on determining if the certificateholder should be entrusted to provide emergency medicalservices;
(6) is convicted of violating IC 9-19-14.5;
(7) fails to comply and maintain compliance with or violatesany applicable provision, standard, or other requirement of thisarticle or rules adopted under this article;
(8) continues to practice if the certificate holder becomes unfitto practice due to:
(A) professional incompetence that includes the undertakingof professional activities that the certificate holder is notqualified by training or experience to undertake;
(B) failure to keep abreast of current professional theory orpractice; (C) physical or mental disability; or
(D) addiction to, abuse of, or dependency on alcohol or otherdrugs that endanger the public by impairing the certificateholder's ability to practice safely;
(9) engages in a course of lewd or immoral conduct inconnection with the delivery of services to the public;
(10) allows the certificate holder's name or a certificate issuedunder this article to be used in connection with a person whorenders services beyond the scope of that person's training,experience, or competence;
(11) is subjected to disciplinary action in another state orjurisdiction on grounds similar to those contained in thischapter. For purposes of this subdivision, a certified copy of arecord of disciplinary action constitutes prima facie evidence ofa disciplinary action in another jurisdiction;
(12) assists another person in committing an act that wouldconstitute a ground for disciplinary sanction under this chapter;or
(13) allows a certificate issued by the commission to be:
(A) used by another person; or
(B) displayed to the public when the certificate is expired,inactive, invalid, revoked, or suspended.
(b) The department of homeland security may issue an orderunder IC 4-21.5-3-6 to impose one (1) or more of the followingsanctions if the department of homeland security determines that acertificate holder is subject to disciplinary sanctions under subsection(a):
(1) Revocation of a certificate holder's certificate for a periodnot to exceed seven (7) years.
(2) Suspension of a certificate holder's certificate for a periodnot to exceed seven (7) years.
(3) Censure of a certificate holder.
(4) Issuance of a letter of reprimand.
(5) Assessment of a civil penalty against the certificate holderin accordance with the following:
(A) The civil penalty may not exceed five hundred dollars($500) per day per violation.
(B) If the certificate holder fails to pay the civil penaltywithin the time specified by the department of homelandsecurity, the department of homeland security may suspendthe certificate holder's certificate without additionalproceedings.
(6) Placement of a certificate holder on probation status andrequirement of the certificate holder to:
(A) report regularly to the department of homeland securityupon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the departmentof homeland security;
(C) continue or renew professional education approved bythe department of homeland security until a satisfactory
degree of skill has been attained in those areas that are thebasis of the probation; or
(D) perform or refrain from performing any acts, includingcommunity restitution or service without compensation, thatthe department of homeland security considers appropriateto the public interest or to the rehabilitation or treatment ofthe certificate holder.
The department of homeland security may withdraw or modifythis probation if the department of homeland security finds aftera hearing that the deficiency that required disciplinary action isremedied or that changed circumstances warrant a modificationof the order.
(c) If an applicant or a certificate holder has engaged in orknowingly cooperated in fraud or material deception to obtain acertificate, including cheating on the certification examination, thedepartment of homeland security may rescind the certificate if it hasbeen granted, void the examination or other fraudulent or deceptivematerial, and prohibit the applicant from reapplying for thecertificate for a length of time established by the department ofhomeland security.
(d) The department of homeland security may deny certificationto an applicant who would be subject to disciplinary sanctions undersubsection (b) if that person were a certificate holder, has haddisciplinary action taken against the applicant or the applicant'scertificate to practice in another state or jurisdiction, or has practicedwithout a certificate in violation of the law. A certified copy of therecord of disciplinary action is conclusive evidence of the otherjurisdiction's disciplinary action.
(e) The department of homeland security may order a certificateholder to submit to a reasonable physical or mental examination ifthe certificate holder's physical or mental capacity to practice safelyand competently is at issue in a disciplinary proceeding. Failure tocomply with a department of homeland security order to submit to aphysical or mental examination makes a certificate holder liable totemporary suspension under subsection (i).
(f) Except as provided under subsection (a), subsection (g), andsection 14.5 of this chapter, a certificate may not be denied, revoked,or suspended because the applicant or certificate holder has beenconvicted of an offense. The acts from which the applicant's orcertificate holder's conviction resulted may be considered as towhether the applicant or certificate holder should be entrusted toserve the public in a specific capacity.
(g) The department of homeland security may deny, suspend, orrevoke a certificate issued under this article if the individual whoholds or is applying for the certificate is convicted of any of thefollowing:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(5) Manufacture of paraphernalia as a Class D felony underIC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony underIC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony underIC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, or hashish as a Class Dfelony under IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, andprescription forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listedin subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed insubdivisions (1) through (10).
(13) An offense in any other jurisdiction in which the elementsof the offense for which the conviction was entered aresubstantially similar to the elements of an offense described bysubdivisions (1) through (12).
(h) A decision of the department of homeland security undersubsections (b) through (g) may be appealed to the commission underIC 4-21.5-3-7.
(i) The department of homeland security may temporarily suspenda certificate holder's certificate under IC 4-21.5-4 before a finaladjudication or during the appeals process if the department ofhomeland security finds that a certificate holder would represent aclear and immediate danger to the public's health, safety, or propertyif the certificate holder were allowed to continue to practice.
(j) On receipt of a complaint or information alleging that a personcertified under this chapter or IC 16-31-3.5 has engaged in or isengaging in a practice that is subject to disciplinary sanctions underthis chapter, the department of homeland security must initiate aninvestigation against the person.
(k) The department of homeland security shall conduct afactfinding investigation as the department of homeland securityconsiders proper in relation to the complaint.
(l) The department of homeland security may reinstate acertificate that has been suspended under this section if thedepartment of homeland security is satisfied that the applicant is ableto practice with reasonable skill, competency, and safety to thepublic. As a condition of reinstatement, the department of homelandsecurity may impose disciplinary or corrective measures authorizedunder this chapter.
(m) The department of homeland security may not reinstate acertificate that has been revoked under this chapter.
(n) The department of homeland security must be consistent in theapplication of sanctions authorized in this chapter. Significantdepartures from prior decisions involving similar conduct must beexplained in the department of homeland security's findings or
orders.
(o) A certificate holder may not surrender the certificate holder'scertificate without the written approval of the department ofhomeland security, and the department of homeland security mayimpose any conditions appropriate to the surrender or reinstatementof a surrendered certificate.
(p) For purposes of this section, "certificate holder" means aperson who holds:
(1) an unlimited certificate;
(2) a limited or probationary certificate; or
(3) an inactive certificate.
As added by P.L.2-1993, SEC.14. Amended by P.L.65-1998, SEC.1;P.L.205-2003, SEC.25; P.L.22-2005, SEC.21; P.L.1-2006, SEC.300;P.L.151-2006, SEC.6.
IC 16-31-3-14.5
Denial or permanent revocation of certificate for conviction ofdrug offenses or crimes of violence
Sec. 14.5. The department of homeland security may issue anorder under IC 4-21.5-3-6 to deny an applicant's request forcertification or permanently revoke a certificate under proceduresprovided by section 14 of this chapter if the individual who holds thecertificate issued under this title is convicted of any of the following:
(1) Dealing in or manufacturing cocaine or a narcotic drugunder IC 35-48-4-1.
(2) Dealing in methamphetamine under IC 35-48-4-1.1.
(3) Dealing in a schedule I, II, or III controlled substance underIC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance underIC 35-48-4-3.
(5) Dealing in a schedule V controlled substance underIC 35-48-4-4.
(6) Dealing in a substance represented to be a controlledsubstance under IC 35-48-4-4.5.
(7) Knowingly or intentionally manufacturing, advertising,distributing, or possessing with intent to manufacture, advertise,or distribute a substance represented to be a controlledsubstance under IC 35-48-4-4.6.
(8) Dealing in a counterfeit substance under IC 35-48-4-5.
(9) Dealing in marijuana, hash oil, or hashish underIC 35-48-4-10(b).
(10) Conspiracy under IC 35-41-5-2 to commit an offense listedin subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed insubdivisions (1) through (9).
(12) A crime of violence (as defined in IC 35-50-1-2(a)).
(13) An offense in any other jurisdiction in which the elementsof the offense for which the conviction was entered aresubstantially similar to the elements of an offense describedunder subdivisions (1) through (12).As added by P.L.65-1998, SEC.2. Amended by P.L.17-2001, SEC.2;P.L.1-2002, SEC.74; P.L.205-2003, SEC.26; P.L.1-2006, SEC.301;P.L.151-2006, SEC.7.
IC 16-31-3-15
Repealed
(Repealed by P.L.205-2003, SEC.44.)
IC 16-31-3-16
Misrepresentation of certification; penalty
Sec. 16. A person who is not certified under this chapter andidentifies or holds out to other persons that the person is:
(1) certified under this chapter; or
(2) authorized to do any act allowed under this chapter;
commits a Class C misdemeanor.
As added by P.L.2-1993, SEC.14.
IC 16-31-3-17
Violation; penalty
Sec. 17. (a) The department of homeland security established byIC 10-19-2-1 may issue an order to a person who has practicedwithout a certificate in violation of this article imposing a civilpenalty of not more than five hundred dollars ($500) per occurrence.
(b) A decision of the department of homeland security undersubsection (a) may be appealed to the commission underIC 4-21.5-3-7.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,SEC.27; P.L.1-2009, SEC.116.
IC 16-31-3-18
Advanced life support; scope
Sec. 18. This chapter does not limit the scope of advanced lifesupport.
As added by P.L.2-1993, SEC.14.
IC 16-31-3-19
Repealed
(Repealed by P.L.22-2005, SEC.55.)
IC 16-31-3-20
Advanced life support services development; rules
Sec. 20. The commission shall adopt rules under IC 4-22-2 thatpromote the orderly development of advanced life support servicesin Indiana. The rules must include the following:
(1) Requirements and procedures for the certification ofprovider organizations, paramedics, emergency medicaltechnicians-intermediate, and supervising hospitals.
(2) Rules governing the operation of advanced life supportservices, including the medications and procedures that may beadministered and performed by paramedics and emergency
medical technicians-intermediate.
As added by P.L.186-1995, SEC.12. Amended by P.L.205-2003,SEC.29.
IC 16-31-3-21
Persons permitted to perform advanced life support
Sec. 21. (a) Notwithstanding any other law, a certified paramedicor a certified emergency medical technician-intermediate mayperform advanced life support in an emergency according to the rulesof the commission.
(b) Notwithstanding any other law, a person may, during a courseof instruction in advanced life support, perform advanced life supportaccording to the rules of the commission.
As added by P.L.186-1995, SEC.13. Amended by P.L.205-2003,SEC.30.
IC 16-31-3-22
Advanced life support certification; exemptions; offenses
Sec. 22. (a) Except as provided in subsection (c), this section doesnot apply to the following:
(1) A licensed physician.
(2) A registered nurse or an individual acting under thesupervision of a licensed physician.
(3) A person providing health care in a hospital or anambulatory outpatient surgical center licensed under IC 16-21.
(b) A person may not furnish, operate, conduct, maintain, oradvertise advanced life support as a part of the regular course ofdoing business unless the person holds a valid certificate orprovisional certificate issued by the commission to provide advancedlife support.
(c) A:
(1) licensed physician;
(2) registered nurse or an individual acting under thesupervision of a licensed physician; or
(3) person providing health care in a hospital or an ambulatoryoutpatient surgical center licensed under IC 16-21;
who operates a business of operating an emergency ambulanceservice that provides advanced life support must hold a validcertificate issued by the commission under this chapter.
(d) A person who violates this section commits a Class Cmisdemeanor. Each day of continued violation of this section is aseparate offense.
As added by P.L.186-1995, SEC.14.
IC 16-31-3-23
Use of an auto-injector by a certified emergency medical technician
Sec. 23. An emergency medical technician or emergency medicaltechnician-basic advanced who is certified under this article mayadminister epinephrine through an auto-injector to an individual whois experiencing symptoms of an allergic reaction or anaphylaxis.As added by P.L.17-2002, SEC.5. Amended by P.L.205-2003,SEC.31.