IC 16-31-3
Chapter 3. Certification Requirements for the Provision of
Emergency Medical Services
IC 16-31-3-0.5 "Nontransporting emergency medical services vehicle" defined
Sec. 0.5. (a) As used in this chapter, "nontransporting emergency
medical services vehicle" means a motor vehicle, other than an
ambulance, used for emergency medical services.
(b) The term does not include an employer owned or employer
operated vehicle used for first aid purposes within or upon the
employer'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 other
than:
(1) a licensed physician;
(2) a registered nurse or an individual acting under the
supervision of a licensed physician; or
(3) a person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
may not furnish, operate, conduct, maintain, advertise, or otherwise
be engaged in providing emergency medical services, except for the
use of an automated external defibrillator, as a part of the regular
course of doing business, either paid or voluntary, unless that person
holds a valid certificate issued by the commission.
(b) A:
(1) licensed physician;
(2) registered nurse or an individual acting under the
supervision of a licensed physician; or
(3) person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
who operates a business of transporting emergency patients by
ambulance or using a nontransporting emergency medical services
vehicle must hold a valid certificate issued by the commission under
this 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 persons
required to be certified by the commission to provide emergency
medical services. To be certified, a person must meet the following
minimum requirements:
(1) The personnel certified under this chapter must do the
following:
(A) Meet the standards for education and training
established by the commission by rule.
(B) Successfully complete a basic or an inservice course of
education and training on sudden infant death syndrome that
is certified by the commission in conjunction with the state
health commissioner.
(C) Beginning January 1, 2009, successfully complete a
basic or an inservice course of education and training on
autism that is certified by the commission.
(2) Ambulances to be used must conform with the requirements
of the commission and must either be:
(A) covered by insurance issued by a company licensed to
do business in Indiana in the amounts and under the terms
required in rules adopted by the commission; or
(B) owned by a governmental entity covered under
IC 34-13-3.
(3) Emergency ambulance service shall be provided in
accordance with rules adopted by the commission. However,
the rules adopted under this chapter may not prohibit the
dispatch of an ambulance to aid an emergency patient because
an emergency medical technician is not immediately available
to staff the ambulance.
(4) Ambulances must be equipped with a system of emergency
medical communications approved by the commission. The
emergency medical communication system must properly
integrate and coordinate appropriate local and state emergency
communications systems and reasonably available area
emergency medical facilities with the general public's need for
emergency medical services.
(5) Emergency medical communications shall be provided in
accordance with rules adopted by the commission.
(6) A nontransporting emergency medical services vehicle must
conform 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 provides
emergency ambulance service, an emergency medical technician, an
emergency medical technician-basic advanced, an ambulance, a
nontransporting emergency medical services vehicle, or advanced
life support when doing any of the following:
(1) Providing assistance to persons certified to provide
emergency ambulance service or to emergency medical
technicians.
(2) Operating from a location or headquarters outside Indiana
to provide emergency ambulance services to patients who are
picked up outside Indiana for transportation to locations within
Indiana.
(3) Providing emergency medical services during a major
catastrophe or disaster with which persons or ambulances
certified to provide emergency ambulance services are
insufficient or unable to cope.
(b) An agency or instrumentality of the United States and any
paramedic, emergency medical technician-intermediate, emergency
medical 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 to
certification requirement
Sec. 4. An agency or instrumentality of the United States and
emergency medical technicians or ambulances of the agency or
instrumentality are not required to be certified or to conform to the
standards 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 who
provides emergency ambulance service, an emergency medical
technician, an emergency medical technician-basic advanced, an
emergency medical technician-intermediate, a paramedic, or an
ambulance when operating from a location in an adjoining state by
contract with an Indiana unit of government to provide emergency
ambulance or medical services to patients who are picked up or
treated in Indiana.
(b) The commission may waive any rule, including a rule
establishing a fee, for a person who submits facts demonstrating that:
(1) compliance with the rule will impose an undue hardship on
the person; and
(2) either:
(A) noncompliance with the rule; or
(B) compliance with an alternative requirement approved by
the commission;
will not jeopardize the quality of patient care. However, the
commission may not waive a rule that sets forth educational
requirements for a person regulated under this article.
(c) A waiver granted under subsection (b)(2)(B) is conditioned
upon compliance with the alternative requirement approved under
subsection (b).
(d) The commission shall establish an expiration date for any
waiver that is granted.
(e) The commission may renew a waiver if the person makes the
same 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 to
certification requirement
Sec. 6. (a) As used in this section, "volunteer fire department" has
the meaning set forth in IC 36-8-12-2.
(b) As used in this section, "volunteer firefighter" has the meaning
set forth in IC 36-8-12-2.
(c) A certificate is not required for a volunteer fire department or
volunteer 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 a
person providing emergency medical services that include extrication
and rescue services because the person is not affiliated with a
hospital, 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 the
forms, provide the information, and be in accordance with the
procedures 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, all
certificates are valid for a period specified by the commission unless
earlier 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 a
certificate issued under this chapter upon expiration of the certificate
for any reason, a person must comply with any continuing education
requirements that have been established by the commission. To
renew a certificate issued under this chapter after a revocation of the
certificate, a person must comply with all the requirements of this
chapter that apply to the original certification.
(b) A renewal of an emergency medical technician, an emergency
medical technician-basic advanced, an emergency medical
technician-intermediate, or a paramedic certificate shall be issued to
an 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 States
within forty-eight (48) months after the individual entered the
armed forces.
(3) Successfully completes, not more than nine (9) months after
the individual's discharge from the armed forces of the United
States, 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 of
the United States.
(5) Passes the written and practical skills examinations.
(c) A renewal of an emergency medical technician, an emergency
medical technician-basic advanced, an emergency medical
technician-intermediate, or a paramedic certificate must be issued to
an individual who meets the following conditions:
(1) While holding a valid certificate, the individual is called to
active military duty as a member of the Indiana national guard
or 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 services
commission with a copy of the document from the armed forces
that called the individual to active duty.
(3) The individual applies for the certificate renewal not more
than one hundred twenty (120) days after the individual leaves
active 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 assignable
or transferable. As added by P.L.2-1993, SEC.14.
IC 16-31-3-12 Defacing, removal, and obliteration of official entries upon
certificates prohibited
Sec. 12. An official entry made upon a certificate may not be
defaced, 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 the
issuance of a certification under this chapter. The commission shall
deposit the fee in the emergency medical services fund established
by 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 surrender
certificate
Sec. 14. (a) A person holding a certificate issued under this article
must comply with the applicable standards and rules established
under this article. A certificate holder is subject to disciplinary
sanctions under subsection (b) if the department of homeland
security determines that the certificate holder:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a certificate, including cheating on
a certification examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading
manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses required under this article or rules adopted
under this article;
(5) is convicted of a crime, if the act that resulted in the
conviction has a direct bearing on determining if the certificate
holder should be entrusted to provide emergency medical
services;
(6) is convicted of violating IC 9-19-14.5;
(7) fails to comply and maintain compliance with or violates
any applicable provision, standard, or other requirement of this
article or rules adopted under this article;
(8) continues to practice if the certificate holder becomes unfit
to practice due to:
(A) professional incompetence that includes the undertaking
of professional activities that the certificate holder is not
qualified by training or experience to undertake;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or dependency on alcohol or other
drugs that endanger the public by impairing the certificate
holder's ability to practice safely;
(9) engages in a course of lewd or immoral conduct in
connection with the delivery of services to the public;
(10) allows the certificate holder's name or a certificate issued
under this article to be used in connection with a person who
renders services beyond the scope of that person's training,
experience, or competence;
(11) is subjected to disciplinary action in another state or
jurisdiction on grounds similar to those contained in this
chapter. For purposes of this subdivision, a certified copy of a
record of disciplinary action constitutes prima facie evidence of
a disciplinary action in another jurisdiction;
(12) assists another person in committing an act that would
constitute 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 order
under IC 4-21.5-3-6 to impose one (1) or more of the following
sanctions if the department of homeland security determines that a
certificate holder is subject to disciplinary sanctions under subsection
(a):
(1) Revocation of a certificate holder's certificate for a period
not to exceed seven (7) years.
(2) Suspension of a certificate holder's certificate for a period
not 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 holder
in 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 penalty
within the time specified by the department of homeland
security, the department of homeland security may suspend
the certificate holder's certificate without additional
proceedings.
(6) Placement of a certificate holder on probation status and
requirement of the certificate holder to:
(A) report regularly to the department of homeland security
upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the department
of homeland security;
(C) continue or renew professional education approved by
the department of homeland security until a satisfactory
degree of skill has been attained in those areas that are the
basis of the probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department of homeland security considers appropriate
to the public interest or to the rehabilitation or treatment of
the certificate holder.
The department of homeland security may withdraw or modify
this probation if the department of homeland security finds after
a hearing that the deficiency that required disciplinary action is
remedied or that changed circumstances warrant a modification
of the order.
(c) If an applicant or a certificate holder has engaged in or
knowingly cooperated in fraud or material deception to obtain a
certificate, including cheating on the certification examination, the
department of homeland security may rescind the certificate if it has
been granted, void the examination or other fraudulent or deceptive
material, and prohibit the applicant from reapplying for the
certificate for a length of time established by the department of
homeland security.
(d) The department of homeland security may deny certification
to an applicant who would be subject to disciplinary sanctions under
subsection (b) if that person were a certificate holder, has had
disciplinary action taken against the applicant or the applicant's
certificate to practice in another state or jurisdiction, or has practiced
without a certificate in violation of the law. A certified copy of the
record of disciplinary action is conclusive evidence of the other
jurisdiction's disciplinary action.
(e) The department of homeland security may order a certificate
holder to submit to a reasonable physical or mental examination if
the certificate holder's physical or mental capacity to practice safely
and competently is at issue in a disciplinary proceeding. Failure to
comply with a department of homeland security order to submit to a
physical or mental examination makes a certificate holder liable to
temporary suspension under subsection (i).
(f) Except as provided under subsection (a), subsection (g), and
section 14.5 of this chapter, a certificate may not be denied, revoked,
or suspended because the applicant or certificate holder has been
convicted of an offense. The acts from which the applicant's or
certificate holder's conviction resulted may be considered as to
whether the applicant or certificate holder should be entrusted to
serve the public in a specific capacity.
(g) The department of homeland security may deny, suspend, or
revoke a certificate issued under this article if the individual who
holds or is applying for the certificate is convicted of any of the
following:
(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 under
IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, or hashish as a Class D
felony under IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, and
prescription forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (10).
(13) An offense in any other jurisdiction in which the elements
of the offense for which the conviction was entered are
substantially similar to the elements of an offense described by
subdivisions (1) through (12).
(h) A decision of the department of homeland security under
subsections (b) through (g) may be appealed to the commission under
IC 4-21.5-3-7.
(i) The department of homeland security may temporarily suspend
a certificate holder's certificate under IC 4-21.5-4 before a final
adjudication or during the appeals process if the department of
homeland security finds that a certificate holder would represent a
clear and immediate danger to the public's health, safety, or property
if the certificate holder were allowed to continue to practice.
(j) On receipt of a complaint or information alleging that a person
certified under this chapter or IC 16-31-3.5 has engaged in or is
engaging in a practice that is subject to disciplinary sanctions under
this chapter, the department of homeland security must initiate an
investigation against the person.
(k) The department of homeland security shall conduct a
factfinding investigation as the department of homeland security
considers proper in relation to the complaint.
(l) The department of homeland security may reinstate a
certificate that has been suspended under this section if the
department of homeland security is satisfied that the applicant is able
to practice with reasonable skill, competency, and safety to the
public. As a condition of reinstatement, the department of homeland
security may impose disciplinary or corrective measures authorized
under this chapter.
(m) The department of homeland security may not reinstate a
certificate that has been revoked under this chapter.
(n) The department of homeland security must be consistent in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department of homeland security's findings or
orders.
(o) A certificate holder may not surrender the certificate holder's
certificate without the written approval of the department of
homeland security, and the department of homeland security may
impose any conditions appropriate to the surrender or reinstatement
of a surrendered certificate.
(p) For purposes of this section, "certificate holder" means a
person 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 of
drug offenses or crimes of violence
Sec. 14.5. The department of homeland security may issue an
order under IC 4-21.5-3-6 to deny an applicant's request for
certification or permanently revoke a certificate under procedures
provided by section 14 of this chapter if the individual who holds the
certificate issued under this title is convicted of any of the following:
(1) Dealing in or manufacturing cocaine or a narcotic drug
under 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 under
IC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(5) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(6) Dealing in a substance represented to be a controlled
substance 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 controlled
substance 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 under
IC 35-48-4-10(b).
(10) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (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 elements
of the offense for which the conviction was entered are
substantially similar to the elements of an offense described
under 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 and
identifies 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 by
IC 10-19-2-1 may issue an order to a person who has practiced
without a certificate in violation of this article imposing a civil
penalty of not more than five hundred dollars ($500) per occurrence.
(b) A decision of the department of homeland security under
subsection (a) may be appealed to the commission under
IC 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 life
support. 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 that
promote the orderly development of advanced life support services
in Indiana. The rules must include the following:
(1) Requirements and procedures for the certification of
provider organizations, paramedics, emergency medical
technicians-intermediate, and supervising hospitals.
(2) Rules governing the operation of advanced life support
services, including the medications and procedures that may be
administered 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 paramedic
or a certified emergency medical technician-intermediate may
perform advanced life support in an emergency according to the rules
of the commission.
(b) Notwithstanding any other law, a person may, during a course
of instruction in advanced life support, perform advanced life support
according 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 does
not apply to the following:
(1) A licensed physician.
(2) A registered nurse or an individual acting under the
supervision of a licensed physician.
(3) A person providing health care in a hospital or an
ambulatory outpatient surgical center licensed under IC 16-21.
(b) A person may not furnish, operate, conduct, maintain, or
advertise advanced life support as a part of the regular course of
doing business unless the person holds a valid certificate or
provisional certificate issued by the commission to provide advanced
life support.
(c) A:
(1) licensed physician;
(2) registered nurse or an individual acting under the
supervision of a licensed physician; or
(3) person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
who operates a business of operating an emergency ambulance
service that provides advanced life support must hold a valid
certificate issued by the commission under this chapter.
(d) A person who violates this section commits a Class C
misdemeanor. Each day of continued violation of this section is a
separate 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 medical
technician-basic advanced who is certified under this article may
administer epinephrine through an auto-injector to an individual who
is 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.
IC 16-31-3
Chapter 3. Certification Requirements for the Provision of
Emergency Medical Services
IC 16-31-3-0.5 "Nontransporting emergency medical services vehicle" defined
Sec. 0.5. (a) As used in this chapter, "nontransporting emergency
medical services vehicle" means a motor vehicle, other than an
ambulance, used for emergency medical services.
(b) The term does not include an employer owned or employer
operated vehicle used for first aid purposes within or upon the
employer'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 other
than:
(1) a licensed physician;
(2) a registered nurse or an individual acting under the
supervision of a licensed physician; or
(3) a person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
may not furnish, operate, conduct, maintain, advertise, or otherwise
be engaged in providing emergency medical services, except for the
use of an automated external defibrillator, as a part of the regular
course of doing business, either paid or voluntary, unless that person
holds a valid certificate issued by the commission.
(b) A:
(1) licensed physician;
(2) registered nurse or an individual acting under the
supervision of a licensed physician; or
(3) person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
who operates a business of transporting emergency patients by
ambulance or using a nontransporting emergency medical services
vehicle must hold a valid certificate issued by the commission under
this 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 persons
required to be certified by the commission to provide emergency
medical services. To be certified, a person must meet the following
minimum requirements:
(1) The personnel certified under this chapter must do the
following:
(A) Meet the standards for education and training
established by the commission by rule.
(B) Successfully complete a basic or an inservice course of
education and training on sudden infant death syndrome that
is certified by the commission in conjunction with the state
health commissioner.
(C) Beginning January 1, 2009, successfully complete a
basic or an inservice course of education and training on
autism that is certified by the commission.
(2) Ambulances to be used must conform with the requirements
of the commission and must either be:
(A) covered by insurance issued by a company licensed to
do business in Indiana in the amounts and under the terms
required in rules adopted by the commission; or
(B) owned by a governmental entity covered under
IC 34-13-3.
(3) Emergency ambulance service shall be provided in
accordance with rules adopted by the commission. However,
the rules adopted under this chapter may not prohibit the
dispatch of an ambulance to aid an emergency patient because
an emergency medical technician is not immediately available
to staff the ambulance.
(4) Ambulances must be equipped with a system of emergency
medical communications approved by the commission. The
emergency medical communication system must properly
integrate and coordinate appropriate local and state emergency
communications systems and reasonably available area
emergency medical facilities with the general public's need for
emergency medical services.
(5) Emergency medical communications shall be provided in
accordance with rules adopted by the commission.
(6) A nontransporting emergency medical services vehicle must
conform 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 provides
emergency ambulance service, an emergency medical technician, an
emergency medical technician-basic advanced, an ambulance, a
nontransporting emergency medical services vehicle, or advanced
life support when doing any of the following:
(1) Providing assistance to persons certified to provide
emergency ambulance service or to emergency medical
technicians.
(2) Operating from a location or headquarters outside Indiana
to provide emergency ambulance services to patients who are
picked up outside Indiana for transportation to locations within
Indiana.
(3) Providing emergency medical services during a major
catastrophe or disaster with which persons or ambulances
certified to provide emergency ambulance services are
insufficient or unable to cope.
(b) An agency or instrumentality of the United States and any
paramedic, emergency medical technician-intermediate, emergency
medical 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 to
certification requirement
Sec. 4. An agency or instrumentality of the United States and
emergency medical technicians or ambulances of the agency or
instrumentality are not required to be certified or to conform to the
standards 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 who
provides emergency ambulance service, an emergency medical
technician, an emergency medical technician-basic advanced, an
emergency medical technician-intermediate, a paramedic, or an
ambulance when operating from a location in an adjoining state by
contract with an Indiana unit of government to provide emergency
ambulance or medical services to patients who are picked up or
treated in Indiana.
(b) The commission may waive any rule, including a rule
establishing a fee, for a person who submits facts demonstrating that:
(1) compliance with the rule will impose an undue hardship on
the person; and
(2) either:
(A) noncompliance with the rule; or
(B) compliance with an alternative requirement approved by
the commission;
will not jeopardize the quality of patient care. However, the
commission may not waive a rule that sets forth educational
requirements for a person regulated under this article.
(c) A waiver granted under subsection (b)(2)(B) is conditioned
upon compliance with the alternative requirement approved under
subsection (b).
(d) The commission shall establish an expiration date for any
waiver that is granted.
(e) The commission may renew a waiver if the person makes the
same 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 to
certification requirement
Sec. 6. (a) As used in this section, "volunteer fire department" has
the meaning set forth in IC 36-8-12-2.
(b) As used in this section, "volunteer firefighter" has the meaning
set forth in IC 36-8-12-2.
(c) A certificate is not required for a volunteer fire department or
volunteer 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 a
person providing emergency medical services that include extrication
and rescue services because the person is not affiliated with a
hospital, 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 the
forms, provide the information, and be in accordance with the
procedures 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, all
certificates are valid for a period specified by the commission unless
earlier 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 a
certificate issued under this chapter upon expiration of the certificate
for any reason, a person must comply with any continuing education
requirements that have been established by the commission. To
renew a certificate issued under this chapter after a revocation of the
certificate, a person must comply with all the requirements of this
chapter that apply to the original certification.
(b) A renewal of an emergency medical technician, an emergency
medical technician-basic advanced, an emergency medical
technician-intermediate, or a paramedic certificate shall be issued to
an 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 States
within forty-eight (48) months after the individual entered the
armed forces.
(3) Successfully completes, not more than nine (9) months after
the individual's discharge from the armed forces of the United
States, 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 of
the United States.
(5) Passes the written and practical skills examinations.
(c) A renewal of an emergency medical technician, an emergency
medical technician-basic advanced, an emergency medical
technician-intermediate, or a paramedic certificate must be issued to
an individual who meets the following conditions:
(1) While holding a valid certificate, the individual is called to
active military duty as a member of the Indiana national guard
or 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 services
commission with a copy of the document from the armed forces
that called the individual to active duty.
(3) The individual applies for the certificate renewal not more
than one hundred twenty (120) days after the individual leaves
active 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 assignable
or transferable. As added by P.L.2-1993, SEC.14.
IC 16-31-3-12 Defacing, removal, and obliteration of official entries upon
certificates prohibited
Sec. 12. An official entry made upon a certificate may not be
defaced, 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 the
issuance of a certification under this chapter. The commission shall
deposit the fee in the emergency medical services fund established
by 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 surrender
certificate
Sec. 14. (a) A person holding a certificate issued under this article
must comply with the applicable standards and rules established
under this article. A certificate holder is subject to disciplinary
sanctions under subsection (b) if the department of homeland
security determines that the certificate holder:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a certificate, including cheating on
a certification examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading
manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses required under this article or rules adopted
under this article;
(5) is convicted of a crime, if the act that resulted in the
conviction has a direct bearing on determining if the certificate
holder should be entrusted to provide emergency medical
services;
(6) is convicted of violating IC 9-19-14.5;
(7) fails to comply and maintain compliance with or violates
any applicable provision, standard, or other requirement of this
article or rules adopted under this article;
(8) continues to practice if the certificate holder becomes unfit
to practice due to:
(A) professional incompetence that includes the undertaking
of professional activities that the certificate holder is not
qualified by training or experience to undertake;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or dependency on alcohol or other
drugs that endanger the public by impairing the certificate
holder's ability to practice safely;
(9) engages in a course of lewd or immoral conduct in
connection with the delivery of services to the public;
(10) allows the certificate holder's name or a certificate issued
under this article to be used in connection with a person who
renders services beyond the scope of that person's training,
experience, or competence;
(11) is subjected to disciplinary action in another state or
jurisdiction on grounds similar to those contained in this
chapter. For purposes of this subdivision, a certified copy of a
record of disciplinary action constitutes prima facie evidence of
a disciplinary action in another jurisdiction;
(12) assists another person in committing an act that would
constitute 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 order
under IC 4-21.5-3-6 to impose one (1) or more of the following
sanctions if the department of homeland security determines that a
certificate holder is subject to disciplinary sanctions under subsection
(a):
(1) Revocation of a certificate holder's certificate for a period
not to exceed seven (7) years.
(2) Suspension of a certificate holder's certificate for a period
not 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 holder
in 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 penalty
within the time specified by the department of homeland
security, the department of homeland security may suspend
the certificate holder's certificate without additional
proceedings.
(6) Placement of a certificate holder on probation status and
requirement of the certificate holder to:
(A) report regularly to the department of homeland security
upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the department
of homeland security;
(C) continue or renew professional education approved by
the department of homeland security until a satisfactory
degree of skill has been attained in those areas that are the
basis of the probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department of homeland security considers appropriate
to the public interest or to the rehabilitation or treatment of
the certificate holder.
The department of homeland security may withdraw or modify
this probation if the department of homeland security finds after
a hearing that the deficiency that required disciplinary action is
remedied or that changed circumstances warrant a modification
of the order.
(c) If an applicant or a certificate holder has engaged in or
knowingly cooperated in fraud or material deception to obtain a
certificate, including cheating on the certification examination, the
department of homeland security may rescind the certificate if it has
been granted, void the examination or other fraudulent or deceptive
material, and prohibit the applicant from reapplying for the
certificate for a length of time established by the department of
homeland security.
(d) The department of homeland security may deny certification
to an applicant who would be subject to disciplinary sanctions under
subsection (b) if that person were a certificate holder, has had
disciplinary action taken against the applicant or the applicant's
certificate to practice in another state or jurisdiction, or has practiced
without a certificate in violation of the law. A certified copy of the
record of disciplinary action is conclusive evidence of the other
jurisdiction's disciplinary action.
(e) The department of homeland security may order a certificate
holder to submit to a reasonable physical or mental examination if
the certificate holder's physical or mental capacity to practice safely
and competently is at issue in a disciplinary proceeding. Failure to
comply with a department of homeland security order to submit to a
physical or mental examination makes a certificate holder liable to
temporary suspension under subsection (i).
(f) Except as provided under subsection (a), subsection (g), and
section 14.5 of this chapter, a certificate may not be denied, revoked,
or suspended because the applicant or certificate holder has been
convicted of an offense. The acts from which the applicant's or
certificate holder's conviction resulted may be considered as to
whether the applicant or certificate holder should be entrusted to
serve the public in a specific capacity.
(g) The department of homeland security may deny, suspend, or
revoke a certificate issued under this article if the individual who
holds or is applying for the certificate is convicted of any of the
following:
(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 under
IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, or hashish as a Class D
felony under IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, and
prescription forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (10).
(13) An offense in any other jurisdiction in which the elements
of the offense for which the conviction was entered are
substantially similar to the elements of an offense described by
subdivisions (1) through (12).
(h) A decision of the department of homeland security under
subsections (b) through (g) may be appealed to the commission under
IC 4-21.5-3-7.
(i) The department of homeland security may temporarily suspend
a certificate holder's certificate under IC 4-21.5-4 before a final
adjudication or during the appeals process if the department of
homeland security finds that a certificate holder would represent a
clear and immediate danger to the public's health, safety, or property
if the certificate holder were allowed to continue to practice.
(j) On receipt of a complaint or information alleging that a person
certified under this chapter or IC 16-31-3.5 has engaged in or is
engaging in a practice that is subject to disciplinary sanctions under
this chapter, the department of homeland security must initiate an
investigation against the person.
(k) The department of homeland security shall conduct a
factfinding investigation as the department of homeland security
considers proper in relation to the complaint.
(l) The department of homeland security may reinstate a
certificate that has been suspended under this section if the
department of homeland security is satisfied that the applicant is able
to practice with reasonable skill, competency, and safety to the
public. As a condition of reinstatement, the department of homeland
security may impose disciplinary or corrective measures authorized
under this chapter.
(m) The department of homeland security may not reinstate a
certificate that has been revoked under this chapter.
(n) The department of homeland security must be consistent in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department of homeland security's findings or
orders.
(o) A certificate holder may not surrender the certificate holder's
certificate without the written approval of the department of
homeland security, and the department of homeland security may
impose any conditions appropriate to the surrender or reinstatement
of a surrendered certificate.
(p) For purposes of this section, "certificate holder" means a
person 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 of
drug offenses or crimes of violence
Sec. 14.5. The department of homeland security may issue an
order under IC 4-21.5-3-6 to deny an applicant's request for
certification or permanently revoke a certificate under procedures
provided by section 14 of this chapter if the individual who holds the
certificate issued under this title is convicted of any of the following:
(1) Dealing in or manufacturing cocaine or a narcotic drug
under 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 under
IC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(5) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(6) Dealing in a substance represented to be a controlled
substance 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 controlled
substance 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 under
IC 35-48-4-10(b).
(10) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (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 elements
of the offense for which the conviction was entered are
substantially similar to the elements of an offense described
under 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 and
identifies 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 by
IC 10-19-2-1 may issue an order to a person who has practiced
without a certificate in violation of this article imposing a civil
penalty of not more than five hundred dollars ($500) per occurrence.
(b) A decision of the department of homeland security under
subsection (a) may be appealed to the commission under
IC 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 life
support. 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 that
promote the orderly development of advanced life support services
in Indiana. The rules must include the following:
(1) Requirements and procedures for the certification of
provider organizations, paramedics, emergency medical
technicians-intermediate, and supervising hospitals.
(2) Rules governing the operation of advanced life support
services, including the medications and procedures that may be
administered 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 paramedic
or a certified emergency medical technician-intermediate may
perform advanced life support in an emergency according to the rules
of the commission.
(b) Notwithstanding any other law, a person may, during a course
of instruction in advanced life support, perform advanced life support
according 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 does
not apply to the following:
(1) A licensed physician.
(2) A registered nurse or an individual acting under the
supervision of a licensed physician.
(3) A person providing health care in a hospital or an
ambulatory outpatient surgical center licensed under IC 16-21.
(b) A person may not furnish, operate, conduct, maintain, or
advertise advanced life support as a part of the regular course of
doing business unless the person holds a valid certificate or
provisional certificate issued by the commission to provide advanced
life support.
(c) A:
(1) licensed physician;
(2) registered nurse or an individual acting under the
supervision of a licensed physician; or
(3) person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
who operates a business of operating an emergency ambulance
service that provides advanced life support must hold a valid
certificate issued by the commission under this chapter.
(d) A person who violates this section commits a Class C
misdemeanor. Each day of continued violation of this section is a
separate 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 medical
technician-basic advanced who is certified under this article may
administer epinephrine through an auto-injector to an individual who
is 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.
IC 16-31-3
Chapter 3. Certification Requirements for the Provision of
Emergency Medical Services
IC 16-31-3-0.5 "Nontransporting emergency medical services vehicle" defined
Sec. 0.5. (a) As used in this chapter, "nontransporting emergency
medical services vehicle" means a motor vehicle, other than an
ambulance, used for emergency medical services.
(b) The term does not include an employer owned or employer
operated vehicle used for first aid purposes within or upon the
employer'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 other
than:
(1) a licensed physician;
(2) a registered nurse or an individual acting under the
supervision of a licensed physician; or
(3) a person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
may not furnish, operate, conduct, maintain, advertise, or otherwise
be engaged in providing emergency medical services, except for the
use of an automated external defibrillator, as a part of the regular
course of doing business, either paid or voluntary, unless that person
holds a valid certificate issued by the commission.
(b) A:
(1) licensed physician;
(2) registered nurse or an individual acting under the
supervision of a licensed physician; or
(3) person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
who operates a business of transporting emergency patients by
ambulance or using a nontransporting emergency medical services
vehicle must hold a valid certificate issued by the commission under
this 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 persons
required to be certified by the commission to provide emergency
medical services. To be certified, a person must meet the following
minimum requirements:
(1) The personnel certified under this chapter must do the
following:
(A) Meet the standards for education and training
established by the commission by rule.
(B) Successfully complete a basic or an inservice course of
education and training on sudden infant death syndrome that
is certified by the commission in conjunction with the state
health commissioner.
(C) Beginning January 1, 2009, successfully complete a
basic or an inservice course of education and training on
autism that is certified by the commission.
(2) Ambulances to be used must conform with the requirements
of the commission and must either be:
(A) covered by insurance issued by a company licensed to
do business in Indiana in the amounts and under the terms
required in rules adopted by the commission; or
(B) owned by a governmental entity covered under
IC 34-13-3.
(3) Emergency ambulance service shall be provided in
accordance with rules adopted by the commission. However,
the rules adopted under this chapter may not prohibit the
dispatch of an ambulance to aid an emergency patient because
an emergency medical technician is not immediately available
to staff the ambulance.
(4) Ambulances must be equipped with a system of emergency
medical communications approved by the commission. The
emergency medical communication system must properly
integrate and coordinate appropriate local and state emergency
communications systems and reasonably available area
emergency medical facilities with the general public's need for
emergency medical services.
(5) Emergency medical communications shall be provided in
accordance with rules adopted by the commission.
(6) A nontransporting emergency medical services vehicle must
conform 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 provides
emergency ambulance service, an emergency medical technician, an
emergency medical technician-basic advanced, an ambulance, a
nontransporting emergency medical services vehicle, or advanced
life support when doing any of the following:
(1) Providing assistance to persons certified to provide
emergency ambulance service or to emergency medical
technicians.
(2) Operating from a location or headquarters outside Indiana
to provide emergency ambulance services to patients who are
picked up outside Indiana for transportation to locations within
Indiana.
(3) Providing emergency medical services during a major
catastrophe or disaster with which persons or ambulances
certified to provide emergency ambulance services are
insufficient or unable to cope.
(b) An agency or instrumentality of the United States and any
paramedic, emergency medical technician-intermediate, emergency
medical 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 to
certification requirement
Sec. 4. An agency or instrumentality of the United States and
emergency medical technicians or ambulances of the agency or
instrumentality are not required to be certified or to conform to the
standards 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 who
provides emergency ambulance service, an emergency medical
technician, an emergency medical technician-basic advanced, an
emergency medical technician-intermediate, a paramedic, or an
ambulance when operating from a location in an adjoining state by
contract with an Indiana unit of government to provide emergency
ambulance or medical services to patients who are picked up or
treated in Indiana.
(b) The commission may waive any rule, including a rule
establishing a fee, for a person who submits facts demonstrating that:
(1) compliance with the rule will impose an undue hardship on
the person; and
(2) either:
(A) noncompliance with the rule; or
(B) compliance with an alternative requirement approved by
the commission;
will not jeopardize the quality of patient care. However, the
commission may not waive a rule that sets forth educational
requirements for a person regulated under this article.
(c) A waiver granted under subsection (b)(2)(B) is conditioned
upon compliance with the alternative requirement approved under
subsection (b).
(d) The commission shall establish an expiration date for any
waiver that is granted.
(e) The commission may renew a waiver if the person makes the
same 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 to
certification requirement
Sec. 6. (a) As used in this section, "volunteer fire department" has
the meaning set forth in IC 36-8-12-2.
(b) As used in this section, "volunteer firefighter" has the meaning
set forth in IC 36-8-12-2.
(c) A certificate is not required for a volunteer fire department or
volunteer 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 a
person providing emergency medical services that include extrication
and rescue services because the person is not affiliated with a
hospital, 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 the
forms, provide the information, and be in accordance with the
procedures 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, all
certificates are valid for a period specified by the commission unless
earlier 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 a
certificate issued under this chapter upon expiration of the certificate
for any reason, a person must comply with any continuing education
requirements that have been established by the commission. To
renew a certificate issued under this chapter after a revocation of the
certificate, a person must comply with all the requirements of this
chapter that apply to the original certification.
(b) A renewal of an emergency medical technician, an emergency
medical technician-basic advanced, an emergency medical
technician-intermediate, or a paramedic certificate shall be issued to
an 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 States
within forty-eight (48) months after the individual entered the
armed forces.
(3) Successfully completes, not more than nine (9) months after
the individual's discharge from the armed forces of the United
States, 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 of
the United States.
(5) Passes the written and practical skills examinations.
(c) A renewal of an emergency medical technician, an emergency
medical technician-basic advanced, an emergency medical
technician-intermediate, or a paramedic certificate must be issued to
an individual who meets the following conditions:
(1) While holding a valid certificate, the individual is called to
active military duty as a member of the Indiana national guard
or 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 services
commission with a copy of the document from the armed forces
that called the individual to active duty.
(3) The individual applies for the certificate renewal not more
than one hundred twenty (120) days after the individual leaves
active 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 assignable
or transferable. As added by P.L.2-1993, SEC.14.
IC 16-31-3-12 Defacing, removal, and obliteration of official entries upon
certificates prohibited
Sec. 12. An official entry made upon a certificate may not be
defaced, 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 the
issuance of a certification under this chapter. The commission shall
deposit the fee in the emergency medical services fund established
by 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 surrender
certificate
Sec. 14. (a) A person holding a certificate issued under this article
must comply with the applicable standards and rules established
under this article. A certificate holder is subject to disciplinary
sanctions under subsection (b) if the department of homeland
security determines that the certificate holder:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a certificate, including cheating on
a certification examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading
manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses required under this article or rules adopted
under this article;
(5) is convicted of a crime, if the act that resulted in the
conviction has a direct bearing on determining if the certificate
holder should be entrusted to provide emergency medical
services;
(6) is convicted of violating IC 9-19-14.5;
(7) fails to comply and maintain compliance with or violates
any applicable provision, standard, or other requirement of this
article or rules adopted under this article;
(8) continues to practice if the certificate holder becomes unfit
to practice due to:
(A) professional incompetence that includes the undertaking
of professional activities that the certificate holder is not
qualified by training or experience to undertake;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or dependency on alcohol or other
drugs that endanger the public by impairing the certificate
holder's ability to practice safely;
(9) engages in a course of lewd or immoral conduct in
connection with the delivery of services to the public;
(10) allows the certificate holder's name or a certificate issued
under this article to be used in connection with a person who
renders services beyond the scope of that person's training,
experience, or competence;
(11) is subjected to disciplinary action in another state or
jurisdiction on grounds similar to those contained in this
chapter. For purposes of this subdivision, a certified copy of a
record of disciplinary action constitutes prima facie evidence of
a disciplinary action in another jurisdiction;
(12) assists another person in committing an act that would
constitute 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 order
under IC 4-21.5-3-6 to impose one (1) or more of the following
sanctions if the department of homeland security determines that a
certificate holder is subject to disciplinary sanctions under subsection
(a):
(1) Revocation of a certificate holder's certificate for a period
not to exceed seven (7) years.
(2) Suspension of a certificate holder's certificate for a period
not 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 holder
in 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 penalty
within the time specified by the department of homeland
security, the department of homeland security may suspend
the certificate holder's certificate without additional
proceedings.
(6) Placement of a certificate holder on probation status and
requirement of the certificate holder to:
(A) report regularly to the department of homeland security
upon the matters that are the basis of probation;
(B) limit practice to those areas prescribed by the department
of homeland security;
(C) continue or renew professional education approved by
the department of homeland security until a satisfactory
degree of skill has been attained in those areas that are the
basis of the probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department of homeland security considers appropriate
to the public interest or to the rehabilitation or treatment of
the certificate holder.
The department of homeland security may withdraw or modify
this probation if the department of homeland security finds after
a hearing that the deficiency that required disciplinary action is
remedied or that changed circumstances warrant a modification
of the order.
(c) If an applicant or a certificate holder has engaged in or
knowingly cooperated in fraud or material deception to obtain a
certificate, including cheating on the certification examination, the
department of homeland security may rescind the certificate if it has
been granted, void the examination or other fraudulent or deceptive
material, and prohibit the applicant from reapplying for the
certificate for a length of time established by the department of
homeland security.
(d) The department of homeland security may deny certification
to an applicant who would be subject to disciplinary sanctions under
subsection (b) if that person were a certificate holder, has had
disciplinary action taken against the applicant or the applicant's
certificate to practice in another state or jurisdiction, or has practiced
without a certificate in violation of the law. A certified copy of the
record of disciplinary action is conclusive evidence of the other
jurisdiction's disciplinary action.
(e) The department of homeland security may order a certificate
holder to submit to a reasonable physical or mental examination if
the certificate holder's physical or mental capacity to practice safely
and competently is at issue in a disciplinary proceeding. Failure to
comply with a department of homeland security order to submit to a
physical or mental examination makes a certificate holder liable to
temporary suspension under subsection (i).
(f) Except as provided under subsection (a), subsection (g), and
section 14.5 of this chapter, a certificate may not be denied, revoked,
or suspended because the applicant or certificate holder has been
convicted of an offense. The acts from which the applicant's or
certificate holder's conviction resulted may be considered as to
whether the applicant or certificate holder should be entrusted to
serve the public in a specific capacity.
(g) The department of homeland security may deny, suspend, or
revoke a certificate issued under this article if the individual who
holds or is applying for the certificate is convicted of any of the
following:
(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 under
IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, or hashish as a Class D
felony under IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, and
prescription forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (10).
(13) An offense in any other jurisdiction in which the elements
of the offense for which the conviction was entered are
substantially similar to the elements of an offense described by
subdivisions (1) through (12).
(h) A decision of the department of homeland security under
subsections (b) through (g) may be appealed to the commission under
IC 4-21.5-3-7.
(i) The department of homeland security may temporarily suspend
a certificate holder's certificate under IC 4-21.5-4 before a final
adjudication or during the appeals process if the department of
homeland security finds that a certificate holder would represent a
clear and immediate danger to the public's health, safety, or property
if the certificate holder were allowed to continue to practice.
(j) On receipt of a complaint or information alleging that a person
certified under this chapter or IC 16-31-3.5 has engaged in or is
engaging in a practice that is subject to disciplinary sanctions under
this chapter, the department of homeland security must initiate an
investigation against the person.
(k) The department of homeland security shall conduct a
factfinding investigation as the department of homeland security
considers proper in relation to the complaint.
(l) The department of homeland security may reinstate a
certificate that has been suspended under this section if the
department of homeland security is satisfied that the applicant is able
to practice with reasonable skill, competency, and safety to the
public. As a condition of reinstatement, the department of homeland
security may impose disciplinary or corrective measures authorized
under this chapter.
(m) The department of homeland security may not reinstate a
certificate that has been revoked under this chapter.
(n) The department of homeland security must be consistent in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department of homeland security's findings or
orders.
(o) A certificate holder may not surrender the certificate holder's
certificate without the written approval of the department of
homeland security, and the department of homeland security may
impose any conditions appropriate to the surrender or reinstatement
of a surrendered certificate.
(p) For purposes of this section, "certificate holder" means a
person 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 of
drug offenses or crimes of violence
Sec. 14.5. The department of homeland security may issue an
order under IC 4-21.5-3-6 to deny an applicant's request for
certification or permanently revoke a certificate under procedures
provided by section 14 of this chapter if the individual who holds the
certificate issued under this title is convicted of any of the following:
(1) Dealing in or manufacturing cocaine or a narcotic drug
under 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 under
IC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(5) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(6) Dealing in a substance represented to be a controlled
substance 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 controlled
substance 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 under
IC 35-48-4-10(b).
(10) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (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 elements
of the offense for which the conviction was entered are
substantially similar to the elements of an offense described
under 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 and
identifies 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 by
IC 10-19-2-1 may issue an order to a person who has practiced
without a certificate in violation of this article imposing a civil
penalty of not more than five hundred dollars ($500) per occurrence.
(b) A decision of the department of homeland security under
subsection (a) may be appealed to the commission under
IC 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 life
support. 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 that
promote the orderly development of advanced life support services
in Indiana. The rules must include the following:
(1) Requirements and procedures for the certification of
provider organizations, paramedics, emergency medical
technicians-intermediate, and supervising hospitals.
(2) Rules governing the operation of advanced life support
services, including the medications and procedures that may be
administered 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 paramedic
or a certified emergency medical technician-intermediate may
perform advanced life support in an emergency according to the rules
of the commission.
(b) Notwithstanding any other law, a person may, during a course
of instruction in advanced life support, perform advanced life support
according 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 does
not apply to the following:
(1) A licensed physician.
(2) A registered nurse or an individual acting under the
supervision of a licensed physician.
(3) A person providing health care in a hospital or an
ambulatory outpatient surgical center licensed under IC 16-21.
(b) A person may not furnish, operate, conduct, maintain, or
advertise advanced life support as a part of the regular course of
doing business unless the person holds a valid certificate or
provisional certificate issued by the commission to provide advanced
life support.
(c) A:
(1) licensed physician;
(2) registered nurse or an individual acting under the
supervision of a licensed physician; or
(3) person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
who operates a business of operating an emergency ambulance
service that provides advanced life support must hold a valid
certificate issued by the commission under this chapter.
(d) A person who violates this section commits a Class C
misdemeanor. Each day of continued violation of this section is a
separate 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 medical
technician-basic advanced who is certified under this article may
administer epinephrine through an auto-injector to an individual who
is 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.
