Ind. Code § 10-19-3-1 Appointment
Sec. 1. The governor shall appoint an individual to be the executive director of the department.
As added by P.L.22-2005, SEC.17.
Ind. Code ch. 10-19-3
Ind. Code ch. 10-19-3
in effectInd. Code § 10-19-3-2 Service; compensation
Sec. 2. The executive director:
(1) serves at the governor's pleasure; and
(2) is entitled to receive compensation in an amount set by the governor.
As added by P.L.22-2005, SEC.17.
Ind. Code § 10-19-3-3 Duties
Sec. 3. The executive director shall do the following:
(1) Serve as the chief executive and administrative officer of the department.
(2) Serve as the director of the council.
(3) Administer the application for, and disbursement of, federal and state homeland security money for all Indiana state and local governments.
(4) Develop a single strategic plan for preparing and responding to homeland security emergencies in consultation with the council.
(5) Serve as the state coordinating officer under federal law for all matters relating to emergency and disaster mitigation, preparedness, response, and recovery.
(6) Use and allocate the services, facilities, equipment, personnel, and resources of any state agency, on the governor's behalf, as is reasonably necessary in the preparation for, response to, or recovery from an emergency or disaster situation that threatens or has occurred in Indiana.
(7) Develop a plan to protect key state assets and public infrastructure from a disaster or terrorist attack.
(8) Partner with state agencies, including the Indiana department of health and state educational institutions, to develop public safety education and outreach programs.
(9) Appoint an individual to serve as the state emergency medical services medical director as provided in section 3.5 of this chapter.
(10) Carry out the provisions of IC 10-19-12.
As added by P.L.22-2005, SEC.17. Amended by P.L.101-2006, SEC.18; P.L.27-2010, SEC.4; P.L.43-2020, SEC.1; P.L.187-2021, SEC.11; P.L.28-2022, SEC.1; P.L.56-2023, SEC.76.
Ind. Code § 10-19-3-3.5 Appointment of state emergency medical services medical director; qualifications; duties
Sec. 3.5. (a) For purposes of this section, "EMS" means emergency medical services.
(b) For purposes of this section, "state EMS medical director" refers to the state emergency medical services medical director appointed under subsection (c).
(c) The executive director shall appoint an individual to serve as the state emergency medical services medical director. The individual must have the following qualifications:
(1) Thorough knowledge of state EMS laws and administrative rules and regulations.
(2) At least five (5) years experience in the following:
(A) Medical direction of out of hospital EMS.
(B) Emergency department treatment of acutely ill and injured patients.
(3) Significant experience and familiarity with the following:
(A) The design and operation of statewide EMS systems.
(B) Working with national and other state EMS committees.
(4) At the time of the individual's appointment, has a valid and unrestricted license to practice medicine in Indiana.
(5) Be certified by the American Board of Emergency Medicine.
(6) Other areas of knowledge and expertise that the executive director determines essential.
The state EMS medical director shall be an employee of the department.
(d) The executive director shall submit the name of the individual whom the executive director would like to appoint as state EMS medical director to the Indiana emergency medical services commission created by IC 16-31-2-1. The commission may, by a majority of the members, vote not later than thirty (30) days after the submission on whether to approve the appointment. If the commission:
(1) does not take any action; or
(2) by a majority of the commission votes to approve the appointment of the individual;
not later than thirty (30) days after, the appointment shall become effective. If a majority of the commission votes not later than thirty (30) days after the submission of the appointment to not approve the appointment, the executive director shall restart the appointment process and submit an alternative individual for appointment.
(e) The state EMS medical director shall oversee all pre-hospital aspects of the statewide EMS system, including the following:
(1) Medical components for systems of care that interface or integrate with the statewide EMS system, including the following:
(A) Statewide planning for trauma, burn, cardiac, and stroke care.
(B) Domestic preparedness.
(C) EMS for children.
(2) For all levels of emergency responders, establishment of the following:
(A) Statewide model guidelines and best practices for all patient care activities to ensure delivery of medical care consistent with professionally recognized standards.
(B) A statewide EMS continuous quality improvement program.
(C) A statewide EMS advocacy program.
(3) In cooperation with appropriate state and local agencies, training and certification of all EMS providers.
(f) The state EMS medical director shall assist the executive director on all issues related to statewide EMS, including the following:
(1) Consulting with EMS medical directors.
(2) In consultation with the Indiana emergency medical services commission created by IC 16-31-2-1, providing guidance and assistance on the following matters:
(A) Scope of practice for EMS providers.
(B) Restrictions placed on EMS certifications.
(C) Appropriate corrective and disciplinary actions for EMS personnel.
(D) Education and training on emerging issues in EMS.
(3) EMS system research.
(4) Coordination of all medical activities for disaster planning and response.
(5) Improving quality of care, research, and injury prevention programs.
(6) Partnering with state agencies, including the Indiana department of health and state educational institutions, to develop public safety education and outreach programs.
As added by P.L.187-2021, SEC.12. Amended by P.L.56-2023, SEC.77.
Ind. Code § 10-19-3-4 Appointment of employees
Sec. 4. The executive director may appoint employees in the manner provided by IC 4-15-2.2 and fix their compensation, subject to the approval of the budget agency under IC 4-12-1-13.
As added by P.L.22-2005, SEC.17. Amended by P.L.6-2012, SEC.73.
Ind. Code § 10-19-3-5 Delegation of authority
Sec. 5. The executive director may delegate the executive director's authority to the appropriate department staff.
As added by P.L.22-2005, SEC.17.
Ind. Code § 10-19-3-6 Ultimate authority for administrative proceedings
Sec. 6. Except as provided in IC 4-21.5-1-15, for purposes of IC 4-21.5, the office of administrative law proceedings is the ultimate authority for the department.
As added by P.L.22-2005, SEC.17. Amended by P.L.92-2025, SEC.9.
Ind. Code § 10-19-3-7 Adoption of rules; exceptions
Sec. 7. (a) Except as provided in this section, for purposes of IC 4-22-2, the executive director is the authority that adopts rules for the department.
(b) The Indiana emergency medical services commission is the authority that adopts rules under IC 16-31.
(c) Except as provided in subsection (d), the fire prevention and building safety commission is the authority that adopts rules under any of the following:
(1) IC 22-11.
(2) IC 22-12.
(3) IC 22-13.
(4) IC 22-14.
(5) IC 22-15.
(d) The board of firefighting personnel standards and education is the authority that adopts rules under IC 22-14-2-7(c)(7) and IC 36-8-10.5.
(e) The executive director may adopt rules governing:
(1) emergency action plans; or
(2) emergency response plans;
for outdoor performances (as defined in IC 22-12-1-17.5) where outdoor event equipment (as defined in IC 22-12-1-17.7) is used.
As added by P.L.22-2005, SEC.17. Amended by P.L.142-2013, SEC.1; P.L.171-2019, SEC.2; P.L.249-2019, SEC.8; P.L.156-2020, SEC.50.
Ind. Code § 10-19-3-8 Variances to rules governing state disaster relief fund
Sec. 8. (a) The executive director may grant a variance to a rule governing the state disaster relief fund under 290 IAC 1. A variance granted under this section must promote the effective and expeditious distribution of relief assistance.
(b) The executive director may grant a variance to a rule under subsection (a) if an applicant for financial assistance under 290 IAC 1-1 or 290 IAC 1-2 does the following:
(1) Submits to the executive director a written or electronic request for the variance in the form and manner specified by the executive director.
(2) Documents that compliance with the rule specified in the application for the variance will create an undue hardship on the applicant, as determined by the executive director.
(3) Documents that the applicant for the variance will be in substantial compliance with 290 IAC 1-1 or 290 IAC 1-2, as applicable, after the variance is granted, as determined by the executive director.
(4) Documents that noncompliance with the rule specified in the application for a variance will not be adverse to public health and safety or the purposes of the fund, as determined by the executive director.
(c) A variance granted under subsection (b) must be conditioned upon compliance with the alternative method approved by the executive director. Noncompliance with the alternative method constitutes the violation of a rule of the executive director and may be the basis for revoking the variance.
As added by P.L.45-2012, SEC.2. Amended by P.L.57-2020, SEC.6.
Ind. Code § 10-19-3-9 Expiration of rule variances
Sec. 9. A variance granted under section 8 of this chapter expires on the earlier of the following:
(1) The date set by the executive director for the expiration of the variance.
(2) The occurrence of an event set by the executive director for the expiration of the variance.
As added by P.L.45-2012, SEC.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/10Fetched: 10/17/2026