Introduced Version
HOUSE BILL No. 1158
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-10-8-7.3; IC 12-7-2-137.7; IC 12-8-2.5-3;
IC 12-9-4; IC 12-11-15.5; IC 12-15; IC 12-28-5; IC 16-18-2; IC 16-41;
IC 16-42-19-5; IC 21-38-6-1; IC 25-22.5-1-2; IC 25-26; IC 27-1;
IC 27-8; IC 27-13-7-28; IC 27-19-5; IC 34-18-2-14; IC 34-30;
IC 34-46-2-10; IC 35-48-1-24; IC 35-52-16.
Synopsis: Various health and human services matters. Allows an
advanced practice registered nurse to sign certain individualized family
service plans. Changes the composition and duties of the division of the
disability and rehabilitative services advisory council. Requires the
services for individuals with intellectual and other developmental
disabilities task force to establish a subcommittee to make
recommendations to the task force regarding: (1) ways to minimize
health and safety risks of individuals with intellectual and
developmental disabilities; and (2) the feasibility of the division
establishing a pilot program to create special service review teams to
assist families or individuals in a crisis situation to identify available
resources and sources of assistance. Provides that a pharmacist may be
reimbursed for health care services that are eligible Medicaid claims.
Requires that a pharmacist be reimbursed for Medicaid covered
services at a federally qualified health center or rural health clinic.
Modifies provisions concerning records and information about the
human immunodeficiency virus (HIV) and acquired immune deficiency
syndrome. Repeals provisions concerning the following: (1) Reports to
a health officer about a person who is believed to be a serious and
present risk to the health of others. (2) Physician notification to: (A) a
patient with a serious communicable disease; (B) a health officer; and
(C) a person at risk. Requires the board of pharmacy to adopt
emergency rules concerning the preparation, dispensing, and
(Continued next page)
Effective: Upon passage; July 1, 2022.
Clere, Olthoff, Davisson J.,
Shackleford
January 6, 2022, read first time and referred to Committee on Public Health.
2022 IN 1158—LS 7067/DI 137 Digest Continued
administration of clinician-administered drugs. Provides that
emergency rules adopted by the board of pharmacy shall remain in
place until final rules regarding clinician-administered drugs become
effective. Excludes pharmacists who are part of a health care
organization from the practice of medicine. Removes the requirement
that a qualifying pharmacist is responsible for the legal operations of
a pharmacy. Specifies responsibilities of pharmacists and pharmacy
managers concerning duties previously responsible by a qualifying
pharmacist. Allows a qualified pharmacy technician to administer
immunizations delegated by the pharmacist. (Current law allows
pharmacy technicians to administer influenza and coronavirus disease
immunizations.) Allows an insurer that issues a policy of accident and
sickness insurance to reimburse a pharmacist for a health care service
provided by the pharmacist. Requires policies of accident and sickness
insurance, health maintenance organization contracts, and pharmacy
benefit managers to permit a covered individual to obtain a
clinician-administered drug from the provider or pharmacy of the
covered individual's choice. Prohibits policies of accident and sickness
insurance, health maintenance organization contracts, and pharmacy
benefit managers from interfering with a covered individual's right to
choose where to obtain a clinician-administered drug through
inducement, steering, or offering financial or other incentives. Requires
the department of state revenue to add to its forms and schedules a box
for a tax filer to check to request further information regarding health
care coverage under a public health insurance program or qualified
health plan. Adds pharmacists to the law concerning immunity for
providing voluntary health care. Repeals certain offenses concerning:
(1) notification, reporting, and investigation related to communicable
diseases; and (2) the donation, sale, or transfer of semen that contains
antibodies for HIV.
2022 IN 1158—LS 7067/DI 1372022 IN 1158—LS 7067/DI 137 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1158
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-10-8-7.3, AS AMENDED BY P.L.133-2020,
2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 7.3. (a) As used in this section, "covered
4 individual" means an individual who is:
5 (1) covered under a self-insurance program established under
6 section 7(b) of this chapter to provide group health coverage; or
7 (2) entitled to services under a contract with a prepaid health care
8 delivery plan that is entered into or renewed under section 7(c) of
9 this chapter.
10 (b) As used in this section, "early intervention services" means
11 services provided to a first steps child under IC 12-12.7-2 and 20
12 U.S.C. 1432(4).
13 (c) As used in this section, "first steps child" means an infant or
14 toddler from birth through two (2) years of age who is enrolled in the
15 Indiana first steps program and is a covered individual.
16 (d) As used in this section, "first steps program" refers to the
17 program established under IC 12-12.7-2 and 20 U.S.C. 1431 et seq. to
2022 IN 1158—LS 7067/DI 137 2
1 meet the needs of:
2 (1) children who are eligible for early intervention services; and
3 (2) their families.
4 The term includes the coordination of all available federal, state, local,
5 and private resources available to provide early intervention services
6 within Indiana.
7 (e) As used in this section, "health benefits plan" means a:
8 (1) self-insurance program established under section 7(b) of this
9 chapter to provide group health coverage; or
10 (2) contract with a prepaid health care delivery plan that is
11 entered into or renewed under section 7(c) of this chapter.
12 (f) A health benefits plan that provides coverage for early
13 intervention services shall reimburse the first steps program a monthly
14 fee established by the division of disability and rehabilitative services
15 established by IC 12-9-1-1. Except when the monthly fee is less than
16 the product determined under IC 12-12.7-2-23(b), the monthly fee shall
17 be provided instead of claims processing of individual claims.
18 (g) The reimbursement required under subsection (f) may not be
19 applied to any annual or aggregate lifetime limit on the first steps
20 child's coverage under the health benefits plan.
21 (h) The first steps program may pay required deductibles,
22 copayments, or other out-of-pocket expenses for a first steps child
23 directly to a provider. A health benefits plan shall apply any payments
24 made by the first steps program to the health benefits plan's
25 deductibles, copayments, or other out-of-pocket expenses according to
26 the terms and conditions of the health benefits plan.
27 (i) A health benefits plan may not require authorization for services
28 specified in the covered individual's individualized family service plan,
29 if those services are a covered benefit under the plan, once the
30 individualized family service plan is signed by a physician or an
31 advanced practice registered nurse.
32 (j) The department of insurance shall adopt rules under IC 4-22-2
33 to ensure compliance with this section.
34 SECTION 2. IC 12-7-2-137.7 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 137.7.
36 "Pharmacist", for purposes of IC 12-15-35, has the meaning set forth
37 in IC 12-15-35-11. IC 12-15, means an individual who is licensed as
38 a pharmacist in Indiana under IC 25-26.
39 SECTION 3. IC 12-8-2.5-3, AS ADDED BY P.L.160-2012,
40 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 3. Unless Except as provided in IC 12-9-4-7, or
42 otherwise provided by a another statute, this chapter applies to the
2022 IN 1158—LS 7067/DI 137 3
1 following:
2 (1) The following advisory councils:
3 (A) The division of disability and rehabilitative services
4 advisory council.
5 (B) The division of family resources advisory council.
6 (C) The division of mental health and addiction advisory
7 council.
8 (2) A body:
9 (A) established by statute for a division; and
10 (B) whose enabling statute makes this chapter applicable to
11 the body.
12 SECTION 4. IC 12-9-4-2, AS AMENDED BY P.L.141-2006,
13 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 2. The division of disability and rehabilitative
15 services advisory council is established to advise and assist the
16 division of disability and rehabilitative services in its effort to
17 develop and sustain a system of supports and services for people
18 with intellectual and developmental disabilities. The council will
19 provide technical expertise and lived experiences and advise on
20 specific areas such as:
21 (1) technology;
22 (2) health;
23 (3) policy;
24 (4) law;
25 (5) marketing;
26 (6) public relations;
27 (7) provider services; and
28 (8) advocacy.
29 SECTION 5. IC 12-9-4-3 IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2022]: Sec. 3. The council consists of the
31 following eleven (11) sixteen (16) members:
32 (1) The director.
33 (2) Ten (10) individuals:
34 (A) appointed by the secretary; and
35 (B) who have a recognized knowledge of or interest in the
36 programs administered by the division.
37 (2) An individual representing The Arc of Indiana, appointed
38 by The Arc of Indiana.
39 (3) An individual representing the Indiana Association of
40 Rehabilitation Facilities (INARF), appointed by INARF.
41 (4) An individual representing the Self-Advocates of Indiana,
42 appointed by the Self-Advocates of Indiana.
2022 IN 1158—LS 7067/DI 137 4
1 (5) A representative of the governor's council for people with
2 disabilities established by IC 4-23-29-7, appointed by the
3 director.
4 (6) A representative of a case management provider
5 contracting with the bureau of developmental disabilities
6 services established by IC 12-11-1.1-1 to provide family
7 supports Medicaid waiver and community integration
8 habilitation Medicaid waiver case management services,
9 appointed by the director.
10 (7) An individual representing the Indiana Association of
11 Behavior Consultants, appointed by the Indiana Association
12 of Behavior Consultants.
13 (8) An individual representing the Indiana Institute on
14 Disability and Community, appointed by the Indiana Institute
15 on Disability and Community.
16 (9) An individual representing the Indiana Resource Center
17 for Families with Special Needs (INSOURCE), appointed by
18 INSOURCE.
19 (10) An individual representing Indiana Disability Rights,
20 appointed by Indiana Disability Rights.
21 (11) An individual representing Indiana Family to Family,
22 appointed by Indiana Family to Family.
23 (12) Two (2) members, appointed by the director, each of
24 whom is an individual with an intellectual or other
25 developmental disability.
26 (13) Two (2) members, appointed by the director, each of
27 whom is an immediate or extended family member of an
28 individual with an intellectual or other developmental
29 disability.
30 (14) One (1) member, appointed by the director, who is
31 employed by an agency that provides services to people with
32 intellectual or other developmental disabilities.
33 SECTION 6. IC 12-9-4-4, AS AMENDED BY P.L.160-2012,
34 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 4. Each member of the council appointed under
36 section 3(2) through 3(14) of this chapter has a fixed term as provided
37 in IC 12-8-2.5-4. serves at the will of the appointing authority.
38 SECTION 7. IC 12-9-4-6 IS AMENDED TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2022]: Sec. 6. The council shall meet at least
40 monthly six (6) times annually and is subject to special meetings at the
41 call of its presiding officer.
42 SECTION 8. IC 12-9-4-6.5 IS ADDED TO THE INDIANA CODE
2022 IN 1158—LS 7067/DI 137 5
1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2 1, 2022]: Sec. 6.5. (a) The division shall provide the council with a
3 quarterly report containing the following information relating to
4 Medicaid waivers:
5 (1) The number of current applications for an emergency
6 placement priority waiver.
7 (2) The number of individuals served on a particular
8 Medicaid waiver.
9 (3) The number of individuals who are currently on a wait list
10 to be included in a Medicaid waiver.
11 (b) The division shall provide the council with a quarterly
12 report containing the following information relating to vocational
13 rehabilitation services:
14 (1) A status report of the division's effort to fill vocational
15 counselor vacancies.
16 (2) A status report of the order of selection.
17 (3) The number of individuals who submitted applications for
18 vocational rehabilitation services.
19 (4) The number of individuals who are currently on a wait list
20 to obtain vocational rehabilitation services.
21 (5) The number of individuals who are currently receiving
22 vocational rehabilitation services.
23 (c) The division shall provide the council with an annual report
24 summarizing any rate analysis, study, or review conducted by the
25 division.
26 (d) The division shall report to the council prior to any
27 submission of a Medicaid waiver amendment regarding the
28 changes being sought and an explanation of purpose.
29 (e) The division shall report to the council prior to any
30 submission for a renewal of a Medicaid waiver:
31 (1) any changes being proposed to the Medicaid waiver;
32 (2) the current and projected needs of each geographic area
33 of Indiana for residential services for individuals with
34 intellectual or developmental disabilities; and
35 (3) the availability of developmental or vocational services to
36 individuals with an intellectual or developmental disability
37 living in their own home.
38 SECTION 9. IC 12-9-4-7, AS AMENDED BY P.L.160-2012,
39 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 7. IC 12-8-2.5 applies IC 12-8-2.5-9 through
41 IC 12-8-2.5-11.5 apply to the council.
42 SECTION 10. IC 12-11-15.5-4.5 IS ADDED TO THE INDIANA
2022 IN 1158—LS 7067/DI 137 6
1 CODE AS A NEW SECTION TO READ AS FOLLOWS
2 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) The task force shall
3 establish a subcommittee to make recommendations to the task
4 force regarding the:
5 (1) establishment of a statewide training curriculum for
6 individuals who provide services to individuals with an
7 intellectual or other developmental disability;
8 (2) feasibility of establishing training certification;
9 (3) establishment of a statewide training registry; and
10 (4) feasibility of a pilot project to implement any
11 recommendations made under this section.
12 (b) Not later than September 1, 2022, the subcommittee shall
13 prepare and submit to the task force recommendations made by
14 the subcommittee.
15 (c) This section expires January 1, 2024.
16 SECTION 11. IC 12-11-15.5-4.6 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
18 [EFFECTIVE UPON PASSAGE]: Sec. 4.6. (a) The task force shall
19 establish a subcommittee to make recommendations to the task
20 force regarding:
21 (1) current trends related to health and safety requests for the
22 community integration habilitation Medicaid waiver or any
23 other service; and
24 (2) the feasibility of the division establishing a pilot program
25 to create special service review teams to assist families or
26 individuals in a crisis situation to identify available resources
27 and sources of assistance.
28 (b) Not later than September 1, 2022, the subcommittee shall
29 prepare and submit to the task force recommendations made by
30 the subcommittee.
31 (c) This section expires January 1, 2024.
32 SECTION 12. IC 12-15-5-22 IS ADDED TO THE INDIANA
33 CODE AS A NEW SECTION TO READ AS FOLLOWS
34 [EFFECTIVE UPON PASSAGE]: Sec. 22. (a) As used in this section,
35 "office" includes the following:
36 (1) The office of the secretary of family and social services.
37 (2) A managed care organization that has contracted with the
38 office of Medicaid policy and planning under this article.
39 (3) A person that has contracted with a managed care
40 organization described in subdivision (2).
41 (b) The office may reimburse eligible Medicaid claims for a
42 health care service provided by a pharmacist if the services are a
2022 IN 1158—LS 7067/DI 137 7
1 part of the pharmacist's scope of practice.
2 (c) This section may not be construed to expand a pharmacist's
3 scope of practice.
4 (d) The office of the secretary shall apply to the United States
5 Department of Health and Human Services for any amendment to
6 the state Medicaid plan or for any Medicaid waiver necessary to
7 implement this section. The office shall submit the Medicaid state
8 plan amendment not later than July 1, 2022.
9 (e) The office shall adopt rules under IC 4-22-2 to implement
10 this section.
11 SECTION 13. IC 12-15-13-9, AS AMENDED BY P.L.103-2020,
12 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 UPON PASSAGE]: Sec. 9. (a) Subject to subsection (b), the office
14 shall reimburse the following providers if the providers are providing
15 Medicaid covered services at a federally-qualified health center (as
16 defined in 42 U.S.C. 1396d(l)(2)(B)) or a rural health clinic (as defined
17 in 42 U.S.C. 1396d(l)(1)) within the provider's scope of practice:
18 (1) A clinical social worker licensed under IC 25-23.6-5.
19 (2) A marriage and family therapist licensed under IC 25-23.6-8.
20 (3) A mental health counselor licensed under IC 25-23.6-8.5.
21 (4) A clinical addiction counselor licensed under IC 25-23.6-10.5.
22 (5) A pharmacist licensed under IC 25-26.
23 (b) By July 1, 2020, 2022, the office shall apply to the United States
24 Department of Health and Human Services to amend the state
25 Medicaid plan to include reimbursement described in subsection (a).
26 The office may not implement the reimbursement under subsection (a)
27 until the office has obtained approval for the Medicaid state plan
28 amendment requested under this subsection.
29 SECTION 14. IC 12-15-35-11 IS REPEALED [EFFECTIVE JULY
30 1, 2022]. Sec. 11. As used in this chapter, "pharmacist" means an
31 individual who is licensed as a pharmacist in Indiana under IC 25-26.
32 SECTION 15. IC 12-28-5-10, AS AMENDED BY P.L.210-2015,
33 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 10. The division of disability and rehabilitative
35 services shall do the following:
36 (1) Determine the current and projected needs of each geographic
37 area of Indiana for residential services for individuals with a
38 developmental disability and, beginning July 1, 2012, annually
39 report the findings to the division of disability and rehabilitative
40 services advisory council established by IC 12-9-4-2.
41 (2) Determine how the provision of developmental or vocational
42 services for residents in these geographic areas affects the
2022 IN 1158—LS 7067/DI 137 8
1 availability of developmental or vocational services to individuals
2 with a developmental disability living in their own homes and,
3 beginning July 1, 2012, report the findings to the division of
4 disability and rehabilitative services advisory council established
5 by IC 12-9-4-2.
6 (3) (1) Develop standards for licensure of supervised group living
7 facilities regarding the following:
8 (A) A sanitary and safe environment for residents and
9 employees.
10 (B) Classification of supervised group living facilities.
11 (C) Any other matters that will ensure that the residents will
12 receive a residential environment.
13 (4) (2) Develop standards for the approval of entities providing
14 supported living services.
15 SECTION 16. IC 12-28-5-12, AS AMENDED BY P.L.210-2015,
16 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 12. (a) The division may license only those
18 supervised group living facilities that:
19 (1) meet the standards established under section 10 of this
20 chapter; and
21 (2) are necessary to provide adequate services to individuals with
22 a developmental disability in that geographic area.
23 (b) Notwithstanding 460 IAC 9-3-7(c) and 460 IAC 9-3-7(d), the
24 division shall license one (1) supervised group living facility that is
25 located less than one thousand (1,000) feet from another supervised
26 group living facility or a sheltered workshop under the following
27 conditions:
28 (1) Both of the supervised group living facilities meet all
29 standards for licensure as provided in section 10(3) 10(1) of this
30 chapter.
31 (2) Both of the supervised group living facilities are built on land
32 that is owned by one (1) private entity.
33 (3) The supervised group living facilities provides job
34 opportunities for residents of the supervised group living
35 facilities, as appropriate.
36 (c) The division may approve an entity to provide supported living
37 services only if the entity meets the standards established under section
38 10 of this chapter.
39 SECTION 17. IC 16-18-2-163, AS AMENDED BY P.L.50-2021,
40 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 163. (a) Except as provided in subsection (c),
42 "health care provider", for purposes of IC 16-21 and IC 16-41, means
2022 IN 1158—LS 7067/DI 137 9
1 any of the following:
2 (1) An individual, a partnership, a corporation, a professional
3 corporation, a facility, or an institution licensed or legally
4 authorized by this state to provide health care or professional
5 services as a licensed physician, a psychiatric hospital, a hospital,
6 a health facility, an emergency ambulance service (IC 16-31-3),
7 a dentist, a registered or licensed practical nurse, a midwife, an
8 optometrist, a pharmacist, a podiatrist, a chiropractor, a physical
9 therapist, a respiratory care practitioner, an occupational therapist,
10 a psychologist, a paramedic, an emergency medical technician, an
11 advanced emergency medical technician, an athletic trainer, or a
12 person who is an officer, employee, or agent of the individual,
13 partnership, corporation, professional corporation, facility, or
14 institution acting in the course and scope of the person's
15 employment.
16 (2) A college, university, or junior college that provides health
17 care to a student, a faculty member, or an employee, and the
18 governing board or a person who is an officer, employee, or agent
19 of the college, university, or junior college acting in the course
20 and scope of the person's employment.
21 (3) A blood bank, community mental health center, community
22 intellectual disability center, community health center, or migrant
23 health center.
24 (4) A home health agency (as defined in IC 16-27-1-2).
25 (5) A health maintenance organization (as defined in
26 IC 27-13-1-19).
27 (6) A health care organization whose members, shareholders, or
28 partners are health care providers under subdivision (1).
29 (7) A corporation, partnership, or professional corporation not
30 otherwise qualified under this subsection that:
31 (A) provides health care as one (1) of the corporation's,
32 partnership's, or professional corporation's functions;
33 (B) is organized or registered under state law; and
34 (C) is determined to be eligible for coverage as a health care
35 provider under IC 34-18 for the corporation's, partnership's, or
36 professional corporation's health care function.
37 Coverage for a health care provider qualified under this subdivision is
38 limited to the health care provider's health care functions and does not
39 extend to other causes of action.
40 (b) "Health care provider", for purposes of IC 16-35, has the
41 meaning set forth in subsection (a). However, for purposes of IC 16-35,
42 the term also includes a health facility (as defined in section 167 of this
2022 IN 1158—LS 7067/DI 137 10
1 chapter).
2 (c) "Health care provider", for purposes of IC 16-32-5, IC 16-36-5,
3 IC 16-36-6, and IC 16-41-10 means an individual licensed or
4 authorized by this state to provide health care or professional services
5 as:
6 (1) a licensed physician;
7 (2) a registered nurse;
8 (3) a licensed practical nurse;
9 (4) an advanced practice registered nurse;
10 (5) a certified nurse midwife;
11 (6) a paramedic;
12 (7) an emergency medical technician;
13 (8) an advanced emergency medical technician;
14 (9) an emergency medical responder, as defined by section 109.8
15 of this chapter;
16 (10) a licensed dentist;
17 (11) a home health aide, as defined by section 174 of this chapter;
18 or
19 (12) a licensed physician assistant; or
20 (13) or a licensed pharmacist.
21 The term includes an individual who is an employee or agent of a
22 health care provider acting in the course and scope of the individual's
23 employment.
24 (d) "Health care provider", for purposes of IC 16-36-7, has the
25 meaning set forth in IC 16-36-7-12.
26 (e) "Health care provider", for purposes of section 1.5 of this chapter
27 and IC 16-40-4, means any of the following:
28 (1) An individual, a partnership, a corporation, a professional
29 corporation, a facility, or an institution licensed or authorized by
30 the state to provide health care or professional services as a
31 licensed physician, a psychiatric hospital, a hospital, a health
32 facility, an emergency ambulance service (IC 16-31-3), an
33 ambulatory outpatient surgical center, a dentist, an optometrist, a
34 pharmacist, a podiatrist, a chiropractor, a psychologist, or a
35 person who is an officer, employee, or agent of the individual,
36 partnership, corporation, professional corporation, facility, or
37 institution acting in the course and scope of the person's
38 employment.
39 (2) A blood bank, laboratory, community mental health center,
40 community intellectual disability center, community health
41 center, or migrant health center.
42 (3) A home health agency (as defined in IC 16-27-1-2).
2022 IN 1158—LS 7067/DI 137 11
1 (4) A health maintenance organization (as defined in
2 IC 27-13-1-19).
3 (5) A health care organization whose members, shareholders, or
4 partners are health care providers under subdivision (1).
5 (6) A corporation, partnership, or professional corporation not
6 otherwise specified in this subsection that:
7 (A) provides health care as one (1) of the corporation's,
8 partnership's, or professional corporation's functions;
9 (B) is organized or registered under state law; and
10 (C) is determined to be eligible for coverage as a health care
11 provider under IC 34-18 for the corporation's, partnership's, or
12 professional corporation's health care function.
13 (7) A person that is designated to maintain the records of a person
14 described in subdivisions (1) through (6).
15 (f) "Health care provider", for purposes of IC 16-45-4, has the
16 meaning set forth in 47 CFR 54.601(a).
17 SECTION 18. IC 16-18-2-275 IS AMENDED TO READ AS
18 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 275. (a) "Person at
19 risk", for purposes of IC 16-41-7-4, has the meaning set forth in
20 IC 16-41-7-4(a).
21 (b) "Person at risk", for purposes of IC 16-41-7-1, and IC 16-41-7-3,
22 has the meaning set forth in IC 16-41-7-1(c).
23 SECTION 19. IC 16-18-2-328, AS AMENDED BY P.L.112-2020,
24 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 328. "Serious and present risk to the health of
26 others", for purposes of IC 16-41-7 and IC 16-41-9, has the meaning set
27 forth in IC 16-41-7-2. means an individual with a communicable
28 disease who meets the following conditions:
29 (1) The individual with a communicable disease engages
30 repeatedly in a behavior that has been demonstrated
31 epidemiologically (as defined by rules adopted by the state
32 department under IC 4-22-2) to transmit a serious
33 communicable disease or that indicates a careless disregard
34 for the transmission of the disease to others.
35 (2) The individual with a communicable disease's past
36 behavior or statements indicate an imminent risk that the
37 individual with a communicable disease will engage in
38 behavior that transmits a serious communicable disease to
39 others.
40 (3) The individual with a communicable disease has failed or
41 refused to carry out the individual with a communicable
42 disease's duty to inform under IC 16-41-7-1.
2022 IN 1158—LS 7067/DI 137 12
1 SECTION 20. IC 16-41-1-5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2022]: Sec. 5. Local health officers may submit advisory
4 guidelines to the state department to implement this chapter. The
5 state department shall fully consider such advisory guidelines
6 before adopting a rule under IC 4-22-2-29 implementing this
7 chapter.
8 SECTION 21. IC 16-41-2-3 IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The following
10 persons shall report to the state department each case of human
11 immunodeficiency virus (HIV) infection, including each confirmed
12 case of acquired immune deficiency syndrome (AIDS):
13 (1) A licensed physician.
14 (2) A hospital licensed under IC 16-21.
15 (3) A medical laboratory.
16 (4) The department of correction.
17 The report must comply with rules adopted by the state department.
18 (b) The records of the state department must indicate, if known:
19 (1) whether the individual had undergone any blood transfusions
20 before being diagnosed as having AIDS or HIV or AIDS
21 infection;
22 (2) the place the transfusions took place;
23 (3) the blood center that furnished the blood; and
24 (4) any other known risk factors.
25 (c) A case report concerning HIV infection that does not involve a
26 confirmed case of AIDS submitted to the state department under this
27 section that involves an individual:
28 (1) enrolled in a formal research project for which a written study
29 protocol has been filed with the state department;
30 (2) who is tested anonymously at a designated counseling or
31 testing site; or
32 (3) who is tested by a health care provider permitted by rule by
33 the state department to use a number identifier code;
34 may not include the name or other identifying characteristics of the
35 individual tested.
36 SECTION 22. IC 16-41-2-5 IS AMENDED TO READ AS
37 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. A person who
38 reports information as required by this chapter does not satisfy the
39 duties that exist under IC 16-41-7-3 or in other laws to provide
40 notification to persons identified as being at significant risk of being
41 infected by the individual who is the subject of the report.
42 SECTION 23. IC 16-41-3-1, AS AMENDED BY P.L.112-2020,
2022 IN 1158—LS 7067/DI 137 13
1 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2022]: Sec. 1. (a) The state department may adopt rules under
3 IC 4-22-2 concerning the compilation for statistical purposes of
4 information collected under IC 16-41-2.
5 (b) The state department shall adopt procedures to gather, monitor,
6 and tabulate case reports of incidents involving serious communicable
7 diseases or unnatural outbreaks of diseases known or suspected to be
8 used as weapons. The state department shall specifically engage in
9 medical surveillance, tabulation, and reporting of confirmed or
10 suspected cases set forth by the Centers for Disease Control and
11 Prevention of the United States Department of Health and Human
12 Services and the United States Public Health Service of the United
13 States Department of Health and Human Services.
14 (c) The state department shall notify the:
15 (1) department of homeland security;
16 (2) Indiana State Police; and
17 (3) county health department and local law enforcement agency
18 having jurisdiction of each unnatural outbreak or reported case
19 described in subsection (b);
20 as soon as possible after the state department receives a report under
21 subsection (b). Notification under this subsection must be made not
22 more than twenty-four (24) hours after receiving a report.
23 (d) Local health officers may submit advisory guidelines to the
24 state department to implement this chapter. The state department
25 shall fully consider such advisory guidelines before adopting a rule
26 under IC 4-22-2-29 implementing this chapter.
27 SECTION 24. IC 16-41-5-4 IS ADDED TO THE INDIANA CODE
28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
29 1, 2022]: Sec. 4. Local health officers may submit advisory
30 guidelines to the state department to implement this chapter. The
31 state department shall fully consider such advisory guidelines
32 before adopting a rule under IC 4-22-2-29 implementing this
33 chapter.
34 SECTION 25. IC 16-41-6-11, AS AMENDED BY P.L.112-2020,
35 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 11. (a) The state department shall adopt rules
37 under IC 4-22-2 that include procedures:
38 (1) to inform the woman of the test results under this chapter,
39 whether they are positive or negative;
40 (2) for explaining the side effects of any treatment for HIV if the
41 test results under this chapter are positive; and
42 (3) to establish a process for a woman who tests positive under
2022 IN 1158—LS 7067/DI 137 14
1 this chapter to appeal the woman's status on a waiting list on a
2 treatment program for which the woman is eligible. The rule
3 must:
4 (A) include a requirement that the state department make a
5 determination in the process described in this subdivision not
6 later than seventy-two (72) hours after the state department
7 receives all the requested medical information; and
8 (B) set forth the necessary medical information that must be
9 provided to the state department and reviewed by the state
10 department in the process described in this subdivision.
11 (b) The state department shall maintain rules under IC 4-22-2 that
12 set forth standards to provide to women who are pregnant, before
13 delivery, at delivery, and after delivery, information concerning HIV.
14 The rules must include:
15 (1) an explanation of the nature of AIDS and HIV;
16 (2) information concerning discrimination and legal protections;
17 (3) information concerning the duty to notify persons at risk as
18 described in IC 16-41-7-1;
19 (4) information about risk behaviors for HIV transmission;
20 (5) information about the risk of transmission through breast
21 feeding;
22 (6) notification that if the woman chooses not to be tested for HIV
23 before delivery, at delivery the child will be tested subject to
24 section 4 of this chapter;
25 (7) procedures for obtaining informed, written consent for testing
26 under this chapter;
27 (8) procedures for post-test counseling by a health care provider
28 when the test results are communicated to the woman, whether
29 the results are positive or negative;
30 (9) procedures for referral for physical and emotional services if
31 the test results are positive;
32 (10) procedures for explaining the importance of immediate entry
33 into medical care if the test results are positive; and
34 (11) procedures for explaining that the use of antiretroviral drugs
35 and other medical interventions lessen the likelihood of
36 transmitting HIV to the child during childbirth.
37 SECTION 26. IC 16-41-7-2 IS REPEALED [EFFECTIVE JULY 1,
38 2022]. Sec. 2. (a) An individual with a communicable disease is a
39 "serious and present risk to the health of others" under the following
40 conditions:
41 (1) The individual with a communicable disease engages
42 repeatedly in a behavior that has been demonstrated
2022 IN 1158—LS 7067/DI 137 15
1 epidemiologically (as defined by rules adopted by the state
2 department under IC 4-22-2) to transmit a serious communicable
3 disease or that indicates a careless disregard for the transmission
4 of the disease to others.
5 (2) The individual with a communicable disease's past behavior
6 or statements indicate an imminent risk that the individual with
7 a communicable disease will engage in behavior that transmits a
8 serious communicable disease to others.
9 (3) The individual with a communicable disease has failed or
10 refused to carry out the individual with a communicable disease's
11 duty to inform under section 1 of this chapter.
12 (b) A person who has reasonable cause to believe that a person:
13 (1) is a serious and present risk to the health of others as
14 described in subsection (a);
15 (2) has engaged in noncompliant behavior; or
16 (3) is suspected of being a person at risk (as described in section
17 1 of this chapter);
18 may report that information to a health officer.
19 (c) A person who makes a report under subsection (b) in good faith
20 is not subject to liability in a civil, an administrative, a disciplinary, or
21 a criminal action.
22 (d) A person who knowingly or recklessly makes a false report
23 under subsection (b) is civilly liable for actual damages suffered by a
24 person reported on and for punitive damages.
25 SECTION 27. IC 16-41-7-3 IS REPEALED [EFFECTIVE JULY 1,
26 2022]. Sec. 3. (a) A licensed physician who diagnoses, treats, or
27 counsels a patient with a serious communicable disease shall inform
28 the patient of the patient's duty under section 1 of this chapter.
29 (b) A physician described in subsection (a) may notify the
30 following:
31 (1) A health officer if the physician has reasonable cause to
32 believe that a patient:
33 (A) is a serious and present risk to the health of others as
34 described in section 2(a) of this chapter;
35 (B) has engaged in noncompliant behavior; or
36 (C) is suspected of being a person at risk (as defined in section
37 1 of this chapter).
38 (2) A person at risk (as defined in section 1 of this chapter) or a
39 person legally responsible for the patient if the physician:
40 (A) has medical verification that the patient is an individual
41 with a communicable disease;
42 (B) knows the identity of the person at risk;
2022 IN 1158—LS 7067/DI 137 16
1 (C) has a reasonable belief of a significant risk of harm to the
2 identified person at risk;
3 (D) has reason to believe the identified person at risk has not
4 been informed and will not be informed of the risk by the
5 patient or another person; and
6 (E) has made reasonable efforts to inform the individual with
7 a communicable disease of the physician's intent to make or
8 cause the state department of health to make a disclosure to
9 the person at risk.
10 (c) A physician who notifies a person at risk under this section shall
11 do the following:
12 (1) Identify the serious communicable disease.
13 (2) Inform the person of available health care measures such as
14 counseling and testing.
15 (d) A physician who in good faith provides notification under this
16 section is not subject to liability in a civil, an administrative, a
17 disciplinary, or a criminal action.
18 (e) A patient's privilege with respect to a physician under
19 IC 34-46-3-1 is waived regarding:
20 (1) notification under subsection (b); and
21 (2) information provided about a patient's noncompliant behavior
22 in an investigation or action under this chapter, IC 16-41-2,
23 IC 16-41-3, IC 16-41-5, IC 16-41-6, IC 16-41-8, IC 16-41-9,
24 IC 16-41-13, IC 16-41-14, and IC 16-41-16.
25 (f) A physician's immunity from liability under subsection (d)
26 applies only to the provision of information reasonably calculated to
27 protect an identified person who is at epidemiological risk of infection.
28 (g) A physician who notifies a person under this section is also
29 required to satisfy the reporting requirements under IC 16-41-2-2
30 through IC 16-41-2-8.
31 SECTION 28. IC 16-41-7-4 IS REPEALED [EFFECTIVE JULY 1,
32 2022]. Sec. 4. (a) As used in this section, "person at risk" means an
33 individual who in the best judgment of a licensed physician:
34 (1) has engaged in high risk activity (as defined in section 1 of
35 this chapter); or
36 (2) is in imminent risk of engaging in high risk activity (as
37 defined in section 1 of this chapter).
38 (b) If a health officer is notified in writing by a physician under
39 section 3(b)(1)(A) of this chapter of a patient:
40 (1) for whom the physician has medical verification that the
41 patient is an individual with a communicable disease; and
42 (2) who, in the best judgment of the physician, is a serious and
2022 IN 1158—LS 7067/DI 137 17
1 present risk to the health of others;
2 the health officer shall make an investigation of the individual with a
3 communicable disease as authorized in IC 16-41-5-2 to determine
4 whether the environmental conditions surrounding the individual with
5 a communicable disease or the conduct of the individual with a
6 communicable disease requires the intervention by the health officer or
7 designated health official to prevent the transmission of disease to
8 others.
9 (c) If the state department is requested in writing by a physician who
10 has complied with the requirements of section 3(b)(2) of this chapter
11 to notify a person at risk, the state department shall notify the person
12 at risk unless, in the opinion of the state department, the person at risk:
13 (1) has already been notified;
14 (2) will be notified; or
15 (3) will otherwise be made aware that the person is a person at
16 risk.
17 (d) The state department shall establish a confidential registry of all
18 persons submitting written requests under subsection (c).
19 (e) The state department shall adopt rules under IC 4-22-2 to
20 implement this section. Local health officers may submit advisory
21 guidelines to the state department to implement this chapter,
22 IC 16-41-1, IC 16-41-3, IC 16-41-5, IC 16-41-8, or IC 16-41-9. The
23 state department shall fully consider such advisory guidelines before
24 adopting a rule under IC 4-22-2-29 implementing this chapter,
25 IC 16-41-1, IC 16-41-3, IC 16-41-5, IC 16-41-8, or IC 16-41-9.
26 SECTION 29. IC 16-41-7-5 IS REPEALED [EFFECTIVE JULY 1,
27 2022]. Sec. 5. (a) Except as provided in IC 35-45-21-3, a person who
28 recklessly violates or fails to comply with this chapter commits a Class
29 B misdemeanor.
30 (b) Each day a violation continues constitutes a separate offense.
31 SECTION 30. IC 16-41-8-7 IS ADDED TO THE INDIANA CODE
32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33 1, 2022]: Sec. 7. Local health officers may submit advisory
34 guidelines to the state department to implement this chapter. The
35 state department shall fully consider such advisory guidelines
36 before adopting a rule under IC 4-22-2-29 implementing this
37 chapter.
38 SECTION 31. IC 16-41-9-7, AS AMENDED BY P.L.112-2020,
39 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 7. (a) An individual with a communicable disease
41 who:
42 (1) poses a serious and present risk to the health of others;
2022 IN 1158—LS 7067/DI 137 18
1 (2) has been voluntarily admitted to a hospital or other facility for
2 the treatment of tuberculosis or another serious communicable
3 disease; and
4 (3) who leaves the facility without authorized leave or against
5 medical advice or who fails to return from authorized leave;
6 shall be reported to a health officer by the facility not more than
7 twenty-four (24) hours after discovery of the individual with a
8 communicable disease's absence.
9 (b) If a health officer fails or refuses to institute or complete
10 necessary legal measures to prevent a health threat (as defined in
11 IC 16-41-7-2) by the individual with a communicable disease, the case
12 shall be referred to a designated health official for appropriate action
13 under this article.
14 SECTION 32. IC 16-41-9-16 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2022]: Sec. 16. Local health officers may
17 submit advisory guidelines to the state department to implement
18 this chapter. The state department shall fully consider such
19 advisory guidelines before adopting a rule under IC 4-22-2-29
20 implementing this chapter.
21 SECTION 33. IC 16-41-14-17 IS REPEALED [EFFECTIVE JULY
22 1, 2022]. Sec. 17. (a) This section does not apply to a person who
23 transfers for research purposes semen that contains antibodies for the
24 human immunodeficiency virus (HIV).
25 (b) A person who, for the purpose of artificial insemination,
26 recklessly, knowingly, or intentionally donates, sells, or transfers semen
27 that contains antibodies for the human immunodeficiency virus (HIV)
28 commits transferring contaminated semen, a Level 5 felony. The
29 offense is a Level 4 felony if the offense results in the transmission of
30 the virus to another person.
31 SECTION 34. IC 16-42-19-5, AS AMENDED BY P.L.129-2018,
32 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 5. As used in this chapter, "practitioner" means
34 any of the following:
35 (1) A physician licensed under IC 25-22.5.
36 (2) A veterinarian licensed to practice veterinary medicine in
37 Indiana.
38 (3) A dentist licensed to practice dentistry in Indiana.
39 (4) A podiatrist licensed to practice podiatric medicine in Indiana.
40 (5) An optometrist who is:
41 (A) licensed to practice optometry in Indiana; and
42 (B) certified under IC 25-24-3.
2022 IN 1158—LS 7067/DI 137 19
1 (6) An advanced practice registered nurse who meets the
2 requirements of IC 25-23-1-19.5.
3 (7) A physician assistant licensed under IC 25-27.5 who is
4 delegated prescriptive authority under IC 25-27.5-5-6.
5 (8) A pharmacist licensed under IC 25-26.
6 SECTION 35. IC 21-38-6-1, AS AMENDED BY P.L.133-2020,
7 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 1. (a) An employee health plan that provides
9 coverage for early intervention services shall reimburse the first steps
10 program a monthly fee established by the division of disability and
11 rehabilitative services. Except when the monthly fee is less than the
12 product determined under IC 12-12.7-2-23(b), the monthly fee shall be
13 provided instead of claims processing of individual claims.
14 (b) An employee health plan may not require authorization for
15 services specified in the covered individual's individualized family
16 service plan, if those services are a covered benefit under the plan,
17 once the individualized family service plan is signed by a physician or
18 an advanced practice registered nurse.
19 (c) The department of insurance shall adopt rules under IC 4-22-2
20 to ensure compliance with this section.
21 SECTION 36. IC 25-22.5-1-2, AS AMENDED BY P.L.180-2018,
22 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 2. (a) This article, as it relates to the unlawful or
24 unauthorized practice of medicine or osteopathic medicine, does not
25 apply to any of the following:
26 (1) A student in training in a medical school approved by the
27 board, or while performing duties as an intern or a resident in a
28 hospital under the supervision of the hospital's staff or in a
29 program approved by the medical school.
30 (2) A person who renders service in case of emergency where no
31 fee or other consideration is contemplated, charged, or received.
32 (3) A paramedic (as defined in IC 16-18-2-266), an advanced
33 emergency medical technician (as defined in IC 16-18-2-6.5), an
34 emergency medical technician (as defined in IC 16-18-2-112), or
35 a person with equivalent certification from another state who
36 renders advanced life support (as defined in IC 16-18-2-7), or
37 basic life support (as defined in IC 16-18-2-33.5):
38 (A) during a disaster emergency declared by the governor
39 under IC 10-14-3-12 in response to an act that the governor in
40 good faith believes to be an act of terrorism (as defined in
41 IC 35-31.5-2-329); and
42 (B) in accordance with the rules adopted by the Indiana
2022 IN 1158—LS 7067/DI 137 20
1 emergency medical services commission or the disaster
2 emergency declaration of the governor.
3 (4) Commissioned medical officers or medical service officers of
4 the armed forces of the United States, the United States Public
5 Health Service, and medical officers of the United States
6 Department of Veterans Affairs in the discharge of their official
7 duties in Indiana.
8 (5) An individual who is not a licensee who resides in another
9 state or country and is authorized to practice medicine or
10 osteopathic medicine there, who is called in for consultation by an
11 individual licensed to practice medicine or osteopathic medicine
12 in Indiana.
13 (6) A person administering a domestic or family remedy to a
14 member of the person's family.
15 (7) A member of a church practicing the religious tenets of the
16 church if the member does not make a medical diagnosis,
17 prescribe or administer drugs or medicines, perform surgical or
18 physical operations, or assume the title of or profess to be a
19 physician.
20 (8) A school corporation and a school employee who acts under
21 IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
22 (9) A chiropractor practicing the chiropractor's profession under
23 IC 25-10 or to an employee of a chiropractor acting under the
24 direction and supervision of the chiropractor under IC 25-10-1-13.
25 (10) A dental hygienist practicing the dental hygienist's profession
26 under IC 25-13.
27 (11) A dentist practicing the dentist's profession under IC 25-14.
28 (12) A hearing aid dealer practicing the hearing aid dealer's
29 profession under IC 25-20.
30 (13) A nurse practicing the nurse's profession under IC 25-23.
31 However, a certified registered nurse anesthetist (as defined in
32 IC 25-23-1-1.4) may administer anesthesia if the certified
33 registered nurse anesthetist acts under the direction of and in the
34 immediate presence of a physician.
35 (14) An optometrist practicing the optometrist's profession under
36 IC 25-24.
37 (15) A pharmacist practicing the pharmacist's profession under
38 IC 25-26.
39 (16) A physical therapist practicing the physical therapist's
40 profession under IC 25-27.
41 (17) A podiatrist practicing the podiatrist's profession under
42 IC 25-29.
2022 IN 1158—LS 7067/DI 137 21
1 (18) A psychologist practicing the psychologist's profession under
2 IC 25-33.
3 (19) A speech-language pathologist or audiologist practicing the
4 pathologist's or audiologist's profession under IC 25-35.6.
5 (20) An employee of a physician or group of physicians who
6 performs an act, a duty, or a function that is customarily within
7 the specific area of practice of the employing physician or group
8 of physicians, if the act, duty, or function is performed under the
9 direction and supervision of the employing physician or a
10 physician of the employing group within whose area of practice
11 the act, duty, or function falls. An employee may not make a
12 diagnosis or prescribe a treatment and must report the results of
13 an examination of a patient conducted by the employee to the
14 employing physician or the physician of the employing group
15 under whose supervision the employee is working. An employee
16 may not administer medication without the specific order of the
17 employing physician or a physician of the employing group.
18 Unless an employee is licensed or registered to independently
19 practice in a profession described in subdivisions (9) through
20 (18), nothing in this subsection grants the employee independent
21 practitioner status or the authority to perform patient services in
22 an independent practice in a profession.
23 (21) A hospital licensed under IC 16-21 or IC 12-25.
24 (22) A health care organization whose members, shareholders, or
25 partners are individuals, partnerships, corporations, facilities, or
26 institutions licensed or legally authorized by this state to provide
27 health care or professional services as:
28 (A) a physician;
29 (B) a psychiatric hospital;
30 (C) a hospital;
31 (D) a health maintenance organization or limited service
32 health maintenance organization;
33 (E) a health facility;
34 (F) a dentist;
35 (G) a registered or licensed practical nurse;
36 (H) a certified nurse midwife or a certified direct entry
37 midwife;
38 (I) an optometrist;
39 (J) a podiatrist;
40 (K) a chiropractor;
41 (L) a physical therapist; or
42 (M) a psychologist; or
2022 IN 1158—LS 7067/DI 137 22
1 (N) a pharmacist.
2 (23) A physician assistant practicing the physician assistant
3 profession under IC 25-27.5.
4 (24) A physician providing medical treatment under section 2.1
5 of this chapter.
6 (25) An attendant who provides attendant care services (as
7 defined in IC 16-18-2-28.5).
8 (26) A personal services attendant providing authorized attendant
9 care services under IC 12-10-17.1.
10 (27) A respiratory care practitioner practicing the practitioner's
11 profession under IC 25-34.5.
12 (b) A person described in subsection (a)(9) through (a)(18) is not
13 excluded from the application of this article if:
14 (1) the person performs an act that an Indiana statute does not
15 authorize the person to perform; and
16 (2) the act qualifies in whole or in part as the practice of medicine
17 or osteopathic medicine.
18 (c) An employment or other contractual relationship between an
19 entity described in subsection (a)(21) through (a)(22) and a licensed
20 physician does not constitute the unlawful practice of medicine or
21 osteopathic medicine under this article if the entity does not direct or
22 control independent medical acts, decisions, or judgment of the
23 licensed physician. However, if the direction or control is done by the
24 entity under IC 34-30-15 (or IC 34-4-12.6 before its repeal), the entity
25 is excluded from the application of this article as it relates to the
26 unlawful practice of medicine or osteopathic medicine.
27 (d) This subsection does not apply to a prescription or drug order for
28 a legend drug that is filled or refilled in a pharmacy owned or operated
29 by a hospital licensed under IC 16-21. A physician licensed in Indiana
30 who permits or authorizes a person to fill or refill a prescription or drug
31 order for a legend drug except as authorized in IC 16-42-19-11 through
32 IC 16-42-19-19 is subject to disciplinary action under IC 25-1-9. A
33 person who violates this subsection commits the unlawful practice of
34 medicine or osteopathic medicine under this chapter.
35 (e) A person described in subsection (a)(8) shall not be authorized
36 to dispense contraceptives or birth control devices.
37 SECTION 37. IC 25-26-13-2, AS AMENDED BY P.L.207-2021,
38 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 UPON PASSAGE]: Sec. 2. As used in this chapter:
40 "Administering" means the direct application of a drug to the body
41 of a person by injection, inhalation, ingestion, or any other means.
42 "Board" means the Indiana board of pharmacy.
2022 IN 1158—LS 7067/DI 137 23
1 "Clinician-administered drug" means an outpatient
2 prescription drug, other than a vaccine, that:
3 (1) cannot reasonably be self-administered by the patient to
4 whom the drug is prescribed or by an individual assisting the
5 patient with self-administration; and
6 (2) is typically administered by a health care provider
7 authorized under the laws of this state to administer the drug,
8 including when acting under a physician's delegation and
9 supervision, in a clinical setting.
10 "Controlled drugs" are those drugs on schedules I through V of the
11 federal Controlled Substances Act or on schedules I through V of
12 IC 35-48-2.
13 "Coronavirus disease" means the disease caused by the severe acute
14 respiratory syndrome coronavirus 2 virus (SARS-CoV-2).
15 "Counseling" means effective communication between a pharmacist
16 and a patient concerning the contents, drug to drug interactions, route,
17 dosage, form, directions for use, precautions, and effective use of a
18 drug or device to improve the therapeutic outcome of the patient
19 through the effective use of the drug or device.
20 "Dispensing" means issuing one (1) or more doses of a drug in a
21 suitable container with appropriate labeling for subsequent
22 administration to or use by a patient.
23 "Drug" means:
24 (1) articles or substances recognized in the official United States
25 Pharmacopoeia, official National Formulary, official
26 Homeopathic Pharmacopoeia of the United States, or any
27 supplement to any of them;
28 (2) articles or substances intended for use in the diagnosis, cure,
29 mitigation, treatment, or prevention of disease in man or animals;
30 (3) articles other than food intended to affect the structure or any
31 function of the body of man or animals; or
32 (4) articles intended for use as a component of any article
33 specified in subdivisions (1) through (3) and devices.
34 "Drug order" means a written order in a hospital or other health care
35 institution for an ultimate user for any drug or device, issued and
36 signed by a practitioner, or an order transmitted by other means of
37 communication from a practitioner, which is immediately reduced to
38 writing by the pharmacist, registered nurse, or other licensed health
39 care practitioner authorized by the hospital or institution. The order
40 shall contain the name and bed number of the patient; the name and
41 strength or size of the drug or device; unless specified by individual
42 institution policy or guideline, the amount to be dispensed either in
2022 IN 1158—LS 7067/DI 137 24
1 quantity or days; adequate directions for the proper use of the drug or
2 device when it is administered to the patient; and the name of the
3 prescriber.
4 "Drug regimen review" means the retrospective, concurrent, and
5 prospective review by a pharmacist of a patient's drug related history
6 that includes the following areas:
7 (1) Evaluation of prescriptions or drug orders and patient records
8 for drug allergies, rational therapy contradictions, appropriate
9 dose and route of administration, appropriate directions for use,
10 or duplicative therapies.
11 (2) Evaluation of prescriptions or drug orders and patient records
12 for drug-drug, drug-food, drug-disease, and drug-clinical
13 laboratory interactions.
14 (3) Evaluation of prescriptions or drug orders and patient records
15 for adverse drug reactions.
16 (4) Evaluation of prescriptions or drug orders and patient records
17 for proper utilization and optimal therapeutic outcomes.
18 "Drug utilization review" means a program designed to measure and
19 assess on a retrospective and prospective basis the proper use of drugs.
20 "Device" means an instrument, apparatus, implement, machine,
21 contrivance, implant, in vitro reagent, or other similar or related article
22 including any component part or accessory, which is:
23 (1) recognized in the official United States Pharmacopoeia,
24 official National Formulary, or any supplement to them;
25 (2) intended for use in the diagnosis of disease or other conditions
26 or the cure, mitigation, treatment, or prevention of disease in man
27 or other animals; or
28 (3) intended to affect the structure or any function of the body of
29 man or other animals and which does not achieve any of its
30 principal intended purposes through chemical action within or on
31 the body of man or other animals and which is not dependent
32 upon being metabolized for the achievement of any of its
33 principal intended purposes.
34 "Electronic data intermediary" means an entity that provides the
35 infrastructure that connects a computer system or another electronic
36 device used by a prescribing practitioner with a computer system or
37 another electronic device used by a pharmacy to facilitate the secure
38 transmission of:
39 (1) an electronic prescription order;
40 (2) a refill authorization request;
41 (3) a communication; and
42 (4) other patient care information;
2022 IN 1158—LS 7067/DI 137 25
1 between a practitioner and a pharmacy.
2 "Electronic signature" means an electronic sound, symbol, or
3 process:
4 (1) attached to or logically associated with a record; and
5 (2) executed or adopted by a person;
6 with the intent to sign the record.
7 "Electronically transmitted" or "electronic transmission" means the
8 transmission of a prescription in electronic form. The term does not
9 include the transmission of a prescription by facsimile.
10 "Investigational or new drug" means any drug which is limited by
11 state or federal law to use under professional supervision of a
12 practitioner authorized by law to prescribe or administer such drug.
13 "Legend drug" has the meaning set forth in IC 16-18-2-199.
14 "License" and "permit" are interchangeable and mean a written
15 certificate from the Indiana board of pharmacy for the practice of
16 pharmacy or the operation of a pharmacy.
17 "Medication therapy management" means a distinct service or group
18 of services that optimize therapeutic outcomes for individuals that are
19 independent of, but may occur in conjunction with, the provision of a
20 medication or medical device. The term includes the following
21 services:
22 (1) Performing or obtaining assessments of an individual's health
23 status.
24 (2) Formulating a medication treatment plan.
25 (3) Selecting, initiating, modifying, or administering medication
26 therapy.
27 (4) Monitoring and evaluating an individual's response to therapy,
28 including safety and effectiveness.
29 (5) Performing a comprehensive medication review to identify,
30 resolve, and prevent medication related problems, including
31 adverse drug events.
32 (6) Documenting the care delivered and communicating essential
33 information to the patient's other health care providers.
34 (7) Providing education and training designed to enhance patient
35 understanding and appropriate use of the individual's medications.
36 (8) Providing information and support services and resources
37 designed to enhance patient adherence with the individual's
38 therapeutic regimens, including medication synchronization.
39 (9) Coordinating and integrating medication therapy management
40 services within the broader health care services being provided to
41 an individual.
42 (10) Providing other patient care services allowable by law.
2022 IN 1158—LS 7067/DI 137 26
1 "Nonprescription drug" means a drug that may be sold without a
2 prescription and that is labeled for use by a patient in accordance with
3 state and federal laws.
4 "Person" means any individual, partnership, copartnership, firm,
5 company, corporation, association, joint stock company, trust, estate,
6 or municipality, or a legal representative or agent, unless this chapter
7 expressly provides otherwise.
8 "Practitioner" has the meaning set forth in IC 16-42-19-5.
9 "Pharmacist" means a person licensed under this chapter.
10 "Pharmacist intern" means a person who is:
11 (1) permitted by the board to engage in the practice of pharmacy
12 while under the personal supervision of a pharmacist and who is
13 satisfactorily progressing toward meeting the requirements for
14 licensure as a pharmacist;
15 (2) a graduate of an approved college of pharmacy or a graduate
16 who has established educational equivalency by obtaining a
17 Foreign Pharmacy Graduate Examination Committee Certificate
18 and who is permitted by the board to obtain practical experience
19 as a requirement for licensure as a pharmacist;
20 (3) a qualified applicant awaiting examination for licensure; or
21 (4) an individual participating in a residency or fellowship
22 program.
23 "Pharmacy" means any facility, department, or other place where
24 prescriptions are filled or compounded and are sold, dispensed, offered,
25 or displayed for sale and which has as its principal purpose the
26 dispensing of drug and health supplies intended for the general health,
27 welfare, and safety of the public, without placing any other activity on
28 a more important level than the practice of pharmacy.
29 "The practice of pharmacy" or "the practice of the profession of
30 pharmacy" means a patient oriented health care profession in which
31 pharmacists interact with and counsel patients and with other health
32 care professionals concerning drugs and devices used to enhance
33 patients' wellness, prevent illness, and optimize the outcome of a drug
34 or device, by accepting responsibility for performing or supervising a
35 pharmacist intern or an unlicensed person under section 18.5 of this
36 chapter to do the following acts, services, and operations:
37 (1) The offering of or performing of those acts, service operations,
38 or transactions incidental to the interpretation, evaluation, and
39 implementation of prescriptions or drug orders.
40 (2) The compounding, labeling, administering, dispensing, or
41 selling of drugs and devices, including radioactive substances,
42 whether dispensed under a practitioner's prescription or drug
2022 IN 1158—LS 7067/DI 137 27
1 order or sold or given directly to the ultimate consumer.
2 (3) The proper and safe storage and distribution of drugs and
3 devices.
4 (4) The maintenance of proper records of the receipt, storage,
5 sale, and dispensing of drugs and devices.
6 (5) Counseling, advising, and educating patients, patients'
7 caregivers, and health care providers and professionals, as
8 necessary, as to the contents, therapeutic values, uses, significant
9 problems, risks, and appropriate manner of use of drugs and
10 devices.
11 (6) Assessing, recording, and reporting events related to the use
12 of drugs or devices.
13 (7) Provision of the professional acts, professional decisions, and
14 professional services necessary to maintain all areas of a patient's
15 pharmacy related care as specifically authorized to a pharmacist
16 under this article.
17 (8) Provision of medication therapy management.
18 "Prescription" means a written order or an order transmitted by other
19 means of communication from a practitioner to or for an ultimate user
20 for any drug or device containing:
21 (1) the name and address of the patient;
22 (2) the date of issue;
23 (3) the name and strength or size (if applicable) of the drug or
24 device;
25 (4) the amount to be dispensed (unless indicated by directions and
26 duration of therapy);
27 (5) adequate directions for the proper use of the drug or device by
28 the patient;
29 (6) the name of the practitioner; and
30 (7) if the prescription:
31 (A) is in written form, the signature of the practitioner; or
32 (B) is in electronic form, the electronic signature of the
33 practitioner.
34 "Qualifying pharmacist" means the pharmacist who will qualify the
35 pharmacy by being responsible to the board for the legal operations of
36 the pharmacy under the permit.
37 "Record" means all papers, letters, memoranda, notes, prescriptions,
38 drug orders, invoices, statements, patient medication charts or files,
39 computerized records, or other written indicia, documents, or objects
40 which are used in any way in connection with the purchase, sale, or
41 handling of any drug or device.
42 "Sale" means every sale and includes:
2022 IN 1158—LS 7067/DI 137 28
1 (1) manufacturing, processing, transporting, handling, packaging,
2 or any other production, preparation, or repackaging;
3 (2) exposure, offer, or any other proffer;
4 (3) holding, storing, or any other possession;
5 (4) dispensing, giving, delivering, or any other supplying; and
6 (5) applying, administering, or any other using.
7 SECTION 38. IC 25-26-13-4, AS AMENDED BY P.L.5-2016,
8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 UPON PASSAGE]: Sec. 4. (a) The board may:
10 (1) adopt rules under IC 4-22-2 for implementing and enforcing
11 this chapter;
12 (2) establish requirements and tests to determine the moral,
13 physical, intellectual, educational, scientific, technical, and
14 professional qualifications for applicants for pharmacists'
15 licenses;
16 (3) refuse to issue, deny, suspend, or revoke a license or permit or
17 place on probation or fine any licensee or permittee under this
18 chapter;
19 (4) regulate the sale of drugs and devices in the state of Indiana;
20 (5) impound, embargo, confiscate, or otherwise prevent from
21 disposition any drugs, medicines, chemicals, poisons, or devices
22 which by inspection are deemed unfit for use or would be
23 dangerous to the health and welfare of the citizens of the state of
24 Indiana; the board shall follow those embargo procedures found
25 in IC 16-42-1-18 through IC 16-42-1-31, and persons may not
26 refuse to permit or otherwise prevent members of the board or
27 their representatives from entering such places and making such
28 inspections;
29 (6) prescribe minimum standards with respect to physical
30 characteristics of pharmacies, as may be necessary to the
31 maintenance of professional surroundings and to the protection of
32 the safety and welfare of the public;
33 (7) subject to IC 25-1-7, investigate complaints, subpoena
34 witnesses, schedule and conduct hearings on behalf of the public
35 interest on any matter under the jurisdiction of the board;
36 (8) prescribe the time, place, method, manner, scope, and subjects
37 of licensing examinations which shall be given at least twice
38 annually; and
39 (9) perform such other duties and functions and exercise such
40 other powers as may be necessary to implement and enforce this
41 chapter.
42 (b) The board shall adopt rules under IC 4-22-2 for the following:
2022 IN 1158—LS 7067/DI 137 29
1 (1) Establishing standards for the competent practice of
2 pharmacy.
3 (2) Establishing the standards for a pharmacist to counsel
4 individuals regarding the proper use of drugs.
5 (3) Establishing standards and procedures before January 1, 2006,
6 to ensure that a pharmacist:
7 (A) has entered into a contract that accepts the return of
8 expired drugs with; or
9 (B) is subject to a policy that accepts the return of expired
10 drugs of;
11 a wholesaler, manufacturer, or agent of a wholesaler or
12 manufacturer concerning the return by the pharmacist to the
13 wholesaler, the manufacturer, or the agent of expired legend drugs
14 or controlled drugs. In determining the standards and procedures,
15 the board may not interfere with negotiated terms related to cost,
16 expenses, or reimbursement charges contained in contracts
17 between parties, but may consider what is a reasonable quantity
18 of a drug to be purchased by a pharmacy. The standards and
19 procedures do not apply to vaccines that prevent influenza,
20 medicine used for the treatment of malignant hyperthermia, and
21 other drugs determined by the board to not be subject to a return
22 policy. An agent of a wholesaler or manufacturer must be
23 appointed in writing and have policies, personnel, and facilities
24 to handle properly returns of expired legend drugs and controlled
25 substances.
26 (4) Establishing standards and procedures concerning the
27 preparation, dispensing, and administration of
28 clinician-administered drugs as it relates to patient care and
29 safety and as described in section 34 of this chapter.
30 (c) The board may grant or deny a temporary variance to a rule it
31 has adopted if:
32 (1) the board has adopted rules which set forth the procedures and
33 standards governing the grant or denial of a temporary variance;
34 and
35 (2) the board sets forth in writing the reasons for a grant or denial
36 of a temporary variance.
37 (d) The board shall adopt rules and procedures, in consultation with
38 the medical licensing board, concerning the electronic transmission of
39 prescriptions. The rules adopted under this subsection must address the
40 following:
41 (1) Privacy protection for the practitioner and the practitioner's
42 patient.
2022 IN 1158—LS 7067/DI 137 30
1 (2) Security of the electronic transmission.
2 (3) A process for approving electronic data intermediaries for the
3 electronic transmission of prescriptions.
4 (4) Use of a practitioner's United States Drug Enforcement
5 Agency registration number.
6 (5) Protection of the practitioner from identity theft or fraudulent
7 use of the practitioner's prescribing authority.
8 (e) The governor may direct the board to develop:
9 (1) a prescription drug program that includes the establishment of
10 criteria to eliminate or significantly reduce prescription fraud; and
11 (2) a standard format for an official tamper resistant prescription
12 drug form for prescriptions (as defined in IC 16-42-19-7(1)).
13 The board may adopt rules under IC 4-22-2 necessary to implement
14 this subsection.
15 (f) The standard format for a prescription drug form described in
16 subsection (e)(2) must include the following:
17 (1) A counterfeit protection bar code with human readable
18 representation of the data in the bar code.
19 (2) A thermochromic mark on the front and the back of the
20 prescription that:
21 (A) is at least one-fourth (1/4) of one (1) inch in height and
22 width; and
23 (B) changes from blue to clear when exposed to heat.
24 (g) The board may contract with a supplier to implement and
25 manage the prescription drug program described in subsection (e). The
26 supplier must:
27 (1) have been audited by a third party auditor using the SAS 70
28 audit or an equivalent audit for at least the three (3) previous
29 years; and
30 (2) be audited by a third party auditor using the SAS 70 audit or
31 an equivalent audit throughout the duration of the contract;
32 in order to be considered to implement and manage the program.
33 (h) The board shall adopt rules under IC 4-22-2, or emergency rules
34 in the manner provided under IC 4-22-2-37.1 that take effect on July 1,
35 2016, concerning:
36 (1) professional determinations made under IC 35-48-4-14.7(d);
37 and
38 (2) the determination of a relationship on record with the
39 pharmacy under IC 35-48-4-14.7.
40 (i) The board may:
41 (1) review professional determinations made by a pharmacist; and
42 (2) take appropriate disciplinary action against a pharmacist who
2022 IN 1158—LS 7067/DI 137 31
1 violates a rule adopted under subsection (h) concerning a
2 professional determination made;
3 under IC 35-48-4-14.7 concerning the sale of ephedrine and
4 pseudoephedrine.
5 SECTION 39. IC 25-26-13-20, AS AMENDED BY P.L.207-2021,
6 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 20. (a) A person desiring to open, establish,
8 operate, or maintain a pharmacy shall apply to the board for a
9 pharmacy permit on a form provided by the board. The applicant shall
10 set forth:
11 (1) the name and occupation of the persons desiring the permit;
12 (2) the location, including street address and city, of the
13 pharmacy;
14 (3) the name of the a pharmacist who will qualify the pharmacy
15 by being responsible be a point of contact to the board; for the
16 legal operation of the pharmacy under the permit; and
17 (4) such other information as the board may require.
18 (b) If the applicant desires to open, establish, operate, or maintain
19 more than one (1) pharmacy, the applicant must file a separate
20 application for each. Each pharmacy must be qualified by a different
21 pharmacist.
22 (c) The board shall permit a pharmacist to serve as a qualifying
23 pharmacist for more than one (1) pharmacy holding a Category II
24 pharmacy permit upon the holder of the Category II permit showing
25 circumstances establishing that:
26 (1) the permit holder has made a reasonable effort, without
27 success, to obtain a qualifying pharmacist who is not serving as
28 a qualifying pharmacist at another Category II pharmacy; and
29 (2) the single pharmacist could effectively fulfill all duties and
30 responsibilities of the qualifying pharmacist at both locations.
31 However, The board shall hold the permit holder responsible and may
32 not discipline or otherwise hold the qualifying pharmacist pharmacy
33 manager responsible for staffing deficiencies of the pharmacy if the
34 qualifying pharmacist pharmacy manager does not have authority for
35 staffing determinations of the pharmacy.
36 (d) The board shall grant or deny an application for a permit not
37 later than one hundred twenty (120) days after the application and any
38 additional information required by the board are submitted.
39 (e) The board may not issue a pharmacy permit to a person who
40 desires to operate the pharmacy out of a residence.
41 SECTION 40. IC 25-26-13-27 IS AMENDED TO READ AS
42 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 27. (a) If a pharmacy
2022 IN 1158—LS 7067/DI 137 32
1 will be closed for five (5) consecutive days or more, the permit holder
2 shall notify the board and take such steps to secure the drugs in the
3 pharmacy as the board may direct.
4 (b) If a pharmacy is to be permanently closed for any reason, the
5 owner or qualifying pharmacist shall:
6 (1) notify the board not less than twenty (20) days before the
7 transfer of any controlled substances and submit a copy of the
8 inventory form required by the federal drug enforcement
9 administration together with the name, address, and registration
10 number of the person to whom the drugs will be transferred;
11 (2) remove all legend drugs from stock by:
12 (A) returning them to the wholesaler or manufacturer if he
13 consents;
14 (B) transferring them to another pharmacy; or
15 (C) destroying them in the presence of a representative
16 appointed by the board;
17 (3) before disposing of any other merchandise in the pharmacy,
18 dispose of all controlled drugs and legend drugs as provided in
19 clauses (1) and (2) and submit the licensed premises to an
20 inspection by a representative of the board to certify that all
21 legend and controlled drugs have been removed;
22 (4) remove from inside and outside the licensed area all symbols
23 and signs using the words "drugs", "drugstore", "prescriptions",
24 "pharmacy", "pharmacy department", "apothecary", or
25 "apothecary shop", or any combination of such titles; and
26 (5) return the pharmacy permit for cancellation by the board
27 within ten (10) days after all legend drugs, controlled drugs, drugs
28 and devices are removed from the premises.
29 SECTION 41. IC 25-26-13-31.7, AS AMENDED BY P.L.207-2021,
30 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 31.7. (a) Subject to rules adopted under
32 subsection (c), a pharmacy technician may administer an influenza or
33 coronavirus disease any immunization to an individual under a drug
34 order or prescription, as delegated by the pharmacist.
35 (b) Subject to rules adopted under subsection (c), a pharmacy
36 technician may administer an influenza or coronavirus disease
37 immunization to an individual or a group of individuals under a drug
38 order, under a prescription, or according to a protocol approved by a
39 physician, as delegated by the pharmacist.
40 (c) The board shall adopt rules under IC 4-22-2 to establish
41 requirements applying to a pharmacy technician who administers an
42 influenza or coronavirus disease immunization to an individual or
2022 IN 1158—LS 7067/DI 137 33
1 group of individuals. The rules adopted under this section must provide
2 for the direct supervision of the pharmacy technician by a pharmacist,
3 a physician, a physician assistant, or an advanced practice registered
4 nurse. Before July 1, 2021, the board shall adopt emergency rules
5 under IC 4-22-2-37.1 to establish the requirements described in this
6 subsection. concerning the influenza immunization and the coronavirus
7 disease immunization. Notwithstanding IC 4-22-2-37.1(g), an
8 emergency rule adopted by the board under this subsection and in the
9 manner provided by IC 4-22-2-37.1 expires on the date on which a rule
10 that supersedes the emergency rule is adopted by the board under
11 IC 4-22-2-24 through IC 4-22-2-36.
12 (d) The board must approve all programs that provide training to
13 pharmacy technicians to administer influenza and coronavirus disease
14 immunizations as permitted by this section.
15 SECTION 42. IC 25-26-13-34 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE UPON PASSAGE]: Sec. 34. (a) As used in this section,
18 "adjudicated claim" means a formal request by a covered
19 individual to a pharmacy benefit manager, insurer, policy of
20 accident and sickness insurance, individual contract, or group
21 contract for coverage or compensation for a policy event or
22 services rendered.
23 (b) As used in this section, "sterile compounding" means the
24 combining, admixing, diluting, pooling, reconstituting,
25 repackaging, or otherwise altering a drug or bulk drug substance
26 to create a sterile medication.
27 (c) A pharmacy may not:
28 (1) dispense clinician-administered drugs subsequent to an
29 adjudicated claim in a form that is not suitable for
30 administration without further manipulation or sterile
31 compounding by a health care provider; or
32 (2) receive medications, ingredients, or components of a
33 clinician-administered drug that have been previously
34 dispensed subsequent to an adjudicated claim by another
35 pharmacy and then utilize sterile compounding to create a
36 different dosage form prior to administration;
37 unless otherwise required by law or upon agreement of the health
38 care provider or pharmacy receiving the clinician-administered
39 drug or ingredients or components of a clinician-administered
40 drug.
41 (d) Not later than June 30, 2022, the board shall adopt
42 emergency rules concerning the preparation, dispensing, and
2022 IN 1158—LS 7067/DI 137 34
1 administration of clinician-administered drugs as it relates to
2 patient care and safety and in the manner provided under
3 IC 4-22-2-37.1. Emergency rules adopted under this subsection:
4 (1) shall remain effective until final rules concerning the
5 preparation, dispensing, and administration of
6 clinician-administered drugs adopted by the board pursuant
7 to IC 4-22 become effective; and
8 (2) must comply with the standards in the federal Drug
9 Supply Chain Security Act (21 U.S.C. 360eee et seq.) and
10 General Chapter 800 of The United States Pharmacopeia.
11 SECTION 43. IC 25-26-13.5-6, AS AMENDED BY P.L.207-2021,
12 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 6. (a) Before a remote dispensing facility may do
14 business in Indiana, the remote dispensing facility must be registered
15 with the board under this chapter and in the manner prescribed by the
16 board.
17 (b) Before a pharmacy licensed under this article may operate a
18 remote dispensing facility, the pharmacy must register with the board
19 under this chapter.
20 (c) A facility must meet the following requirements in order to be
21 registered as a remote dispensing facility under this chapter:
22 (1) If the remote dispensing facility is not jointly owned by the
23 pharmacy, operate under a contract with a supervising pharmacy.
24 (2) Be supervised by a qualifying pharmacist who is licensed
25 under this article and who is designated by the supervising
26 pharmacy to be responsible for oversight of the remote dispensing
27 facility.
28 (3) Be located at least ten (10) miles from an existing retail
29 pharmacy unless:
30 (A) the applicant with the proposed remote dispensing facility
31 demonstrates to the board how the proposed remote dispensing
32 facility will promote public health; or
33 (B) the remote dispensing facility exclusively serves the
34 patients of:
35 (i) a community mental health center established under
36 IC 12-29;
37 (ii) a health care facility (as defined in IC 16-28-13-0.5); or
38 (iii) a physician clinic.
39 (4) Maintain a patient counseling area.
40 (5) Display a sign visible to the public indicating that the location
41 is a remote dispensing facility. The sign must include the
42 following information:
2022 IN 1158—LS 7067/DI 137 35
1 (A) That the facility provides remote services supervised by a
2 pharmacist located in another pharmacy.
3 (B) The identification and address of the supervising
4 pharmacy.
5 (C) Disclosure that a pharmacist is required to speak to the
6 consumer using audio and video communication systems any
7 time a new drug or device is dispensed at the remote
8 dispensing facility.
9 (D) Whether patient counseling is provided on a prescription
10 drug refill at the remote dispensing facility.
11 (E) That the facility is under continuous video surveillance and
12 that the video is recorded.
13 (d) If the remote dispensing facility is operating under a contract
14 with a supervising pharmacy, the contract must:
15 (1) specify the responsibilities of each party to the contract; and
16 (2) be available for review by the board at the board's request.
17 SECTION 44. IC 25-26-13.5-7, AS ADDED BY P.L.202-2017,
18 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 7. A supervising pharmacy shall implement
20 policies and procedures that address each of the following before
21 engaging in the practice of telepharmacy under this chapter:
22 (1) Minimum standards and practices that ensure the safety,
23 accuracy, security, sanitation, record keeping, and patient
24 confidentiality at the remote dispensing facility. The standards
25 and practices must include the following:
26 (A) Identification of personnel authorized to accept delivery of
27 the drugs and to have access to drug storage and dispensing
28 areas at the remote dispensing facility.
29 (B) Procedures for the procurement of drugs and devices at the
30 remote dispensing facility and any automated dispensing
31 machine system used.
32 (C) Criteria for the required inspection of the remote
33 dispensing facility by the qualifying a supervising pharmacist.
34 (2) The adoption of training standards required for personnel
35 employed at a remote dispensing facility to ensure the
36 competence and ability of employees in operating the electronic
37 verification, electronic record keeping, and communication
38 systems.
39 (3) A written plan for recovery from an event that interrupts or
40 prevents pharmacist supervision of the remote dispensing facility.
41 (4) Policies concerning the dispensing of prescription drugs.
42 SECTION 45. IC 25-26-13.5-8, AS AMENDED BY P.L.246-2019,
2022 IN 1158—LS 7067/DI 137 36
1 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2022]: Sec. 8. (a) The qualifying supervising pharmacist and
3 a pharmacist on duty are responsible for ensuring that the supervising
4 pharmacy and remote dispensing facility are sufficiently staffed to
5 avoid the risk of harm to public health and safety.
6 (b) In order to serve as a qualifying supervising pharmacist, the
7 pharmacist must be in good standing with the board.
8 (c) A qualifying supervising pharmacist may have this designation
9 for only one (1) supervising pharmacy and for one (1) remote
10 dispensing facility at a time.
11 (d) A qualifying supervising pharmacist must be able to be
12 physically at the remote dispensing facility within a certain time set by
13 the board to address emergencies and safety issues that arise. However,
14 in the qualifying supervising pharmacist's absence the qualifying
15 supervising pharmacist may designate another pharmacist to fulfill the
16 qualifying supervising pharmacist's duties at the remote dispensing
17 facility.
18 (e) A qualifying supervising pharmacist shall visit a remote
19 dispensing facility at least as often as required by the board to inspect
20 the facility and address personnel matters. The qualifying supervising
21 pharmacist shall complete any forms required by the board concerning
22 the required inspection and maintain the records in a manner specified
23 by the board.
24 (f) If the remote dispensing facility is located at a hospital or
25 physician clinic and uses an automated dispensing machine, the
26 qualifying supervising pharmacist shall maintain an up to date
27 inventory of any schedule II controlled substances. The qualifying
28 supervising pharmacist shall at least monthly inventory all controlled
29 substances.
30 (g) The qualifying supervising pharmacist shall develop and
31 implement a continuous quality improvement program. The program
32 must include a reporting mechanism for errors that occur concerning
33 the remote dispensing facility. Information concerning the program
34 must be available to the board upon request.
35 SECTION 46. IC 25-26-13.5-11, AS AMENDED BY P.L.207-2021,
36 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 11. (a) A supervising pharmacy of a remote
38 dispensing facility must maintain a video and audio communication
39 system that provides for effective communication between the
40 supervising pharmacy, the remote dispensing facility, and any
41 consumers. The system must do the following:
42 (1) Provide an adequate number of views of the entire remote
2022 IN 1158—LS 7067/DI 137 37
1 dispensing facility.
2 (2) Facilitate adequate pharmacist supervision.
3 (3) Allow an appropriate exchange of visual, verbal, and written
4 communications for patient counseling and other matters
5 concerning the lawful transaction of business.
6 (b) The remote dispensing facility must retain a recording of facility
7 surveillance, excluding patient communications, for at least thirty (30)
8 days.
9 (c) A qualifying pharmacist is adequately supervising through the
10 use of video surveillance by maintaining constant visual supervision
11 and auditory communication with the remote dispensing facility and by
12 maintaining full supervisory control of the automated system, if
13 applicable. The auditory communication must be available, as needed,
14 with the remote dispensing facility and the qualifying pharmacist.
15 (d) A video monitor that is being used to properly identify and
16 communicate with consumers must meet the following requirements:
17 (1) Provide both the supervising pharmacy and the remote
18 dispensing facility with direct visual contact between the
19 pharmacist and the consumer.
20 (2) Be secure and compliant with the federal Health Insurance
21 Portability and Accountability Act (HIPAA).
22 (e) If any component of the communication system is not in
23 operating order, the remote dispensing facility shall remain closed until
24 the communication system is fully operational, unless a pharmacist is
25 located at the remote dispensing facility.
26 SECTION 47. IC 25-26-13.5-14, AS ADDED BY P.L.202-2017,
27 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 14. (a) A remote dispensing facility shall have
29 adequate security. The security must do the following:
30 (1) Record the entrance and exit of individuals to the facility.
31 (2) Use alarms or other comparable monitoring systems that
32 protect the equipment, records, drug supply, devices, and other
33 items from unauthorized access, acquisition, or use.
34 (3) Use at least two (2) factoring credentials for employee entry
35 to the remote dispensing facility, using two (2) of the following:
36 (A) A knowledge factor, including a password.
37 (B) Biometrics.
38 (C) An inanimate object.
39 (b) The qualifying supervising pharmacist shall periodically review
40 the record of entries into the remote dispensing facility.
41 (c) The prescription storage area may remain open while a
42 pharmacist or pharmacy technician is on duty.
2022 IN 1158—LS 7067/DI 137 38
1 SECTION 48. IC 25-26-13.5-15, AS ADDED BY P.L.202-2017,
2 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 15. (a) A controlled substance may not be
4 dispensed at the remote dispensing facility unless:
5 (1) the facility maintains a perpetual inventory of controlled
6 substances; and
7 (2) the supervising pharmacist checks the Indiana scheduled
8 prescription electronic collection and tracking program
9 established by IC 25-1-13-4 or as directed by the board before:
10 (A) verification of the finished controlled substance
11 prescription; and
12 (B) counseling the patient.
13 (b) Drugs may be transported to a remote dispensing facility that
14 uses an automated dispensing machine only in a sealed container with
15 a list identifying each drug, drug strength, and quantity included in the
16 container.
17 (c) A delivery of drugs may be accepted at the remote dispensing
18 facility only if a pharmacist or a licensed pharmacy technician is
19 present to accept delivery and verify and sign for the receipt of the
20 drugs, unless the drugs are placed in a secured delivery area that
21 complies with federal and state law.
22 (d) If the delivery is received by a pharmacy technician, a
23 pharmacist at the supervising pharmacy shall ensure through the use of
24 the electronic audio and video communication system or bar code
25 technology that the pharmacy technician has accurately restocked the
26 drugs.
27 (e) A remote dispensing facility must store drugs in a manner that:
28 (1) complies with federal and state law;
29 (2) protects the identity, safety, security, and integrity of the drug;
30 and
31 (3) limits access to:
32 (A) a pharmacist employed by the supervising pharmacy; and
33 (B) a pharmacy technician who has written authorization of the
34 qualifying supervising pharmacist to access the facility.
35 SECTION 49. IC 27-1-24.5-29 IS ADDED TO THE INDIANA
36 CODE AS A NEW SECTION TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2022]: Sec. 29. (a) As used in this section,
38 "clinician-administered drug" has the meaning set forth in
39 IC 25-26-13-2.
40 (b) A pharmacy benefit manager may not prohibit a covered
41 individual from obtaining clinician-administered drugs from an
42 in-network health care provider or pharmacy authorized under the
2022 IN 1158—LS 7067/DI 137 39
1 laws of this state to administer clinician-administered drugs.
2 (c) A pharmacy benefit manager may not require a pharmacy
3 to dispense a clinician-administered drug directly to a covered
4 individual with the intention that the covered individual will
5 transport the drug to a health care provider for administration.
6 (d) Nothing in this section shall be construed to limit or interfere
7 with prescription drug manufacturer assistance programs that
8 provide free clinician-administered drugs through external
9 pharmacies at no cost to a covered individual, a payor, or an
10 administering health care provider or facility.
11 SECTION 50. IC 27-1-37.1-4, AS AMENDED BY P.L.129-2018,
12 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 4. As used in this chapter, "provider" means:
14 (1) a physician licensed under IC 25-22.5;
15 (2) a dentist licensed under IC 25-14;
16 (3) an advanced practice registered nurse licensed under
17 IC 25-23;
18 (4) a chiropractor licensed under IC 25-10;
19 (5) a podiatrist licensed under IC 25-29;
20 (6) an optometrist licensed under IC 25-24; or
21 (7) a clinical psychologist licensed under IC 25-33; or
22 (8) a pharmacist licensed under IC 25-26.
23 SECTION 51. IC 27-8-6-9 IS ADDED TO THE INDIANA CODE
24 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
25 1, 2022]: Sec. 9. (a) As used in this section, "pharmacist" means an
26 individual who is licensed as a pharmacist in Indiana under
27 IC 25-26.
28 (b) As used in this section, "policy of accident and sickness
29 insurance" has the meaning set forth in IC 27-8-5-1. However, the
30 term does not include the following:
31 (1) Accident only, credit, dental, vision, Medicare supplement,
32 long term care, or disability income insurance.
33 (2) Coverage issued as a supplement to liability insurance.
34 (3) Automobile medical payment insurance.
35 (4) A specified disease policy.
36 (5) A policy that provides a stipulated daily, weekly, or
37 monthly payment to an insured without regard to the actual
38 expense of the confinement.
39 (6) A short term insurance plan (as defined in IC 27-8-5.9-3).
40 (c) An insurer that issues a policy of accident and sickness
41 insurance may do the following:
42 (1) Reimburse for a health care service that is:
2022 IN 1158—LS 7067/DI 137 40
1 (A) covered under the policy of accident and sickness
2 insurance; and
3 (B) rendered by a pharmacist:
4 (i) within the scope of the pharmacist's license under
5 IC 25-26; and
6 (ii) under an agreement with the insurer under
7 IC 27-8-11-3.
8 (2) Reimburse for the health care service described in
9 subdivision (1) to the same extent and in the same manner as
10 the insurer would reimburse if the health care service were
11 rendered:
12 (A) by a physician licensed under IC 25-22.5, an advanced
13 practice registered nurse licensed under IC 25-23, or a
14 physician assistant licensed under IC 25-27.5 and within
15 the scope of the physician's, advanced practice registered
16 nurse's, or physician assistant's license; and
17 (B) under an agreement with the insurer under
18 IC 27-8-11-3.
19 (d) The department shall adopt rules under IC 4-22-2 to
20 implement this section.
21 (e) This section does not require a policy of accident and
22 sickness insurance to provide coverage for services rendered by a
23 pharmacist.
24 SECTION 52. IC 27-8-27-6, AS AMENDED BY P.L.133-2020,
25 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 6. (a) A health insurance plan that provides
27 coverage for early intervention services shall reimburse the first steps
28 program a monthly fee established by the division of disability and
29 rehabilitative services. Except when the monthly fee is less than the
30 product determined under IC 12-12.7-2-23(b), the monthly fee shall be
31 provided instead of claims processing of individual claims.
32 (b) A health insurance plan may not require authorization for
33 services specified in the covered individual's individualized family
34 service plan, if those services are a covered benefit under the plan,
35 once the individualized family service plan is signed by a physician or
36 an advanced practice registered nurse.
37 (c) The department of insurance shall adopt rules under IC 4-22-2
38 to ensure compliance with this section.
39 SECTION 53. IC 27-8-38 IS ADDED TO THE INDIANA CODE
40 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]:
42 Chapter 38. Coverage of Clinician-Administered Drugs
2022 IN 1158—LS 7067/DI 137 41
1 Sec. 1. As used in this chapter, "clinician-administered drug"
2 has the meaning set forth in IC 25-26-13-2.
3 Sec. 2. As used in this chapter, "covered individual" means an
4 individual who is entitled to coverage under a policy of accident
5 and sickness insurance.
6 Sec. 3. As used in this chapter, "insurer" means an insurance
7 company that issues a policy of accident and sickness insurance.
8 Sec. 4. As used in this chapter, "policy of accident and sickness
9 insurance" has the meaning set forth in IC 27-8-5-1. However, for
10 purposes of this section, the term does not include the coverages
11 listed in IC 27-8-5-2.5(a).
12 Sec. 5. A policy of accident and sickness insurance may not
13 prohibit a covered individual from obtaining
14 clinician-administered drugs from an in network health care
15 provider or pharmacy authorized under the laws of this state to
16 administer clinician-administered drugs.
17 Sec. 6. A policy of accident and sickness insurance may not
18 require a pharmacy to dispense a clinician-administered drug
19 directly to a covered individual with the intention that the covered
20 individual will transport the drug to a health care provider for
21 administration.
22 Sec. 7. Nothing in this chapter shall be construed to limit or
23 interfere with prescription drug manufacturer assistance programs
24 that provide free clinician-administered drugs through external
25 pharmacies at no cost to a covered individual, a payor, or an
26 administering health care provider or facility.
27 SECTION 54. IC 27-13-7-28 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2022]: Sec. 28. (a) As used in this section,
30 "clinician-administered drug" has the meaning set forth in
31 IC 25-26-13-2.
32 (b) An individual contract and a group contract may not
33 prohibit an enrollee from obtaining clinician-administered drugs
34 from an in network health care provider or pharmacy authorized
35 under the laws of this state to administer clinician-administered
36 drugs.
37 (c) An individual contract and a group contract may not require
38 a pharmacy to dispense a clinician-administered drug directly to
39 an enrollee with the intention that the enrollee will transport the
40 drug to a health care provider for administration.
41 (d) Nothing in this section shall be construed to limit or interfere
42 with prescription drug manufacturer assistance programs that
2022 IN 1158—LS 7067/DI 137 42
1 provide free clinician-administered drugs through external
2 pharmacies at no cost to an enrollee, a payor, or an administering
3 health care provider or facility.
4 SECTION 55. IC 27-19-5 IS ADDED TO THE INDIANA CODE
5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]:
7 Chapter 5. Enrollment Assistance for Tax Filers
8 Sec. 1. As used in this chapter, "health benefit exchange" means
9 an American health benefit exchange offering plans available in
10 Indiana under the federal Patient Protection and Affordable Care
11 Act (P.L. 111-148), as amended.
12 Sec. 2. As used in this chapter, "public health insurance
13 program" refers to health coverage provided under a state or
14 federal program. The term includes the following and is inclusive
15 of all state health coverage programs operating under the office of
16 the secretary of family and social services:
17 (1) Medicaid (42 U.S.C. 1396 et seq.).
18 (2) The healthy Indiana plan established by IC 12-15-44.5-3.
19 (3) The children's health insurance program established
20 under IC 12-17.6.
21 Sec. 3. As used in this chapter, "qualified health plan" means a
22 health plan that has been certified under Section 1301 of the
23 federal Patient Protection and Affordable Care Act (42 U.S.C.
24 18021(a)) to meet the criteria for availability through a health
25 benefit exchange operated in Indiana.
26 Sec. 4. As used in this chapter, "tax filer" means an individual
27 or married couple who files a state individual income tax return.
28 Sec. 5. (a) At the time of the department of state revenue's next
29 routine update of its forms and schedules occurring after June 30,
30 2022, the department of state revenue must add a box for a tax filer
31 to check to request further information regarding coverage under
32 a public health insurance program or qualified health plan.
33 (b) The box required under subsection (a) must be accompanied
34 by the following statement:
35 "You or other individuals in your household may qualify for health
36 care coverage under Medicaid or other state and federal programs
37 or for a subsidy for reduced-cost enrollment in a health care
38 coverage plan on the health benefit exchange. If you are interested
39 in learning more about eligibility for and assistance enrolling in
40 one of these health care coverage plans, please check this box. By
41 checking this box, you authorize the Indiana Department of State
42 Revenue to share your contact information with the Indiana
2022 IN 1158—LS 7067/DI 137 43
1 Family and Social Services Administration for the purpose of
2 providing you with additional information regarding health care
3 coverage. There is no obligation to enroll in a plan, and your tax
4 and personal information will not be shared.".
5 Sec. 6. (a) The department of state revenue must compile and
6 provide a report to the office of the secretary of family and social
7 services of the contact information for the tax filers checking the
8 box in section 5(a) of this chapter on a monthly basis.
9 (b) The office of the secretary of family and social services must
10 provide the contact information included in a report under
11 subsection (a) to 211 services for the purpose of connecting a tax
12 filer with an application organization (as defined in IC 27-19-2-3)
13 available to service the general public in the tax filer's county.
14 (c) The office of the secretary of family and social services must
15 enter into a memorandum of understanding with an application
16 organization to which the information included in a report under
17 subsection (a) is provided for the purpose of ensuring the
18 confidentiality of the information provided to the application
19 organization.
20 Sec. 7. (a) Not later than July 1 of each year, the office of the
21 secretary of family and social services must provide a report to the
22 general assembly with the percentage of tax filers whose
23 information was provided to the office under section 6 of this
24 chapter in the prior year who were enrolled in a public health
25 insurance program or qualified health plan as of January 1 of the
26 current year.
27 (b) The report required under subsection (a) must be provided
28 in an electronic format under IC 5-14-6.
29 SECTION 56. IC 34-18-2-14, AS AMENDED BY P.L.182-2016,
30 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 14. "Health care provider" means any of the
32 following:
33 (1) An individual, a partnership, a limited liability company, a
34 corporation, a professional corporation, a facility, or an institution
35 licensed or legally authorized by this state to provide health care
36 or professional services as a physician, psychiatric hospital,
37 hospital, health facility, emergency ambulance service (IC
38 16-18-2-107), dentist, registered or licensed practical nurse,
39 physician assistant, certified nurse midwife, anesthesiologist
40 assistant, optometrist, podiatrist, chiropractor, physical therapist,
41 respiratory care practitioner, occupational therapist, pharmacist,
42 psychologist, paramedic, advanced emergency medical
2022 IN 1158—LS 7067/DI 137 44
1 technician, or emergency medical technician, or a person who is
2 an officer, employee, or agent of the individual, partnership,
3 corporation, professional corporation, facility, or institution acting
4 in the course and scope of the person's employment.
5 (2) A college, university, or junior college that provides health
6 care to a student, faculty member, or employee, and the governing
7 board or a person who is an officer, employee, or agent of the
8 college, university, or junior college acting in the course and
9 scope of the person's employment.
10 (3) A blood bank, community mental health center, community
11 intellectual disability center, community health center, or migrant
12 health center.
13 (4) A home health agency (as defined in IC 16-27-1-2).
14 (5) A health maintenance organization (as defined in
15 IC 27-13-1-19).
16 (6) A health care organization whose members, shareholders, or
17 partners are health care providers under subdivision (1).
18 (7) A corporation, limited liability company, partnership, or
19 professional corporation not otherwise qualified under this section
20 that:
21 (A) as one (1) of its functions, provides health care;
22 (B) is organized or registered under state law; and
23 (C) is determined to be eligible for coverage as a health care
24 provider under this article for its health care function.
25 Coverage for a health care provider qualified under this
26 subdivision is limited to its health care functions and does not
27 extend to other causes of action.
28 SECTION 57. IC 34-30-2-81 IS REPEALED [EFFECTIVE JULY
29 1, 2022]. Sec. 81. (a) IC 16-41-7-2 (Concerning the good faith
30 reporting to a health officer of an individual thought to present a
31 serious and present risk to the health of others, to have engaged in
32 noncompliant behavior, or to be at risk of carrying a serious
33 communicable disease).
34 (b) IC 16-41-7-3 (Concerning a physician who provides notification
35 to certain individuals regarding a patient's serious communicable
36 disease).
37 SECTION 58. IC 34-30-13-1.2, AS AMENDED BY P.L.129-2018,
38 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 1.2. (a) Except as provided in section 2 of this
40 chapter, a person who meets each of the following criteria is immune
41 from civil liability resulting from any act or omission related to the
42 provision of a health care service:
2022 IN 1158—LS 7067/DI 137 45
1 (1) Is licensed as any of the following:
2 (A) A physician under IC 25-22.5.
3 (B) A physician assistant under IC 25-27.5.
4 (C) A dentist under IC 25-14.
5 (D) A nurse under IC 25-23.
6 (E) An advanced practice registered nurse (as defined in
7 IC 25-23-1-1(b)) who is licensed under IC 25-23.
8 (F) An optometrist under IC 25-24.
9 (G) A podiatrist under IC 25-29.
10 (H) A pharmacist licensed under IC 25-26.
11 (2) Provides the health care service:
12 (A) voluntarily;
13 (B) to another individual;
14 (C) without compensation;
15 (D) within the scope of the person's license described in
16 subdivision (1); and
17 (E) at a location that is determined to be appropriate and listed
18 on the health care volunteer registry under IC 25-22.5-15.
19 (3) Notifies, before providing the health care service:
20 (A) the individual receiving the health care service; or
21 (B) the person who is legally responsible for the care of the
22 individual receiving the health care service;
23 that the person providing the health care service is immune from
24 civil liability in relation to the provision of the health care service.
25 (4) Obtains the signature of:
26 (A) the individual receiving the health care service; or
27 (B) the person who is legally responsible for the care of the
28 individual receiving the health care service;
29 on a waiver that states the person providing the health care
30 service is immune from civil liability in relation to the provision
31 of the health care service.
32 (5) Is listed on the health care volunteer registry under
33 IC 25-22.5-15.
34 (b) The immunity provided under this chapter applies to:
35 (1) dental services provided in a dental office; and
36 (2) health care services that are provided in a setting other than:
37 (A) a physician's office;
38 (B) an entity licensed or certified by the state department of
39 health;
40 (C) a health care facility, including a facility that receives
41 federal funding; or
42 (D) any other permanent facility in which the primary purpose
2022 IN 1158—LS 7067/DI 137 46
1 is to provide health care services.
2 (c) A sponsoring organization, owner, operator, lessor, or lessee:
3 (1) of a location described in subsection (a)(2)(E); and
4 (2) that:
5 (A) permits a person described in subsection (a) to provide a
6 health care service at the location as described in this section;
7 and
8 (B) receives no compensation for permitting the provision of
9 the health care service as described in clause (A);
10 is immune from civil liability resulting from an act or omission related
11 to the provision of the health care service.
12 (d) A person who provides a health care service as described in this
13 section may recommend laboratory and imaging based screenings and
14 tests, and provide written documentation of the recommendation, to:
15 (1) the individual receiving the health care service; or
16 (2) the person who is legally responsible for the care of the
17 individual receiving the health care service.
18 SECTION 59. IC 34-46-2-10 IS REPEALED [EFFECTIVE JULY
19 1, 2022]. Sec. 10. IC 16-41-7-3 (Concerning warning by physician of
20 serious communicable disease).
21 SECTION 60. IC 35-48-1-24 IS AMENDED TO READ AS
22 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 24. "Practitioner"
23 means a physician, dentist, veterinarian, scientific investigator,
24 pharmacist, pharmacy, hospital, or other institution or individual
25 licensed, registered, or otherwise permitted to distribute, dispense,
26 conduct research with respect to, or administer a controlled substance
27 in the course of professional practice or research in Indiana.
28 SECTION 61. IC 35-52-16-42 IS REPEALED [EFFECTIVE JULY
29 1, 2022]. Sec. 42. IC 16-41-7-5 defines a crime concerning
30 communicable diseases.
31 SECTION 62. IC 35-52-16-58 IS REPEALED [EFFECTIVE JULY
32 1, 2022]. Sec. 58. IC 16-41-14-17 defines a crime concerning
33 communicable diseases.
34 SECTION 63. [EFFECTIVE UPON PASSAGE] (a) The terms of
35 members appointed to the division of disability and rehabilitative
36 services advisory council under IC 12-9-4-3, before its amendment
37 by this act, expire June 30, 2022.
38 (b) This SECTION expires July 1, 2023.
39 SECTION 64. [EFFECTIVE JULY 1, 2022] (a) IC 27-1-24.5-29,
40 as added by this act, applies to an agreement between a health plan
41 and a pharmacy benefit manager that is entered into, delivered,
42 amended, or renewed after June 30, 2022.
2022 IN 1158—LS 7067/DI 137 47
1 (b) IC 27-8-38, as added by this act, applies to a policy of
2 accident and sickness insurance that is issued, delivered, amended,
3 or renewed after June 30, 2022.
4 (c) IC 27-13-7-28, as added by this act, applies to an individual
5 contract or a group contract that is entered into, delivered,
6 amended, or renewed after June 30, 2022.
7 (d) This SECTION expires July 1, 2025.
8 SECTION 65. An emergency is declared for this act.
2022 IN 1158—LS 7067/DI 137