IN
Indiana House Bill HB1169

Indiana 2022 Regular Session

Indiana House Bill HB1169 Compare Versions

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1+*EH1169.3*
2+Reprinted
3+March 1, 2022
4+ENGROSSED
5+HOUSE BILL No. 1169
6+_____
7+DIGEST OF HB 1169 (Updated February 28, 2022 3:09 pm - DI 104)
8+Citations Affected: IC 5-10; IC 5-22; IC 12-8; IC 16-18; IC 16-19;
9+IC 16-21; IC 16-38; IC 16-42; IC 16-46; IC 20-35; IC 21-38; IC 25-1;
10+IC 25-27; IC 27-8; IC 35-45; IC 36-2.
11+Synopsis: Health matters. Prohibits certain health insurance plans
12+from requiring authorization for covered early intervention services
13+under an individualized family service plan signed by an advanced
14+practice registered nurse (APRN). Repeals and relocates laws
15+concerning: (1) rules regulating the sanitary operation of tattoo parlors
16+and body piercing facilities; (2) allowing the executive board of the
17+(Continued next page)
18+Effective: Upon passage; July 1, 2022.
19+Clere, Barrett, Lehman, Fleming
20+(SENATE SPONSORS — CRIDER, CHARBONNEAU, BUSCH, BREAUX)
21+January 6, 2022, read first time and referred to Committee on Public Health.
22+January 13, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
23+Means pursuant to Rule 127.
24+January 20, 2022, reported — Do Pass.
25+January 24, 2022, read second time, amended, ordered engrossed.
26+January 25, 2022, engrossed. Read third time, passed. Yeas 90, nays 0.
27+SENATE ACTION
28+February 2, 2022, read first time and referred to Committee on Health and Provider
29+Services.
30+February 17, 2022, reported favorably — Do Pass; reassigned to Committee on
31+Appropriations.
32+February 24, 2022, amended, reported favorably — Do Pass.
33+February 28, 2022, read second time, amended, ordered engrossed.
34+EH 1169—LS 7145/DI 77 Digest Continued
35+state department of health (board) to adopt rules on behalf of the state
36+department of health (department); (3) allowing the board to adopt
37+emergency rules; (4) sanitation of public buildings and institutions; and
38+(5) authority to adopt rules concerning the federal Clinical Laboratory
39+Improvement Amendments. Repeals laws concerning: (1) safety
40+guidelines for children during bad weather conditions; (2) automated
41+external defibrillator rules in health clubs; (3) requiring the state health
42+commissioner (commissioner) to comment on certain rules; (4) fees for
43+serological tests; (5) the administrative unit for special institutions; (6)
44+protection and regulation of department property; and (7) the registry
45+of blind persons. Removes intemperance as a reason to remove a local
46+health officer. Specifies that the department may request the office of
47+administrative law proceedings to designate a person to administer a
48+proceeding. Requires the department to provide facilities and
49+disseminate information to the public concerning oral public health.
50+Allows the department to have a designee to maintain a 24 hour
51+poisons answering service. Adds information on prenatal care to the
52+department's telephone information service concerning children with
53+long term health care needs. Changes the reference from "illegal drug
54+use" to "substance abuse disorder" for purposes of partnership and joint
55+ventures with the department. Requires the department to employ a
56+licensed physician as the chief medical officer. Allows the chief
57+medical officer to perform the functions of the commissioner when the
58+commissioner is not available. Specifies that the state health laboratory
59+(laboratory) must be used to support public health. Changes the title of
60+the person who manages the laboratory. Removes certain requirements
61+concerning the appointment of the laboratory director and chemist.
62+Removes a requirement that a director must report to the
63+commissioner. Requires holders of a certificate of public advantage to
64+pay for reasonable charges incurred by the department. Changes the
65+requirement that the department "shall" to "may" use information
66+compiled by a public or private entity to the greatest extent possible to
67+develop a chronic disease registry. Allows the department to issue a
68+certificate of free sale to a business that meets certain requirements.
69+Amends the definition of "person" for purposes of the state health
70+improvement plan and grant program. Amends the definition of "deaf
71+or hard of hearing" for purposes of the laws governing language
72+development for children who are deaf or hard of hearing. Authorizes
73+an APRN to sign an order or referral for physical therapy. Requires a
74+health insurance plan to provide coverage for diabetes self-
75+management training ordered by an APRN. Provides that a county
76+coroner may not certify the cause of death for certain infants as a
77+sudden unexplained infant death until a comprehensive death
78+investigation is performed.
79+EH 1169—LS 7145/DI 77EH 1169—LS 7145/DI 77 Reprinted
80+March 1, 2022
181 Second Regular Session of the 122nd General Assembly (2022)
282 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
383 Constitution) is being amended, the text of the existing provision will appear in this style type,
484 additions will appear in this style type, and deletions will appear in this style type.
585 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
686 provision adopted), the text of the new provision will appear in this style type. Also, the
787 word NEW will appear in that style type in the introductory clause of each SECTION that adds
888 a new provision to the Indiana Code or the Indiana Constitution.
989 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1090 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1169
12-AN ACT to amend the Indiana Code concerning health.
91+ENGROSSED
92+HOUSE BILL No. 1169
93+A BILL FOR AN ACT to amend the Indiana Code concerning
94+health.
1395 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 5-10-8-7.3, AS AMENDED BY P.L.133-2020,
96+1 SECTION 1. IC 5-10-8-7.3, AS AMENDED BY P.L.133-2020,
97+2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
98+3 JULY 1, 2022]: Sec. 7.3. (a) As used in this section, "covered
99+4 individual" means an individual who is:
100+5 (1) covered under a self-insurance program established under
101+6 section 7(b) of this chapter to provide group health coverage; or
102+7 (2) entitled to services under a contract with a prepaid health care
103+8 delivery plan that is entered into or renewed under section 7(c) of
104+9 this chapter.
105+10 (b) As used in this section, "early intervention services" means
106+11 services provided to a first steps child under IC 12-12.7-2 and 20
107+12 U.S.C. 1432(4).
108+13 (c) As used in this section, "first steps child" means an infant or
109+14 toddler from birth through two (2) years of age who is enrolled in the
110+15 Indiana first steps program and is a covered individual.
111+EH 1169—LS 7145/DI 77 2
112+1 (d) As used in this section, "first steps program" refers to the
113+2 program established under IC 12-12.7-2 and 20 U.S.C. 1431 et seq. to
114+3 meet the needs of:
115+4 (1) children who are eligible for early intervention services; and
116+5 (2) their families.
117+6 The term includes the coordination of all available federal, state, local,
118+7 and private resources available to provide early intervention services
119+8 within Indiana.
120+9 (e) As used in this section, "health benefits plan" means a:
121+10 (1) self-insurance program established under section 7(b) of this
122+11 chapter to provide group health coverage; or
123+12 (2) contract with a prepaid health care delivery plan that is
124+13 entered into or renewed under section 7(c) of this chapter.
125+14 (f) A health benefits plan that provides coverage for early
126+15 intervention services shall reimburse the first steps program a monthly
127+16 fee established by the division of disability and rehabilitative services
128+17 established by IC 12-9-1-1. Except when the monthly fee is less than
129+18 the product determined under IC 12-12.7-2-23(b), the monthly fee shall
130+19 be provided instead of claims processing of individual claims.
131+20 (g) The reimbursement required under subsection (f) may not be
132+21 applied to any annual or aggregate lifetime limit on the first steps
133+22 child's coverage under the health benefits plan.
134+23 (h) The first steps program may pay required deductibles,
135+24 copayments, or other out-of-pocket expenses for a first steps child
136+25 directly to a provider. A health benefits plan shall apply any payments
137+26 made by the first steps program to the health benefits plan's
138+27 deductibles, copayments, or other out-of-pocket expenses according to
139+28 the terms and conditions of the health benefits plan.
140+29 (i) A health benefits plan may not require authorization for services
141+30 specified in the covered individual's individualized family service plan,
142+31 if those services are a covered benefit under the plan, once the
143+32 individualized family service plan is signed by a physician or an
144+33 advanced practice registered nurse.
145+34 (j) The department of insurance shall adopt rules under IC 4-22-2
146+35 to ensure compliance with this section.
147+36 SECTION 2. IC 5-22-12-1 IS AMENDED TO READ AS
148+37 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. This chapter applies
149+38 only to the following governmental bodies:
150+39 (1) A state institution (as defined in IC 12-7-2-184).
151+40 (2) A penal facility operated by the department of correction.
152+41 (3) An institution operated by the state department of health under
153+42 IC 16-19-6.
154+EH 1169—LS 7145/DI 77 3
155+1 (4) (3) A political subdivision.
156+2 SECTION 3. IC 12-8-10-1, AS AMENDED BY P.L.32-2021,
157+3 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
158+4 JULY 1, 2022]: Sec. 1. This chapter applies only to the indicated
159+5 money of the following state agencies to the extent that the money is
160+6 used by the agency to obtain services from grantee agencies to carry
161+7 out the program functions of the agency:
162+8 (1) Money appropriated or allocated to a state agency from money
163+9 received by the state under the federal Social Services Block
164+10 Grant Act (42 U.S.C. 1397 et seq.).
165+11 (2) The division of aging, except this chapter does not apply to
166+12 money expended under the following:
167+13 (A) The following statutes, unless application of this chapter
168+14 is required by another subdivision of this section:
169+15 (i) IC 12-10-6.
170+16 (ii) IC 12-10-12 (before its expiration).
171+17 (B) Epilepsy services.
172+18 (3) The division of family resources, for money expended under
173+19 the following programs:
174+20 (A) The child development associate scholarship program.
175+21 (B) The dependent care program.
176+22 (C) Migrant day care.
177+23 (D) The commodities program.
178+24 (E) The migrant nutrition program.
179+25 (F) Any emergency shelter program.
180+26 (G) The energy weatherization program.
181+27 (4) The state department of health, for money expended under the
182+28 following statutes:
183+29 (A) IC 16-19-10.
184+30 (B) IC 16-38-3.
185+31 (5) The group.
186+32 (6) All state agencies, for any other money expended for the
187+33 purchase of services if all the following apply:
188+34 (A) The purchases are made under a contract between the state
189+35 agency and the office of the secretary.
190+36 (B) The contract includes a requirement that the office of the
191+37 secretary perform the duties and exercise the powers described
192+38 in this chapter.
193+39 (C) The contract is approved by the budget agency.
194+40 (7) The division of mental health and addiction.
195+41 SECTION 4. IC 16-18-2-4 IS REPEALED [EFFECTIVE JULY 1,
196+42 2022]. Sec. 4. "Administrative unit", for purposes of IC 16-19-6, has
197+EH 1169—LS 7145/DI 77 4
198+1 the meaning set forth in IC 16-19-6-1.
199+2 SECTION 5. IC 16-18-2-52.2 IS ADDED TO THE INDIANA
200+3 CODE AS A NEW SECTION TO READ AS FOLLOWS
201+4 [EFFECTIVE JULY 1, 2022]: Sec. 52.2. "Certificate of free sale",
202+5 for purposes of IC 16-42-18.5, has the meaning set forth in
203+6 IC 16-42-18.5-1.
204+7 SECTION 6. IC 16-18-2-62 IS AMENDED TO READ AS
205+8 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 62. (a) "Commission",
206+9 for purposes of IC 16-19-6, refers to the commission for special
207+10 institutions.
208+11 (b) (a) "Commission", for purposes of IC 16-31, refers to the
209+12 Indiana emergency medical services commission.
210+13 (c) (b) "Commission", for purposes of IC 16-46-11.1, has the
211+14 meaning set forth in IC 16-46-11.1-1.
212+15 SECTION 7. IC 16-19-2-9 IS AMENDED TO READ AS
213+16 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. The members shall
214+17 elect one (1) member as chairman chairperson of the executive board.
215+18 The chairman chairperson shall serve for a term of two (2) years,
216+19 unless the person's term of office as a member of the executive board
217+20 expires sooner.
218+21 SECTION 8. IC 16-19-3-4, AS AMENDED BY P.L.113-2014,
219+22 SECTION 102, IS AMENDED TO READ AS FOLLOWS
220+23 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The executive board may, by
221+24 an affirmative vote of a majority of its members, adopt reasonable rules
222+25 on behalf of the state department to protect or to improve the public
223+26 health in Indiana.
224+27 (b) The rules may concern but are not limited to the following:
225+28 (1) Nuisances dangerous to public health.
226+29 (2) The pollution of any water supply other than where
227+30 jurisdiction is in the environmental rules board and department of
228+31 environmental management.
229+32 (3) The disposition of excremental and sewage matter.
230+33 (4) The control of fly and mosquito breeding places.
231+34 (5) The detection, reporting, prevention, and control of diseases
232+35 that affect public health.
233+36 (6) The care of maternity and infant cases and the conduct of
234+37 maternity homes.
235+38 (7) The production, distribution, and sale of human food.
236+39 (8) Except as provided in section 4.4 of this chapter, the conduct
237+40 of camps.
238+41 (9) Standards of cleanliness of eating facilities for the public.
239+42 (10) Standards of cleanliness of sanitary facilities offered for
240+EH 1169—LS 7145/DI 77 5
241+1 public use.
242+2 (11) The handling, disposal, disinterment, and reburial of dead
243+3 human bodies.
244+4 (12) Vital statistics.
245+5 (13) Sanitary conditions and facilities in public buildings and
246+6 grounds, including plumbing, drainage, sewage disposal, water
247+7 supply, lighting, heating, and ventilation, other than where
248+8 jurisdiction is vested by law in the fire prevention and building
249+9 safety commission or other state agency.
250+10 (14) The design, construction, and operation of swimming and
251+11 wading pools. However, the rules governing swimming and
252+12 wading pools do not apply to a pool maintained by an individual
253+13 for the sole use of the individual's household and house guests.
254+14 (c) The executive board shall adopt reasonable rules to regulate
255+15 the following:
256+16 (1) The sanitary operation of tattoo parlors.
257+17 (2) The sanitary operation of body piercing facilities.
258+18 (d) The executive board may adopt rules on behalf of the state
259+19 department for the efficient enforcement of this title, except as
260+20 otherwise provided. However, fees for inspections relating to
261+21 weight and measures may not be established by the rules.
262+22 (e) The executive board may declare that a rule described in
263+23 subsection (d) is necessary to meet an emergency and adopt the
264+24 rule under IC 4-22-2-37.1.
265+25 (f) The rules of the state department may not be inconsistent
266+26 with this title and or any other state law.
267+27 SECTION 9. IC 16-19-3-4.1 IS REPEALED [EFFECTIVE JULY
268+28 1, 2022]. Sec. 4.1. The executive board shall adopt reasonable rules to
269+29 regulate the sanitary operation of tattoo parlors.
270+30 SECTION 10. IC 16-19-3-4.2 IS REPEALED [EFFECTIVE JULY
271+31 1, 2022]. Sec. 4.2. The executive board shall adopt reasonable rules to
272+32 regulate the sanitary operation of body piercing facilities.
273+33 SECTION 11. IC 16-19-3-5 IS REPEALED [EFFECTIVE JULY 1,
274+34 2022]. Sec. 5. (a) The executive board may adopt rules on behalf of the
275+35 state department for the efficient enforcement of this title, except as
276+36 otherwise provided. However, fees for inspections relating to weight
277+37 and measures may not be established by the rules.
278+38 (b) The executive board may declare that a rule described in
279+39 subsection (a) is necessary to meet an emergency and adopt the rule
280+40 under IC 4-22-2-37.1.
281+41 SECTION 12. IC 16-19-3-6 IS REPEALED [EFFECTIVE JULY 1,
282+42 2022]. Sec. 6. The rules of the state department may not be inconsistent
283+EH 1169—LS 7145/DI 77 6
284+1 with this title or any other Indiana statute.
285+2 SECTION 13. IC 16-19-3-6.5 IS REPEALED [EFFECTIVE JULY
286+3 1, 2022]. Sec. 6.5. (a) The state department shall adopt guidelines
287+4 concerning the safety of children during bad weather conditions.
288+5 (b) The guidelines adopted under subsection (a) must include a
289+6 listing of places that are safe during the following types of weather
290+7 conditions:
291+8 (A) Blizzards.
292+9 (B) Tornados.
293+10 (C) Rain storms.
294+11 (D) Lightning storms.
295+12 (E) Hail storms.
296+13 (F) Wind storms.
297+14 (G) Extreme heat.
298+15 (H) Any other weather condition for which the National Weather
299+16 Service issues an advisory, a watch, or a warning.
300+17 (c) The guidelines adopted under subsection (a) must cover the
301+18 following types of events and places where children may be exposed to
302+19 weather conditions:
303+20 (1) Schools and activities organized by schools.
304+21 (2) Child care centers and child care homes licensed under
305+22 IC 12-17.2.
306+23 (3) Preschool (as defined in IC 12-7-2-143.5).
307+24 (4) Organized sporting events.
308+25 (5) Public parks.
309+26 (d) The state department shall:
310+27 (1) distribute the guidelines adopted under subsection (a) to the
311+28 department of education, which shall then distribute the
312+29 guidelines to each:
313+30 (A) school corporation; and
314+31 (B) nonpublic school; and
315+32 (2) make available the guidelines adopted under subsection (a) to
316+33 any person that:
317+34 (A) operates a place; or
318+35 (B) organizes or conducts an activity or event;
319+36 described in subsection (c).
320+37 SECTION 14. IC 16-19-3-7 IS AMENDED TO READ AS
321+38 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) The state
322+39 department may make sanitary inspections and surveys throughout
323+40 Indiana and of all public buildings and institutions.
324+41 (b) The state department may make indoor air quality inspections of
325+42 all public buildings and institutions that are occupied by an agency of
326+EH 1169—LS 7145/DI 77 7
327+1 state or local government.
328+2 (c) The state department may enforce all laws and rules
329+3 concerning the character and location of plumbing, drainage,
330+4 water supply, disposal of sewage, lighting, heating, and ventilation
331+5 and all sanitary features of all public buildings and institutions.
332+6 (c) (d) After due notice is given, the state department may enter
333+7 upon and inspect private property in regard to the presence of cases of
334+8 infectious and contagious diseases and the possible cause and source
335+9 of diseases.
336+10 SECTION 15. IC 16-19-3-8 IS REPEALED [EFFECTIVE JULY 1,
337+11 2022]. Sec. 8. The state department may enforce all laws and rules
338+12 concerning the character and location of plumbing, drainage, water
339+13 supply, disposal of sewage, lighting, heating, and ventilation and all
340+14 sanitary features of all public buildings and institutions.
341+15 SECTION 16. IC 16-19-3-13 IS AMENDED TO READ AS
342+16 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. The state
343+17 department may remove a local health officer in the state for any of the
344+18 following reasons:
345+19 (1) Intemperance.
346+20 (2) (1) Failure to collect vital statistics.
347+21 (3) (2) Failure to obey rules.
348+22 (4) (3) Failure to keep records.
349+23 (5) (4) Failure to make reports.
350+24 (6) (5) Failure to answer letters of inquiry of the state department
351+25 concerning the health of the people.
352+26 (7) (6) Neglect of official duty.
353+27 SECTION 17. IC 16-19-3-17 IS AMENDED TO READ AS
354+28 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 17. Whenever a hearing
355+29 is provided for or authorized to be held by the state department, the
356+30 state department may request that the office of administrative law
357+31 proceedings designate a person as the state department's agent or
358+32 representative to conduct the hearings. administer the proceeding.
359+33 The agent or representative selected by the office of administrative
360+34 law proceedings shall conduct the hearings administer the
361+35 proceeding in the manner provided by law.
362+36 SECTION 18. IC 16-19-3-20 IS AMENDED TO READ AS
363+37 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 20. The state
364+38 department shall provide facilities and personnel for investigation,
365+39 research, and dissemination of knowledge to the public concerning
366+40 dental oral public health.
367+41 SECTION 19. IC 16-19-3-22 IS AMENDED TO READ AS
368+42 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 22. (a) The state
369+EH 1169—LS 7145/DI 77 8
370+1 department or the state department's designee shall maintain a
371+2 toll-free telephone answering service to provide information on safety
372+3 precautions and emergency procedures with regard to poisons.
373+4 (b) The telephone number shall be widely disseminated throughout
374+5 Indiana and shall be manned on a twenty-four (24) hour per day basis.
375+6 (c) The telephone companies in Indiana, the state department, all
376+7 hospitals, and all other boards or commissions registering or licensing
377+8 health care professions or emergency medical services shall cooperate
378+9 in making the toll-free telephone number available to the public.
379+10 SECTION 20. IC 16-19-3-23 IS AMENDED TO READ AS
380+11 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 23. (a) The state
381+12 department shall maintain a toll-free telephone line to provide
382+13 information, referral, follow-up, and personal assistance concerning
383+14 federal, state, local, and private programs that provide the following:
384+15 (1) Services to children less than twenty-one (21) years of age
385+16 with long term health care needs.
386+17 (2) Assistance to pregnant women to obtain prenatal care and
387+18 other services to promote healthy women, babies, and
388+19 families.
389+20 (b) The state department shall provide the telephone service
390+21 required in subsection (a) to the following:
391+22 (1) Families with children having long term health care needs.
392+23 (2) Pregnant women.
393+24 (2) (3) Health care providers.
394+25 (3) (4) Employees of state and local governmental entities.
395+26 (4) (5) Educators.
396+27 (5) (6) Other entities that provide services to children with long
397+28 term health care needs.
398+29 (b) (c) The state department may adopt rules under IC 4-22-2 to
399+30 implement this section.
400+31 SECTION 21. IC 16-19-3-27.5, AS ADDED BY P.L.261-2019,
401+32 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
402+33 JULY 1, 2022]: Sec. 27.5. (a) As used in this section, "technology new
403+34 to Indiana" (referred to in this section as "TNI") means sewage
404+35 treatment or disposal methods, processes, or equipment that are not
405+36 described in the administrative rules of the state department or the
406+37 executive board concerning residential onsite sewage systems (410
407+38 IAC 6-8.3) or commercial onsite sewage systems (410 IAC 6-10.1).
408+39 (b) The state department shall establish and maintain a technical
409+40 review panel consisting of individuals with technical or scientific
410+41 knowledge relating to onsite sewage systems. The technical review
411+42 panel shall:
412+EH 1169—LS 7145/DI 77 9
413+1 (1) decide under subsection (f) whether to approve:
414+2 (A) proprietary residential wastewater treatment devices; and
415+3 (B) proprietary commercial wastewater treatment devices;
416+4 for general use in Indiana;
417+5 (2) biannually review the performance of residential septic
418+6 systems and commercial onsite sewage systems;
419+7 (3) assist the state department in developing standards and
420+8 guidelines for proprietary residential wastewater treatment
421+9 devices and proprietary commercial wastewater treatment
422+10 devices; and
423+11 (4) assist the executive board and the state department in updating
424+12 rules adopted under sections section 4 and 5 of this chapter
425+13 concerning residential septic systems and commercial onsite
426+14 sewage systems.
427+15 (c) The technical review panel shall include the following:
428+16 (1) A member of the staff of the state department, who shall serve
429+17 as the chair.
430+18 (2) A local health department environmental health specialist
431+19 appointed by the governor.
432+20 (3) An Indiana professional engineer registered under IC 25-31-1
433+21 representing the American Council of Engineering Companies.
434+22 (4) A representative of the Indiana Builders Association.
435+23 (5) An Indiana registered professional soil scientist (as defined in
436+24 IC 25-31.5-1-6) representing the Indiana Registry of Soil
437+25 Scientists.
438+26 (6) A representative of an Indiana college or university with a
439+27 specialty in engineering, soil science, environmental health, or
440+28 biology appointed by the governor.
441+29 (7) A representative of the Indiana Onsite Wastewater
442+30 Professionals Association.
443+31 (8) An Indiana onsite sewage system contractor appointed by the
444+32 governor.
445+33 (9) A representative of the Indiana State Building and
446+34 Construction Trades Council.
447+35 All members of the technical review panel are voting members.
448+36 (d) In the case of a tie vote of the technical review panel, the
449+37 technical review panel shall, not more than seven (7) days after the day
450+38 of the tie vote:
451+39 (1) contact the applicant by phone call and by mail; and
452+40 (2) request more information or provide an explanation of how the
453+41 applicant can modify the application to make it more complete.
454+42 The technical review panel shall review any new information provided
455+EH 1169—LS 7145/DI 77 10
456+1 by the applicant and vote again on the application not more than thirty
457+2 (30) days after receiving the information.
458+3 (e) The technical review panel shall do the following:
459+4 (1) Receive applications for the approval of TNI for general use
460+5 in:
461+6 (A) residential septic systems under sections 4 and 5 of this
462+7 chapter, section 27 of this chapter and IC 16-41-25; and
463+8 (B) commercial onsite sewage systems under sections 4 and 5
464+9 of this chapter, section 27 of this chapter and IC 16-19-3.5.
465+10 (2) Meet at least four (4) times per year to review applications
466+11 described in subdivision (1).
467+12 (3) Notify each person who submits an application described in
468+13 subdivision (1):
469+14 (A) that the person's application has been received by the
470+15 technical review panel; and
471+16 (B) of whether the application is complete;
472+17 not later than thirty (30) days after the technical review panel
473+18 receives the application.
474+19 (4) Inform each person who submits an application described in
475+20 subdivision (1) of:
476+21 (A) a tentative decision of the technical review panel; or
477+22 (B) the technical review panel's final decision under
478+23 subsection (f);
479+24 concerning the application not more than ninety (90) days after
480+25 the technical review panel notifies the person under subdivision
481+26 (3) that the panel has received the person's application.
482+27 (f) In response to each application described in subsection (e)(1),
483+28 the technical review panel shall make, and inform the applicant of, one
484+29 (1) of the following final decisions:
485+30 (1) That the TNI to which the application relates is approved for
486+31 general use in Indiana.
487+32 (2) That the TNI to which the application relates is approved for
488+33 use in Indiana with certain conditions, which may include:
489+34 (A) a requirement that the TNI be used initially only in a pilot
490+35 project;
491+36 (B) restrictions on the number or type of installations of the
492+37 TNI;
493+38 (C) sampling and analysis requirements for TNI involving or
494+39 comprising a secondary treatment system;
495+40 (D) requirements relating to training concerning the TNI;
496+41 (E) requirements concerning the operation and maintenance of
497+42 the TNI; or
498+EH 1169—LS 7145/DI 77 11
499+1 (F) other requirements.
500+2 (3) That the TNI to which the application relates is approved on
501+3 a project-by-project basis.
502+4 (4) That the TNI is not approved for use in Indiana, which must
503+5 be accompanied by a statement of the reason for the decision.
504+6 (g) If the technical review panel makes a decision under subsection
505+7 (f)(4) that the TNI is not approved for use in Indiana, the applicant
506+8 may:
507+9 (1) submit a new application to the technical review panel under
508+10 this section; or
509+11 (2) file a petition for review of the technical review panel's
510+12 decision under IC 4-21.5-3.
511+13 (h) If the technical review panel fails to notify a person who submits
512+14 an application of the technical review panel's tentative decision or final
513+15 recommendation within ninety (90) days after receiving the application
514+16 as required by subsection (e)(4), the person who submitted the
515+17 application may use the TNI to which the application relates in a single
516+18 residential septic system or commercial onsite sewage system, as if the
517+19 TNI had been approved only for use in a pilot project.
518+20 (i) The technical review panel shall decide that the TNI to which an
519+21 application relates is approved for general use in Indiana if:
520+22 (1) the TNI has been certified as meeting the NSF/ANSI 40
521+23 Standard;
522+24 (2) a proposed Indiana design and installation manual for the TNI
523+25 is submitted with the permit application; and
524+26 (3) the technical review panel certifies that the proposed Indiana
525+27 design and installation manual meets the vertical and horizontal
526+28 separation, sizing, and soil loading criteria of the state
527+29 department.
528+30 (j) Subsection (k) applies if:
529+31 (1) a particular TNI meets the requirements of NSF/ANSI 40,
530+32 NSF/ANSI 245, or NSF/ANSI 350;
531+33 (2) the proposed Indiana design and installation manual for the
532+34 TNI meets the vertical and horizontal separation, sizing, and soil
533+35 loading criteria of the state department; and
534+36 (3) an Indiana professional engineer registered under IC 25-31-1
535+37 prepares site specific plans for the use of the TNI for a residential
536+38 or commercial application.
537+39 (k) In a case described in subsection (j):
538+40 (1) if the TNI is to be used in a residential application, the site
539+41 specific plans prepared under subsection (j)(3), after being
540+42 submitted to the local health department of the county, city, or
541+EH 1169—LS 7145/DI 77 12
542+1 multiple county unit in which the TNI would be installed, may be
543+2 approved by the local health department within the period set
544+3 forth in IC 16-41-25-1(a); and
545+4 (2) if the TNI is to be used in a commercial application, the site
546+5 specific plans prepared under subsection (j)(3) shall be approved
547+6 by the state department upon submission of the site specific plans.
548+7 SECTION 22. IC 16-19-3-29.2 IS REPEALED [EFFECTIVE JULY
549+8 1, 2022]. Sec. 29.2. The state department may adopt rules under
550+9 IC 4-22-2 to implement the requirements set forth in IC 24-4-15
551+10 concerning automated external defibrillators in health clubs.
552+11 SECTION 23. IC 16-19-3-30.5, AS ADDED BY P.L.208-2015,
553+12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
554+13 JULY 1, 2022]: Sec. 30.5. The state department may enter into
555+14 partnerships and joint ventures to encourage best practices in the
556+15 following:
557+16 (1) The identification and testing of populations at risk of disease
558+17 related to illegal drug use. substance abuse disorder.
559+18 (2) The health care treatment of incarcerated individuals for
560+19 conditions related to illegal drug use. substance abuse disorder.
561+20 SECTION 24. IC 16-19-3-32 IS ADDED TO THE INDIANA
562+21 CODE AS A NEW SECTION TO READ AS FOLLOWS
563+22 [EFFECTIVE JULY 1, 2022]: Sec. 32. (a) The state department shall
564+23 employ a licensed physician as chief medical officer for the state
565+24 department.
566+25 (b) The chief medical officer serves as an advisor to the state
567+26 health commissioner on clinical matters and may perform the
568+27 functions of the commissioner when the commissioner is not
569+28 available.
570+29 SECTION 25. IC 16-19-4-9 IS REPEALED [EFFECTIVE JULY 1,
571+30 2022]. Sec. 9. (a) This section applies:
572+31 (1) when a proposed rule is published in the Indiana Register by:
573+32 (A) the office of the secretary of family and social services;
574+33 (B) a division of family and social services; or
575+34 (C) the office of Medicaid policy and planning; and
576+35 (2) if the state department has rule making authority in an area
577+36 similar to the area that would be affected by the proposed rule.
578+37 (b) The commissioner shall submit written comments on a proposed
579+38 rule to the entity described in subsection (a) that proposed the rule not
580+39 more than thirty (30) days after the rule is published in the Indiana
581+40 Register.
582+41 SECTION 26. IC 16-19-5-1 IS AMENDED TO READ AS
583+42 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) In addition to
584+EH 1169—LS 7145/DI 77 13
585+1 other fees provided by this title, the state department may establish and
586+2 collect reasonable fees for specific services described under subsection
587+3 (b) provided by the state department. The fees may not exceed the cost
588+4 of services provided.
589+5 (b) Fees may be charged for the following services:
590+6 (1) Plan reviews conducted under rules adopted under
591+7 IC 16-19-3-4(b)(13).
592+8 (2) Licensing of agricultural labor camps under IC 16-41-26.
593+9 (3) Services provided to persons other than governmental entities
594+10 under rules adopted under IC 16-19-3-5. IC 16-19-3-4(d).
595+11 (4) Services provided by the state health laboratory under
596+12 IC 16-19-8.
597+13 (5) Services provided under IC 16-19-11-3.
598+14 (6) (5) Services provided under IC 24-6 by the state metrology
599+15 laboratory.
600+16 SECTION 27. IC 16-19-5-2 IS REPEALED [EFFECTIVE JULY 1,
601+17 2022]. Sec. 2. In addition to other fees provided by this title, the state
602+18 department shall charge and collect the following fees:
603+19 (1) For performance of any standard serological test for an
604+20 applicant for a marriage license, two dollars and fifty cents
605+21 ($2.50).
606+22 (2) Fees prescribed in IC 16-19-3-21.
607+23 SECTION 28. IC 16-19-5-4, AS AMENDED BY P.L.32-2021,
608+24 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
609+25 JULY 1, 2022]: Sec. 4. (a) The weights and measures fund is
610+26 established for the purpose of providing funds for training and
611+27 equipment for weights and measures inspectors and the state metrology
612+28 laboratory. The state department shall administer the fund.
613+29 (b) The fund consists of fees collected under section 1(b)(6) 1(b)(5)
614+30 of this chapter.
615+31 (c) Money in the fund at the end of a state fiscal year does not revert
616+32 to the state general fund.
617+33 SECTION 29. IC 16-19-6 IS REPEALED [EFFECTIVE JULY 1,
618+34 2022]. (Administrative Unit for Special Institutions).
619+35 SECTION 30. IC 16-19-8-2 IS AMENDED TO READ AS
620+36 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The state health
621+37 laboratory shall be located at in Indianapolis and shall be used to:
622+38 (1) analyze foods and drugs for the purpose of enforcing the pure
623+39 food and drug laws; and
624+40 (2) perform sanitary analyses, pathological examinations, and
625+41 studies in hygiene and preventive medicine; and
626+42 (3) support public health activities;
627+EH 1169—LS 7145/DI 77 14
628+1 to aid in the enforcement of the health laws and for no other purpose.
629+2 (b) All work done in the state health laboratory must be done
630+3 exclusively and entirely for the public benefit.
631+4 (c) The state department may establish fee schedules and charges
632+5 for services provided by the state health laboratory.
633+6 SECTION 31. IC 16-19-8-3 IS AMENDED TO READ AS
634+7 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) For the conduct
635+8 of the state health laboratory, the state department shall employ and
636+9 appoint a superintendent laboratory director other than the state
637+10 health commissioner.
638+11 (b) The superintendent laboratory director shall have charge of
639+12 and manage the state health laboratory. The superintendent laboratory
640+13 director is entitled to receive a salary established by the state
641+14 department subject to approval by the budget agency. The
642+15 superintendent laboratory director must be learned and skilled in
643+16 bacteriology and pathology.
644+17 (c) The state department shall also employ a skilled chemist, whose
645+18 salary is established by the state department subject to approval by the
646+19 budget agency.
647+20 (d) Both appointees must be temperate, healthy, well recommended,
648+21 and of good moral character.
649+22 (e) The state department may employ employees the state
650+23 department considers necessary for the successful conduct of the
651+24 laboratory. The state department may define the duties and fix the
652+25 compensation of the employees, whose employment is by consent of
653+26 the governor.
654+27 SECTION 32. IC 16-19-9-1 IS AMENDED TO READ AS
655+28 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. The state department
656+29 is the designated state agency to adopt rules under IC 4-22-2 and
657+30 accept delegation from the federal Department of Health and Human
658+31 Services to carry out the purposes of the Clinical Laboratory
659+32 Improvement Amendments of 1988 (P.L.100-578) (42 U.S.C. 201,
660+33 263a).
661+34 SECTION 33. IC 16-19-9-2 IS REPEALED [EFFECTIVE JULY 1,
662+35 2022]. Sec. 2. The state department is the designated state agency to
663+36 adopt rules under IC 4-22-2 to carry out the purposes of the Clinical
664+37 Laboratory Improvement Amendments of 1988 (P.L.100-578) (42
665+38 U.S.C. 201, 263a).
666+39 SECTION 34. IC 16-19-11 IS REPEALED [EFFECTIVE JULY 1,
667+40 2022]. (Protection and Regulation of State Department of Health
668+41 Property).
669+42 SECTION 35. IC 16-19-12-1 IS AMENDED TO READ AS
670+EH 1169—LS 7145/DI 77 15
671+1 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) Except as
672+2 otherwise provided, a person who recklessly violates or fails to comply
673+3 with the following commits a Class B misdemeanor:
674+4 IC 16-19-1
675+5 IC 16-19-2
676+6 IC 16-19-3
677+7 IC 16-19-4
678+8 IC 16-19-5
679+9 IC 16-19-7
680+10 IC 16-19-10.
681+11 IC 16-19-11.
682+12 (b) Each day a violation continues constitutes a separate offense.
683+13 SECTION 36. IC 16-19-13-4 IS AMENDED TO READ AS
684+14 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The state health
685+15 commissioner shall appoint persons to staff the office, including:
686+16 (1) the director of the office; and
687+17 (2) any other employees that the state health commissioner
688+18 determines are necessary.
689+19 (b) The employees appointed under subsection (a)(2) shall report to
690+20 the director. The director shall report to the state health commissioner.
691+21 (c) The director shall supervise the employees assigned to the office.
692+22 (d) The director shall oversee the administrative functions of the
693+23 office.
694+24 SECTION 37. IC 16-21-15-3, AS ADDED BY P.L.104-2021,
695+25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
696+26 UPON PASSAGE]: Sec. 3. (a) Any hospital entering into a merger
697+27 agreement with another hospital may submit an application to the state
698+28 department for a certificate of public advantage to govern the merger
699+29 agreement in the manner prescribed by the state department. However,
700+30 a hospital may not submit an application under this chapter after July
701+31 1, 2026.
702+32 (b) The application for a certificate of public advantage must
703+33 include the following:
704+34 (1) A written copy of the merger agreement.
705+35 (2) A written description of the nature and scope of the merger.
706+36 (c) Any documentation submitted under this section with the
707+37 application that is deemed to be proprietary information shall be clearly
708+38 identified as proprietary information and a copy of the application with
709+39 the proprietary information redacted for public records must be
710+40 submitted by the applicant.
711+41 (d) An applicant must also file a complete copy of the application
712+42 for a certificate of public advantage with:
713+EH 1169—LS 7145/DI 77 16
714+1 (1) the office of the secretary of family and social services in a
715+2 manner prescribed by the office of the secretary; and
716+3 (2) the office of the attorney general in a manner prescribed by the
717+4 office of the attorney general.
718+5 (e) The state department shall assess a filing fee for an application
719+6 for a certificate of public advantage that is reasonably sufficient to fully
720+7 fund the costs of the review of the application and ongoing supervision
721+8 if the application is granted, including any fees for consultants and
722+9 experts. The state department may not spend any money on the
723+10 implementation of this chapter until the state department has received
724+11 a filed application and received the filing fee.
725+12 (f) If the state department incurs costs of the review of the
726+13 application and administration of the program that exceed the
727+14 application fee collected, the applicant for a certificate of public
728+15 advantage shall pay the reasonable charges incurred by the state
729+16 department, as determined by the state department.
730+17 (g) The reasonable costs of services concerning the program:
731+18 (1) include the cost of fees for consultants and experts; and
732+19 (2) must be commensurate with the usual compensation for
733+20 like services.
734+21 SECTION 38. IC 16-21-15-6, AS ADDED BY P.L.104-2021,
735+22 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
736+23 UPON PASSAGE]: Sec. 6. (a) The state department shall annually
737+24 review a certificate of public advantage issued by the state department
738+25 under this chapter.
739+26 (b) The holder of a certificate of public advantage shall pay the
740+27 reasonable costs incurred by the state department shall require a
741+28 reasonably sufficient fee for the renewal of the certification of public
742+29 advantage that covers the reasonable costs of the ongoing supervision
743+30 of the certification, including any fees for consultants and experts.
744+31 (c) In conducting the review, the state department shall consider
745+32 whether the hospital continues to meet the standards required for the
746+33 issuance of a certificate under this chapter.
747+34 (d) This section expires July 1, 2026.
748+35 SECTION 39. IC 16-21-15-7, AS ADDED BY P.L.104-2021,
749+36 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
750+37 UPON PASSAGE]: Sec. 7. (a) The state department shall monitor a
751+38 hospital operating under a certificate of public advantage issued under
752+39 this chapter to ensure that the conduct of the hospital furthers the
753+40 purposes of this chapter.
754+41 (b) The holder of a certificate of public advantage shall pay the
755+42 reasonable costs incurred by the state department shall assess an
756+EH 1169—LS 7145/DI 77 17
757+1 annual monitoring fee to a hospital issued a certificate of public
758+2 advantage under this chapter that covers to cover the reasonable costs
759+3 of the ongoing monitoring and supervision of the certification,
760+4 including any fees for consultants and experts.
761+5 (c) A hospital operating under a certificate of public advantage may
762+6 not increase the charge for each individual service the hospital offers
763+7 by more than the increase in the preceding year's annual average of the
764+8 Consumer Price Index for Medical Care as published by the federal
765+9 Bureau of Labor Statistics.
766+10 (d) For the first five (5) years that a hospital is operating under a
767+11 certificate of public advantage the hospital must:
768+12 (1) invest the realized cost savings from the identified efficiencies
769+13 and improvements included in the certificate of public advantage
770+14 application in the areas of Indiana the hospital serves for the
771+15 benefit of the community; and
772+16 (2) summarize the realized cost savings and investments in the
773+17 hospital's annual report submitted under section 8 of this chapter.
774+18 SECTION 40. IC 16-38-3 IS REPEALED [EFFECTIVE JULY 1,
775+19 2022]. (Blind Registry).
776+20 SECTION 41. IC 16-38-6-3 IS AMENDED TO READ AS
777+21 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. The state department
778+22 shall may use information compiled by a public or private entity to the
779+23 greatest extent possible in the development of a statewide chronic
780+24 disease registry under this chapter.
781+25 SECTION 42. IC 16-42-18.5 IS ADDED TO THE INDIANA
782+26 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
783+27 [EFFECTIVE JULY 1, 2022]:
784+28 Chapter 18.5. Food: Certificate of Free Sale
785+29 Sec. 1. As used in this chapter, "certificate of free sale" means
786+30 a document that:
787+31 (1) is issued to an Indiana food manufacturer, processor,
788+32 packager, distributor, or warehouser that is inspected by the
789+33 state department; and
790+34 (2) verifies that the specified items are freely marketed in the
791+35 United States and eligible for export to any foreign country,
792+36 if the particular manufacturer, processor, packager,
793+37 distributor, or warehouser does not have any unresolved
794+38 enforcement actions pending before the state department
795+39 under this article or rules adopted by the state department.
796+40 Sec. 2. A certificate of free sale is evidence that goods, including
797+41 food items, are:
798+42 (1) legally sold or distributed in the open market freely
799+EH 1169—LS 7145/DI 77 18
800+1 without restriction; and
801+2 (2) approved by the regulatory authorities in the United
802+3 States.
803+4 Sec. 3. The state department may, upon request of a business,
804+5 issue certificates of free sale for food items manufactured,
805+6 processed, packaged, distributed, or warehoused in Indiana. A
806+7 certificate of free sale may not include more than twenty-five (25)
807+8 items and all items must be from the same manufacturer.
808+9 Sec. 4. Before issuing a certificate of free sale, a business shall
809+10 provide the following to the state department:
810+11 (1) Proof of registration with the Indiana secretary of state.
811+12 (2) The most recent inspection report showing the business is
812+13 in good standing.
813+14 (3) A completed application.
814+15 SECTION 43. IC 16-46-16.5-2, AS ADDED BY P.L.110-2021,
815+16 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
816+17 UPON PASSAGE]: Sec. 2. As used in this chapter, "person" means an
817+18 individual, employer, employer association, nonprofit organization,
818+19 for-profit organization, municipality (as defined in IC 36-1-2-11), unit
819+20 (as defined in IC 36-1-2-23), school corporation, charter school,
820+21 accredited nonpublic school, research institution, health insurance plan,
821+22 health insurance ministry, or any combination of these.
822+23 SECTION 44. IC 20-35-12-6, AS ADDED BY P.L.260-2019,
823+24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
824+25 JULY 1, 2022]: Sec. 6. As used in this chapter, "deaf or hard of
825+26 hearing", which may be referred to as a hearing impairment, means the
826+27 following:
827+28 (1) A disability that, with or without the use of an amplification
828+29 device, adversely affects the student's:
829+30 (A) ability to use hearing for developing language and
830+31 learning;
831+32 (B) educational performance; and
832+33 (C) developmental progress.
833+34 (2) The hearing loss may be:
834+35 (A) permanent or fluctuating;
835+36 (B) mild to profound; or
836+37 (C) unilateral or bilateral.
837+38 (3) Students who are deaf or hard of hearing may use:
838+39 (A) spoken language;
839+40 (B) sign language; or
840+41 (C) a combination of spoken language and signed systems.
841+42 (4) Students who are deaf or hard of hearing who may have:
842+EH 1169—LS 7145/DI 77 19
843+1 (A) an individualized family service plan;
844+2 (B) an individualized education program;
845+3 (C) a plan developed under Section 504 of the federal
846+4 Rehabilitation Act of 1973, 29 U.S.C. 794;
847+5 (D) a service plan;
848+6 (E) a choice special education plan; or
849+7 (F) no educational plan or program.
850+8 SECTION 45. IC 20-35-12-20, AS ADDED BY P.L.260-2019,
851+9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
852+10 JULY 1, 2022]: Sec. 20. Subject to any applicable federal laws, the
853+11 office of the secretary and each school corporation shall provide to the
854+12 center the results of any all tools and assessments administered to a
855+13 child in accordance with this chapter.
856+14 SECTION 46. IC 21-38-6-1, AS AMENDED BY P.L.133-2020,
857+15 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
858+16 JULY 1, 2022]: Sec. 1. (a) An employee health plan that provides
859+17 coverage for early intervention services shall reimburse the first steps
860+18 program a monthly fee established by the division of disability and
861+19 rehabilitative services. Except when the monthly fee is less than the
862+20 product determined under IC 12-12.7-2-23(b), the monthly fee shall be
863+21 provided instead of claims processing of individual claims.
864+22 (b) An employee health plan may not require authorization for
865+23 services specified in the covered individual's individualized family
866+24 service plan, if those services are a covered benefit under the plan,
867+25 once the individualized family service plan is signed by a physician or
868+26 an advanced practice registered nurse.
869+27 (c) The department of insurance shall adopt rules under IC 4-22-2
870+28 to ensure compliance with this section.
871+29 SECTION 47. IC 25-1-2-8, AS AMENDED BY P.L.128-2017,
872+30 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
873+31 JULY 1, 2022]: Sec. 8. This chapter applies to the imposition and
874+32 collection of fees under the following:
875+33 (1) IC 14-24-10.
876+34 IC 16-19-5-2
877+35 (2) IC 25-30-1-17.
878+36 SECTION 48. IC 25-27-1-2, AS AMENDED BY P.L.196-2021,
879+37 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
880+38 JULY 1, 2022]: Sec. 2. (a) Except as otherwise provided in this chapter
881+39 and IC 25-27-2, it is unlawful for a person or business entity to do the
882+40 following:
883+41 (1) Practice physical therapy without first obtaining from the
884+42 board a license authorizing the person to practice physical therapy
885+EH 1169—LS 7145/DI 77 20
886+1 in this state.
887+2 (2) Profess to be or promote an employee to be a physical
888+3 therapist, physiotherapist, doctor of physiotherapy, doctor of
889+4 physical therapy, or registered physical therapist or to use the
890+5 initials "P.T.", "D.P.T.", "L.P.T.", or "R.P.T.", or any other letters,
891+6 words, abbreviations, or insignia indicating that physical therapy
892+7 is provided by a physical therapist, unless physical therapy is
893+8 provided by or under the direction of a physical therapist.
894+9 (3) Advertise services for physical therapy or physiotherapy
895+10 services, unless the individual performing those services is a
896+11 physical therapist.
897+12 (b) Except as provided in subsection (e) and section 2.5 of this
898+13 chapter, it is unlawful for a person to practice physical therapy other
899+14 than upon the order or referral of a physician, a podiatrist, a
900+15 psychologist, a chiropractor, a dentist, nurse practitioner, an advanced
901+16 practice registered nurse, or a physician assistant holding an
902+17 unlimited license to practice medicine, podiatric medicine, psychology,
903+18 chiropractic, dentistry, nursing, or as a physician assistant, respectively.
904+19 It is unlawful for a physical therapist to use the services of a physical
905+20 therapist assistant except as provided under this chapter. For the
906+21 purposes of this subsection, the function of:
907+22 (1) teaching;
908+23 (2) doing research;
909+24 (3) providing advisory services; or
910+25 (4) conducting seminars on physical therapy;
911+26 is not considered to be a practice of physical therapy.
912+27 (c) Except as otherwise provided in this chapter and IC 25-27-2, it
913+28 is unlawful for a person to profess to be or act as a physical therapist
914+29 assistant or to use the initials "P.T.A." or any other letters, words,
915+30 abbreviations, or insignia indicating that the person is a physical
916+31 therapist assistant without first obtaining from the board a certificate
917+32 authorizing the person to act as a physical therapist assistant. It is
918+33 unlawful for the person to act as a physical therapist assistant other
919+34 than under the general supervision of a licensed physical therapist who
920+35 is in responsible charge of a patient. However, nothing in this chapter
921+36 prohibits a person licensed or registered in this state under another law
922+37 from engaging in the practice for which the person is licensed or
923+38 registered. These exempted persons include persons engaged in the
924+39 practice of osteopathic medicine, chiropractic, or podiatric medicine.
925+40 (d) Except as provided in section 2.5 of this chapter, this chapter
926+41 does not authorize a person who is licensed as a physical therapist or
927+42 certified as a physical therapist assistant to:
928+EH 1169—LS 7145/DI 77 21
929+1 (1) evaluate any physical disability or mental disorder except
930+2 upon the order or referral of a physician, a podiatrist, a
931+3 psychologist, a chiropractor, a physician assistant, nurse
932+4 practitioner, an advanced practice registered nurse, or a
933+5 dentist;
934+6 (2) practice medicine, surgery (as described in
935+7 IC 25-22.5-1-1.1(a)(1)(C)), dentistry, optometry, osteopathic
936+8 medicine, psychology, chiropractic, or podiatric medicine; or
937+9 (3) prescribe a drug or other remedial substance used in medicine.
938+10 (e) Upon the referral of a licensed school psychologist, a physical
939+11 therapist who is:
940+12 (1) licensed under this article; and
941+13 (2) an employee or contractor of a school corporation;
942+14 may provide mandated school services to a student that are within the
943+15 physical therapist's scope of practice.
944+16 SECTION 49. IC 27-8-14.5-6 IS AMENDED TO READ AS
945+17 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) A health
946+18 insurance plan issued by an insurer must provide coverage for diabetes
947+19 self-management training that is:
948+20 (1) medically necessary;
949+21 (2) ordered in writing by a physician licensed under IC 25-22.5,
950+22 or a podiatrist licensed under IC 25-29, or an advanced practice
951+23 registered nurse licensed under IC 25-23; and
952+24 (3) provided by a health care professional who:
953+25 (A) is licensed, registered, or certified under IC 25; and
954+26 (B) has specialized training in the management of diabetes.
955+27 (b) Coverage for diabetes self-management training may be limited
956+28 to the following:
957+29 (1) One (1) or more visits after receiving a diagnosis of diabetes.
958+30 (2) One (1) or more visits after receiving a diagnosis by a
959+31 physician licensed under IC 25-22.5 or a podiatrist licensed under
960+32 IC 25-29 that:
961+33 (A) represents a significant change in the insured's symptoms
962+34 or condition; and
963+35 (B) makes changes in the insured's self-management medically
964+36 necessary.
965+37 (3) One (1) or more visits for reeducation or refresher training.
966+38 (c) Coverage for diabetes self-management training is subject to the
967+39 requirements of the health insurance plan regarding the use of
968+40 participating providers.
969+41 SECTION 50. IC 27-8-27-6, AS AMENDED BY P.L.133-2020,
970+42 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
971+EH 1169—LS 7145/DI 77 22
972+1 JULY 1, 2022]: Sec. 6. (a) A health insurance plan that provides
973+2 coverage for early intervention services shall reimburse the first steps
974+3 program a monthly fee established by the division of disability and
975+4 rehabilitative services. Except when the monthly fee is less than the
976+5 product determined under IC 12-12.7-2-23(b), the monthly fee shall be
977+6 provided instead of claims processing of individual claims.
978+7 (b) A health insurance plan may not require authorization for
979+8 services specified in the covered individual's individualized family
980+9 service plan, if those services are a covered benefit under the plan,
981+10 once the individualized family service plan is signed by a physician or
982+11 an advanced practice registered nurse.
983+12 (c) The department of insurance shall adopt rules under IC 4-22-2
984+13 to ensure compliance with this section.
985+14 SECTION 51. IC 35-45-21-4, AS ADDED BY P.L.158-2013,
986+15 SECTION 547, IS AMENDED TO READ AS FOLLOWS
987+16 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) As used in this section,
988+17 "tattoo" means:
989+18 (1) any indelible design, letter, scroll, figure, symbol, or other
990+19 mark placed with the aid of needles or other instruments; or
991+20 (2) any design, letter, scroll, figure, or symbol done by scarring;
992+21 upon or under the skin.
993+22 (b) As used in this section, "body piercing" means the perforation
994+23 of any human body part other than an earlobe for the purpose of
995+24 inserting jewelry or other decoration or for some other nonmedical
996+25 purpose.
997+26 (c) Except as provided in subsection (e), a person who recklessly,
998+27 knowingly, or intentionally provides a tattoo to a person who is less
999+28 than eighteen (18) years of age commits tattooing a minor, a Class A
1000+29 misdemeanor.
1001+30 (d) This subsection does not apply to an act of a health care
1002+31 professional (as defined in IC 16-27-2-1) licensed under IC 25 when
1003+32 the act is performed in the course of the health care professional's
1004+33 practice. Except as provided in subsection (e), a person who recklessly,
1005+34 knowingly, or intentionally performs body piercing upon a person who
1006+35 is less than eighteen (18) years of age commits body piercing a minor,
1007+36 a Class A misdemeanor.
1008+37 (e) A person may provide a tattoo to a person who is less than
1009+38 eighteen (18) years of age or perform body piercing upon a person who
1010+39 is less than eighteen (18) years of age if a parent or legal guardian of
1011+40 the person receiving the tattoo or undergoing the body piercing:
1012+41 (1) is present at the time the tattoo is provided or the body
1013+42 piercing is performed; and
1014+EH 1169—LS 7145/DI 77 23
1015+1 (2) provides written permission for the person to receive the tattoo
1016+2 or undergo the body piercing.
1017+3 (f) Notwithstanding IC 36-1-3-8(a), a unit (as defined in
1018+4 IC 36-1-2-23) may adopt an ordinance that is at least as restrictive or
1019+5 more restrictive than this section or a rule adopted under
1020+6 IC 16-19-3-4.1 or IC 16-19-3-4.2. IC 16-19-3-4(c).
1021+7 SECTION 52. IC 36-2-14-5.5, AS ADDED BY P.L.225-2007,
1022+8 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1023+9 JULY 1, 2022]: Sec. 5.5. A child death pathologist shall:
1024+10 (1) consult with a coroner concerning a death described in section
1025+11 6.3(b) of this chapter;
1026+12 (2) conduct an autopsy of a child as described in sections 6.3(c)
1027+13 and 6.7(b) of this chapter; and
1028+14 (3) perform duties described in section 6.7(e) 6.7(f) of this
1029+15 chapter.
1030+16 SECTION 53. IC 36-2-14-6.7, AS ADDED BY P.L.225-2007,
1031+17 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1032+18 JULY 1, 2022]: Sec. 6.7. (a) This section applies to a child who:
1033+19 (1) died suddenly and unexpectedly;
1034+20 (2) was less than three (3) years of age at the time of death; and
1035+21 (3) was in apparent good health before dying.
1036+22 (b) A child death pathologist or a pathology resident acting under
1037+23 the direct supervision of a child death pathologist shall conduct an
1038+24 autopsy of a child described in subsection (a).
1039+25 (c) A county coroner may not certify the cause of death of a child
1040+26 described in subsection (a) until an autopsy is performed at county
1041+27 expense.
1042+28 (d) The county coroner shall contact the parent or guardian of a
1043+29 child described in subsection (a) and notify the parent or guardian that
1044+30 an autopsy will be conducted at county expense.
1045+31 (e) A county coroner may not certify the cause of death for an
1046+32 infant described in subsection (a) as a sudden unexplained infant
1047+33 death, including sudden infant death syndrome, until a
1048+34 comprehensive death investigation is performed at the county's
1049+35 expense that includes the following:
1050+36 (1) Comprehensive autopsy including the following:
1051+37 (A) Imaging.
1052+38 (B) Pathology.
1053+39 (C) Toxicology.
1054+40 (2) Death scene investigation to include death scene photos.
1055+41 (3) Submission of the sudden unexplained infant death report
1056+42 form to a child death pathologist.
1057+EH 1169—LS 7145/DI 77 24
1058+1 (e) (f) The child death pathologist shall:
1059+2 (1) ensure that a tangible summary of the autopsy results is
1060+3 provided;
1061+4 (2) provide informational material concerning sudden infant death
1062+5 syndrome; and
1063+6 (3) unless the release of autopsy results would jeopardize a law
1064+7 enforcement investigation, provide notice that a parent or
1065+8 guardian has the right to receive the preliminary autopsy results;
1066+9 to the parents or guardian of the child within one (1) week after the
1067+10 autopsy.
1068+11 (f) (g) If a parent or guardian of a child described in subsection (a)
1069+12 requests the autopsy report of the child, the coroner shall provide the
1070+13 autopsy report to the parent or guardian within thirty (30) days after
1071+14 the:
1072+15 (1) request; or
1073+16 (2) completion of the autopsy report;
1074+17 whichever is later, at no cost.
1075+18 (g) (h) A coroner shall notify:
1076+19 (1) a local child fatality review team; or
1077+20 (2) if the county does not have a local child fatality review team,
1078+21 the statewide child fatality review committee;
1079+22 of the death of a child described in subsection (a).
1080+23 SECTION 54. An emergency is declared for this act.
1081+EH 1169—LS 7145/DI 77 25
1082+COMMITTEE REPORT
1083+Mr. Speaker: Your Committee on Public Health, to which was
1084+referred House Bill 1169, has had the same under consideration and
1085+begs leave to report the same back to the House with the
1086+recommendation that said bill be amended as follows:
1087+Page 15, line 4, delete "fee," and insert "fee collected,".
1088+Page 18, delete lines 12 through 42.
1089+Page 20, delete lines 7 through 42, begin a new paragraph and
1090+insert:
1091+"SECTION 47. IC 36-2-14-5.5, AS ADDED BY P.L.225-2007,
1092+SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1093+JULY 1, 2022]: Sec. 5.5. A child death pathologist shall:
1094+(1) consult with a coroner concerning a death described in section
1095+6.3(b) of this chapter;
1096+(2) conduct an autopsy of a child as described in sections 6.3(c)
1097+and 6.7(b) of this chapter; and
1098+(3) perform duties described in section 6.7(e) 6.7(f) of this
1099+chapter.
1100+SECTION 48. IC 36-2-14-6.7, AS ADDED BY P.L.225-2007,
1101+SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1102+JULY 1, 2022]: Sec. 6.7. (a) This section applies to a child who:
1103+(1) died suddenly and unexpectedly;
1104+(2) was less than three (3) years of age at the time of death; and
1105+(3) was in apparent good health before dying.
1106+(b) A child death pathologist or a pathology resident acting under
1107+the direct supervision of a child death pathologist shall conduct an
1108+autopsy of a child described in subsection (a).
1109+(c) A county coroner may not certify the cause of death of a child
1110+described in subsection (a) until an autopsy is performed at county
1111+expense.
1112+(d) The county coroner shall contact the parent or guardian of a
1113+child described in subsection (a) and notify the parent or guardian that
1114+an autopsy will be conducted at county expense.
1115+(e) A county coroner may not certify the cause of death for an
1116+infant described in subsection (a) as a sudden unexplained infant
1117+death, including sudden infant death syndrome, until a
1118+comprehensive death investigation is performed at the county's
1119+expense that includes the following:
1120+(1) Comprehensive autopsy including the following:
1121+(A) Imaging.
1122+(B) Pathology.
1123+(C) Toxicology.
1124+EH 1169—LS 7145/DI 77 26
1125+(2) Death scene investigation to include death scene photos.
1126+(3) Submission of the sudden unexplained infant death report
1127+form to a child death pathologist.
1128+(e) (f) The child death pathologist shall:
1129+(1) ensure that a tangible summary of the autopsy results is
1130+provided;
1131+(2) provide informational material concerning sudden infant death
1132+syndrome; and
1133+(3) unless the release of autopsy results would jeopardize a law
1134+enforcement investigation, provide notice that a parent or
1135+guardian has the right to receive the preliminary autopsy results;
1136+to the parents or guardian of the child within one (1) week after the
1137+autopsy.
1138+(f) (g) If a parent or guardian of a child described in subsection (a)
1139+requests the autopsy report of the child, the coroner shall provide the
1140+autopsy report to the parent or guardian within thirty (30) days after
1141+the:
1142+(1) request; or
1143+(2) completion of the autopsy report;
1144+whichever is later, at no cost.
1145+(g) (h) A coroner shall notify:
1146+(1) a local child fatality review team; or
1147+(2) if the county does not have a local child fatality review team,
1148+the statewide child fatality review committee;
1149+of the death of a child described in subsection (a).".
1150+Page 21, delete lines 1 through 8.
1151+Renumber all SECTIONS consecutively.
1152+and when so amended that said bill do pass.
1153+(Reference is to HB 1169 as introduced.)
1154+BARRETT
1155+Committee Vote: yeas 11, nays 0.
1156+EH 1169—LS 7145/DI 77 27
1157+COMMITTEE REPORT
1158+Mr. Speaker: Your Committee on Ways and Means, to which was
1159+referred House Bill 1169, has had the same under consideration and
1160+begs leave to report the same back to the House with the
1161+recommendation that said bill do pass.
1162+(Reference is to HB 1169 as printed January 13, 2022.)
1163+BROWN T
1164+Committee Vote: Yeas 22, Nays 0
1165+_____
1166+HOUSE MOTION
1167+Mr. Speaker: I move that House Bill 1169 be amended to read as
1168+follows:
1169+Page 7, line 9, delete "care." and insert "care and other services to
1170+promote healthy women, babies, and families.".
1171+(Reference is to HB 1169 as printed January 20, 2022.)
1172+CLERE
1173+_____
1174+COMMITTEE REPORT
1175+Madam President: The Senate Committee on Health and Provider
1176+Services, to which was referred House Bill No. 1169, has had the same
1177+under consideration and begs leave to report the same back to the
1178+Senate with the recommendation that said bill DO PASS and be
1179+reassigned to the Senate Committee on Appropriations.
1180+ (Reference is to HB 1169 as reprinted January 25, 2022.)
1181+CHARBONNEAU, Chairperson
1182+Committee Vote: Yeas 9, Nays 0
1183+EH 1169—LS 7145/DI 77 28
1184+COMMITTEE REPORT
1185+Madam President: The Senate Committee on Appropriations, to
1186+which was referred House Bill No. 1169, has had the same under
1187+consideration and begs leave to report the same back to the Senate with
1188+the recommendation that said bill be AMENDED as follows:
1189+Page 17, line 1, delete "(a)".
1190+Page 17, delete lines 7 through 20.
1191+and when so amended that said bill do pass.
1192+(Reference is to EHB 1169 as printed February 18, 2022.)
1193+MISHLER, Chairperson
1194+Committee Vote: Yeas 11, Nays 0.
1195+_____
1196+SENATE MOTION
1197+Madam President: I move that Engrossed House Bill 1169 be
1198+amended to read as follows:
1199+Page 1, between the enacting clause and line 1, begin a new
1200+paragraph and insert:
1201+"SECTION 1. IC 5-10-8-7.3, AS AMENDED BY P.L.133-2020,
151202 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
161203 JULY 1, 2022]: Sec. 7.3. (a) As used in this section, "covered
171204 individual" means an individual who is:
181205 (1) covered under a self-insurance program established under
191206 section 7(b) of this chapter to provide group health coverage; or
201207 (2) entitled to services under a contract with a prepaid health care
211208 delivery plan that is entered into or renewed under section 7(c) of
221209 this chapter.
231210 (b) As used in this section, "early intervention services" means
241211 services provided to a first steps child under IC 12-12.7-2 and 20
251212 U.S.C. 1432(4).
261213 (c) As used in this section, "first steps child" means an infant or
271214 toddler from birth through two (2) years of age who is enrolled in the
281215 Indiana first steps program and is a covered individual.
291216 (d) As used in this section, "first steps program" refers to the
301217 program established under IC 12-12.7-2 and 20 U.S.C. 1431 et seq. to
311218 meet the needs of:
321219 (1) children who are eligible for early intervention services; and
1220+EH 1169—LS 7145/DI 77 29
331221 (2) their families.
341222 The term includes the coordination of all available federal, state, local,
351223 and private resources available to provide early intervention services
36-HEA 1169 — CC 1 2
371224 within Indiana.
381225 (e) As used in this section, "health benefits plan" means a:
391226 (1) self-insurance program established under section 7(b) of this
401227 chapter to provide group health coverage; or
411228 (2) contract with a prepaid health care delivery plan that is
421229 entered into or renewed under section 7(c) of this chapter.
431230 (f) A health benefits plan that provides coverage for early
441231 intervention services shall reimburse the first steps program a monthly
451232 fee established by the division of disability and rehabilitative services
461233 established by IC 12-9-1-1. Except when the monthly fee is less than
471234 the product determined under IC 12-12.7-2-23(b), the monthly fee shall
481235 be provided instead of claims processing of individual claims.
491236 (g) The reimbursement required under subsection (f) may not be
501237 applied to any annual or aggregate lifetime limit on the first steps
511238 child's coverage under the health benefits plan.
521239 (h) The first steps program may pay required deductibles,
531240 copayments, or other out-of-pocket expenses for a first steps child
541241 directly to a provider. A health benefits plan shall apply any payments
551242 made by the first steps program to the health benefits plan's
561243 deductibles, copayments, or other out-of-pocket expenses according to
571244 the terms and conditions of the health benefits plan.
581245 (i) A health benefits plan may not require authorization for services
591246 specified in the covered individual's individualized family service plan,
601247 if those services are a covered benefit under the plan, once the
61-individualized family service plan is signed by a physician, an
62-advanced practice registered nurse, or a physician assistant.
1248+individualized family service plan is signed by a physician or an
1249+advanced practice registered nurse.
631250 (j) The department of insurance shall adopt rules under IC 4-22-2
641251 to ensure compliance with this section.
65-SECTION 2. IC 5-22-12-1 IS AMENDED TO READ AS
66-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. This chapter applies
67-only to the following governmental bodies:
68-(1) A state institution (as defined in IC 12-7-2-184).
69-(2) A penal facility operated by the department of correction.
70-(3) An institution operated by the state department of health under
71-IC 16-19-6.
72-(4) (3) A political subdivision.
73-SECTION 3. IC 12-8-10-1, AS AMENDED BY P.L.32-2021,
74-SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
75-JULY 1, 2022]: Sec. 1. This chapter applies only to the indicated
76-money of the following state agencies to the extent that the money is
77-used by the agency to obtain services from grantee agencies to carry
78-out the program functions of the agency:
79-(1) Money appropriated or allocated to a state agency from money
80-received by the state under the federal Social Services Block
81-HEA 1169 — CC 1 3
82-Grant Act (42 U.S.C. 1397 et seq.).
83-(2) The division of aging, except this chapter does not apply to
84-money expended under the following:
85-(A) The following statutes, unless application of this chapter
86-is required by another subdivision of this section:
87-(i) IC 12-10-6.
88-(ii) IC 12-10-12 (before its expiration).
89-(B) Epilepsy services.
90-(3) The division of family resources, for money expended under
91-the following programs:
92-(A) The child development associate scholarship program.
93-(B) The dependent care program.
94-(C) Migrant day care.
95-(D) The commodities program.
96-(E) The migrant nutrition program.
97-(F) Any emergency shelter program.
98-(G) The energy weatherization program.
99-(4) The state department of health, for money expended under the
100-following statutes:
101-(A) IC 16-19-10.
102-(B) IC 16-38-3.
103-(5) The group.
104-(6) All state agencies, for any other money expended for the
105-purchase of services if all the following apply:
106-(A) The purchases are made under a contract between the state
107-agency and the office of the secretary.
108-(B) The contract includes a requirement that the office of the
109-secretary perform the duties and exercise the powers described
110-in this chapter.
111-(C) The contract is approved by the budget agency.
112-(7) The division of mental health and addiction.
113-SECTION 4. IC 12-9-4-2, AS AMENDED BY P.L.141-2006,
114-SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
115-JULY 1, 2022]: Sec. 2. The division of disability and rehabilitative
116-services advisory council is established to advise and assist the
117-division of disability and rehabilitative services in its effort to
118-develop and sustain a system of supports and services for people
119-with intellectual and developmental disabilities. The council will
120-provide technical expertise and lived experiences and advise on
121-specific areas such as:
122-(1) technology;
123-(2) health;
124-(3) policy;
125-(4) law;
126-HEA 1169 — CC 1 4
127-(5) marketing;
128-(6) public relations;
129-(7) provider services; and
130-(8) advocacy.
131-SECTION 5. IC 12-9-4-3 IS AMENDED TO READ AS FOLLOWS
132-[EFFECTIVE JULY 1, 2022]: Sec. 3. The council consists of the
133-following eleven (11) sixteen (16) members:
134-(1) The director.
135-(2) Ten (10) individuals:
136-(A) appointed by the secretary; and
137-(B) who have a recognized knowledge of or interest in the
138-programs administered by the division.
139-(2) An individual representing The Arc of Indiana, appointed
140-by The Arc of Indiana.
141-(3) An individual representing the Indiana Association of
142-Rehabilitation Facilities (INARF), appointed by INARF.
143-(4) An individual representing the Self-Advocates of Indiana,
144-appointed by the Self-Advocates of Indiana.
145-(5) A representative of the governor's council for people with
146-disabilities established by IC 4-23-29-7, appointed by the
147-director.
148-(6) A representative of a case management provider
149-contracting with the bureau of developmental disabilities
150-services established by IC 12-11-1.1-1 to provide family
151-supports Medicaid waiver and community integration
152-habilitation Medicaid waiver case management services,
153-appointed by the director.
154-(7) An individual representing the Indiana Association of
155-Behavior Consultants, appointed by the Indiana Association
156-of Behavior Consultants.
157-(8) An individual representing the Indiana Institute on
158-Disability and Community, appointed by the Indiana Institute
159-on Disability and Community.
160-(9) An individual representing the Indiana Resource Center
161-for Families with Special Needs (INSOURCE), appointed by
162-INSOURCE.
163-(10) An individual representing Indiana Disability Rights,
164-appointed by Indiana Disability Rights.
165-(11) An individual representing Indiana Family to Family,
166-appointed by Indiana Family to Family.
167-(12) Two (2) members, appointed by the director, each of
168-whom is an individual with an intellectual or other
169-developmental disability.
170-(13) Two (2) members, appointed by the director, each of
171-whom is an immediate or extended family member of an
172-HEA 1169 — CC 1 5
173-individual with an intellectual or other developmental
174-disability.
175-(14) One (1) member, appointed by the director, who is
176-employed by an agency that provides services to people with
177-intellectual or other developmental disabilities.
178-SECTION 6. IC 12-9-4-4, AS AMENDED BY P.L.160-2012,
179-SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
180-JULY 1, 2022]: Sec. 4. Each member of the council appointed under
181-section 3(2) through 3(14) of this chapter has a fixed term as provided
182-in IC 12-8-2.5-4. serves at the will of the appointing authority.
183-SECTION 7. IC 12-9-4-6 IS AMENDED TO READ AS FOLLOWS
184-[EFFECTIVE JULY 1, 2022]: Sec. 6. The council shall meet at least
185-monthly six (6) times annually and is subject to special meetings at the
186-call of its presiding officer.
187-SECTION 8. IC 12-9-4-6.5 IS ADDED TO THE INDIANA CODE
188-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
189-1, 2022]: Sec. 6.5. (a) The division shall provide the council with a
190-quarterly report containing the following information relating to
191-Medicaid waivers:
192-(1) The number of current applications for an emergency
193-placement priority waiver.
194-(2) The number of individuals served on a particular
195-Medicaid waiver.
196-(3) The number of individuals who are currently on a wait list
197-to be included in a Medicaid waiver.
198-(b) The division shall provide the council with a quarterly
199-report containing the following information relating to vocational
200-rehabilitation services:
201-(1) A status report of the division's effort to fill vocational
202-counselor vacancies.
203-(2) A status report of the order of selection.
204-(3) The number of individuals who submitted applications for
205-vocational rehabilitation services.
206-(4) The number of individuals who are currently on a wait list
207-to obtain vocational rehabilitation services.
208-(5) The number of individuals who are currently receiving
209-vocational rehabilitation services.
210-(c) The division shall provide the council with an annual report
211-summarizing any rate analysis, study, or review conducted by the
212-division.
213-(d) The division shall report to the council prior to any
214-submission of a Medicaid waiver amendment regarding the
215-changes being sought and an explanation of purpose.
216-(e) The division shall report to the council prior to any
217-submission for a renewal of a Medicaid waiver:
218-HEA 1169 — CC 1 6
219-(1) any changes being proposed to the Medicaid waiver;
220-(2) the current and projected needs of each geographic area
221-of Indiana for residential services for individuals with
222-intellectual or developmental disabilities; and
223-(3) the availability of developmental or vocational services to
224-individuals with an intellectual or developmental disability
225-living in their own home.
226-SECTION 9. IC 12-9-4-7, AS AMENDED BY P.L.160-2012,
227-SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
228-JULY 1, 2022]: Sec. 7. IC 12-8-2.5 applies IC 12-8-2.5-9 through
229-IC 12-8-2.5-11.5 apply to the council.
230-SECTION 10. IC 16-18-2-4 IS REPEALED [EFFECTIVE JULY 1,
231-2022]. Sec. 4. "Administrative unit", for purposes of IC 16-19-6, has
232-the meaning set forth in IC 16-19-6-1.
233-SECTION 11. IC 16-18-2-52.2 IS ADDED TO THE INDIANA
234-CODE AS A NEW SECTION TO READ AS FOLLOWS
235-[EFFECTIVE JULY 1, 2022]: Sec. 52.2. "Certificate of free sale",
236-for purposes of IC 16-42-18.5, has the meaning set forth in
237-IC 16-42-18.5-1.
238-SECTION 12. IC 16-18-2-62 IS AMENDED TO READ AS
239-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 62. (a) "Commission",
240-for purposes of IC 16-19-6, refers to the commission for special
241-institutions.
242-(b) (a) "Commission", for purposes of IC 16-31, refers to the
243-Indiana emergency medical services commission.
244-(c) (b) "Commission", for purposes of IC 16-46-11.1, has the
245-meaning set forth in IC 16-46-11.1-1.
246-SECTION 13. IC 16-19-2-9 IS AMENDED TO READ AS
247-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. The members shall
248-elect one (1) member as chairman chairperson of the executive board.
249-The chairman chairperson shall serve for a term of two (2) years,
250-unless the person's term of office as a member of the executive board
251-expires sooner.
252-SECTION 14. IC 16-19-3-4, AS AMENDED BY P.L.113-2014,
253-SECTION 102, IS AMENDED TO READ AS FOLLOWS
254-[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The executive board may, by
255-an affirmative vote of a majority of its members, adopt reasonable rules
256-on behalf of the state department to protect or to improve the public
257-health in Indiana.
258-(b) The rules may concern but are not limited to the following:
259-(1) Nuisances dangerous to public health.
260-(2) The pollution of any water supply other than where
261-jurisdiction is in the environmental rules board and department of
262-environmental management.
263-HEA 1169 — CC 1 7
264-(3) The disposition of excremental and sewage matter.
265-(4) The control of fly and mosquito breeding places.
266-(5) The detection, reporting, prevention, and control of diseases
267-that affect public health.
268-(6) The care of maternity and infant cases and the conduct of
269-maternity homes.
270-(7) The production, distribution, and sale of human food.
271-(8) Except as provided in section 4.4 of this chapter, the conduct
272-of camps.
273-(9) Standards of cleanliness of eating facilities for the public.
274-(10) Standards of cleanliness of sanitary facilities offered for
275-public use.
276-(11) The handling, disposal, disinterment, and reburial of dead
277-human bodies.
278-(12) Vital statistics.
279-(13) Sanitary conditions and facilities in public buildings and
280-grounds, including plumbing, drainage, sewage disposal, water
281-supply, lighting, heating, and ventilation, other than where
282-jurisdiction is vested by law in the fire prevention and building
283-safety commission or other state agency.
284-(14) The design, construction, and operation of swimming and
285-wading pools. However, the rules governing swimming and
286-wading pools do not apply to a pool maintained by an individual
287-for the sole use of the individual's household and house guests.
288-(c) The executive board shall adopt reasonable rules to regulate
289-the following:
290-(1) The sanitary operation of tattoo parlors.
291-(2) The sanitary operation of body piercing facilities.
292-(d) The executive board may adopt rules on behalf of the state
293-department for the efficient enforcement of this title, except as
294-otherwise provided. However, fees for inspections relating to
295-weight and measures may not be established by the rules.
296-(e) The executive board may declare that a rule described in
297-subsection (d) is necessary to meet an emergency and adopt the
298-rule under IC 4-22-2-37.1.
299-(f) The rules of the state department may not be inconsistent
300-with this title and or any other state law.
301-SECTION 15. IC 16-19-3-4.1 IS REPEALED [EFFECTIVE JULY
302-1, 2022]. Sec. 4.1. The executive board shall adopt reasonable rules to
303-regulate the sanitary operation of tattoo parlors.
304-SECTION 16. IC 16-19-3-4.2 IS REPEALED [EFFECTIVE JULY
305-1, 2022]. Sec. 4.2. The executive board shall adopt reasonable rules to
306-regulate the sanitary operation of body piercing facilities.
307-SECTION 17. IC 16-19-3-5 IS REPEALED [EFFECTIVE JULY 1,
308-HEA 1169 — CC 1 8
309-2022]. Sec. 5. (a) The executive board may adopt rules on behalf of the
310-state department for the efficient enforcement of this title, except as
311-otherwise provided. However, fees for inspections relating to weight
312-and measures may not be established by the rules.
313-(b) The executive board may declare that a rule described in
314-subsection (a) is necessary to meet an emergency and adopt the rule
315-under IC 4-22-2-37.1.
316-SECTION 18. IC 16-19-3-6 IS REPEALED [EFFECTIVE JULY 1,
317-2022]. Sec. 6. The rules of the state department may not be inconsistent
318-with this title or any other Indiana statute.
319-SECTION 19. IC 16-19-3-6.5 IS REPEALED [EFFECTIVE JULY
320-1, 2022]. Sec. 6.5. (a) The state department shall adopt guidelines
321-concerning the safety of children during bad weather conditions.
322-(b) The guidelines adopted under subsection (a) must include a
323-listing of places that are safe during the following types of weather
324-conditions:
325-(A) Blizzards.
326-(B) Tornados.
327-(C) Rain storms.
328-(D) Lightning storms.
329-(E) Hail storms.
330-(F) Wind storms.
331-(G) Extreme heat.
332-(H) Any other weather condition for which the National Weather
333-Service issues an advisory, a watch, or a warning.
334-(c) The guidelines adopted under subsection (a) must cover the
335-following types of events and places where children may be exposed to
336-weather conditions:
337-(1) Schools and activities organized by schools.
338-(2) Child care centers and child care homes licensed under
339-IC 12-17.2.
340-(3) Preschool (as defined in IC 12-7-2-143.5).
341-(4) Organized sporting events.
342-(5) Public parks.
343-(d) The state department shall:
344-(1) distribute the guidelines adopted under subsection (a) to the
345-department of education, which shall then distribute the
346-guidelines to each:
347-(A) school corporation; and
348-(B) nonpublic school; and
349-(2) make available the guidelines adopted under subsection (a) to
350-any person that:
351-(A) operates a place; or
352-(B) organizes or conducts an activity or event;
353-HEA 1169 — CC 1 9
354-described in subsection (c).
355-SECTION 20. IC 16-19-3-7 IS AMENDED TO READ AS
356-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) The state
357-department may make sanitary inspections and surveys throughout
358-Indiana and of all public buildings and institutions.
359-(b) The state department may make indoor air quality inspections of
360-all public buildings and institutions that are occupied by an agency of
361-state or local government.
362-(c) The state department may enforce all laws and rules
363-concerning the character and location of plumbing, drainage,
364-water supply, disposal of sewage, lighting, heating, and ventilation
365-and all sanitary features of all public buildings and institutions.
366-(c) (d) After due notice is given, the state department may enter
367-upon and inspect private property in regard to the presence of cases of
368-infectious and contagious diseases and the possible cause and source
369-of diseases.
370-SECTION 21. IC 16-19-3-8 IS REPEALED [EFFECTIVE JULY 1,
371-2022]. Sec. 8. The state department may enforce all laws and rules
372-concerning the character and location of plumbing, drainage, water
373-supply, disposal of sewage, lighting, heating, and ventilation and all
374-sanitary features of all public buildings and institutions.
375-SECTION 22. IC 16-19-3-13 IS AMENDED TO READ AS
376-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. The state
377-department may remove a local health officer in the state for any of the
378-following reasons:
379-(1) Intemperance.
380-(2) (1) Failure to collect vital statistics.
381-(3) (2) Failure to obey rules.
382-(4) (3) Failure to keep records.
383-(5) (4) Failure to make reports.
384-(6) (5) Failure to answer letters of inquiry of the state department
385-concerning the health of the people.
386-(7) (6) Neglect of official duty.
387-SECTION 23. IC 16-19-3-17 IS AMENDED TO READ AS
388-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 17. Whenever a hearing
389-is provided for or authorized to be held by the state department, the
390-state department may request that the office of administrative law
391-proceedings designate a person as the state department's agent or
392-representative to conduct the hearings. administer the proceeding.
393-The agent or representative selected by the office of administrative
394-law proceedings shall conduct the hearings administer the
395-proceeding in the manner provided by law.
396-SECTION 24. IC 16-19-3-20 IS AMENDED TO READ AS
397-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 20. The state
398-HEA 1169 — CC 1 10
399-department shall provide facilities and personnel for investigation,
400-research, and dissemination of knowledge to the public concerning
401-dental oral public health.
402-SECTION 25. IC 16-19-3-22 IS AMENDED TO READ AS
403-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 22. (a) The state
404-department or the state department's designee shall maintain a
405-toll-free telephone answering service to provide information on safety
406-precautions and emergency procedures with regard to poisons.
407-(b) The telephone number shall be widely disseminated throughout
408-Indiana and shall be manned on a twenty-four (24) hour per day basis.
409-(c) The telephone companies in Indiana, the state department, all
410-hospitals, and all other boards or commissions registering or licensing
411-health care professions or emergency medical services shall cooperate
412-in making the toll-free telephone number available to the public.
413-SECTION 26. IC 16-19-3-23 IS AMENDED TO READ AS
414-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 23. (a) The state
415-department shall maintain a toll-free telephone line to provide
416-information, referral, follow-up, and personal assistance concerning
417-federal, state, local, and private programs that provide the following:
418-(1) Services to children less than twenty-one (21) years of age
419-with long term health care needs.
420-(2) Assistance to pregnant women to obtain prenatal care and
421-other services to promote healthy women, babies, and
422-families.
423-(b) The state department shall provide the telephone service
424-required in subsection (a) to the following:
425-(1) Families with children having long term health care needs.
426-(2) Pregnant women.
427-(2) (3) Health care providers.
428-(3) (4) Employees of state and local governmental entities.
429-(4) (5) Educators.
430-(5) (6) Other entities that provide services to children with long
431-term health care needs.
432-(b) (c) The state department may adopt rules under IC 4-22-2 to
433-implement this section.
434-SECTION 27. IC 16-19-3-27.5, AS ADDED BY P.L.261-2019,
435-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
436-JULY 1, 2022]: Sec. 27.5. (a) As used in this section, "technology new
437-to Indiana" (referred to in this section as "TNI") means sewage
438-treatment or disposal methods, processes, or equipment that are not
439-described in the administrative rules of the state department or the
440-executive board concerning residential onsite sewage systems (410
441-IAC 6-8.3) or commercial onsite sewage systems (410 IAC 6-10.1).
442-(b) The state department shall establish and maintain a technical
443-HEA 1169 — CC 1 11
444-review panel consisting of individuals with technical or scientific
445-knowledge relating to onsite sewage systems. The technical review
446-panel shall:
447-(1) decide under subsection (f) whether to approve:
448-(A) proprietary residential wastewater treatment devices; and
449-(B) proprietary commercial wastewater treatment devices;
450-for general use in Indiana;
451-(2) biannually review the performance of residential septic
452-systems and commercial onsite sewage systems;
453-(3) assist the state department in developing standards and
454-guidelines for proprietary residential wastewater treatment
455-devices and proprietary commercial wastewater treatment
456-devices; and
457-(4) assist the executive board and the state department in updating
458-rules adopted under sections section 4 and 5 of this chapter
459-concerning residential septic systems and commercial onsite
460-sewage systems.
461-(c) The technical review panel shall include the following:
462-(1) A member of the staff of the state department, who shall serve
463-as the chair.
464-(2) A local health department environmental health specialist
465-appointed by the governor.
466-(3) An Indiana professional engineer registered under IC 25-31-1
467-representing the American Council of Engineering Companies.
468-(4) A representative of the Indiana Builders Association.
469-(5) An Indiana registered professional soil scientist (as defined in
470-IC 25-31.5-1-6) representing the Indiana Registry of Soil
471-Scientists.
472-(6) A representative of an Indiana college or university with a
473-specialty in engineering, soil science, environmental health, or
474-biology appointed by the governor.
475-(7) A representative of the Indiana Onsite Wastewater
476-Professionals Association.
477-(8) An Indiana onsite sewage system contractor appointed by the
478-governor.
479-(9) A representative of the Indiana State Building and
480-Construction Trades Council.
481-All members of the technical review panel are voting members.
482-(d) In the case of a tie vote of the technical review panel, the
483-technical review panel shall, not more than seven (7) days after the day
484-of the tie vote:
485-(1) contact the applicant by phone call and by mail; and
486-(2) request more information or provide an explanation of how the
487-applicant can modify the application to make it more complete.
488-HEA 1169 — CC 1 12
489-The technical review panel shall review any new information provided
490-by the applicant and vote again on the application not more than thirty
491-(30) days after receiving the information.
492-(e) The technical review panel shall do the following:
493-(1) Receive applications for the approval of TNI for general use
494-in:
495-(A) residential septic systems under sections 4 and 5 of this
496-chapter, section 27 of this chapter and IC 16-41-25; and
497-(B) commercial onsite sewage systems under sections 4 and 5
498-of this chapter, section 27 of this chapter and IC 16-19-3.5.
499-(2) Meet at least four (4) times per year to review applications
500-described in subdivision (1).
501-(3) Notify each person who submits an application described in
502-subdivision (1):
503-(A) that the person's application has been received by the
504-technical review panel; and
505-(B) of whether the application is complete;
506-not later than thirty (30) days after the technical review panel
507-receives the application.
508-(4) Inform each person who submits an application described in
509-subdivision (1) of:
510-(A) a tentative decision of the technical review panel; or
511-(B) the technical review panel's final decision under
512-subsection (f);
513-concerning the application not more than ninety (90) days after
514-the technical review panel notifies the person under subdivision
515-(3) that the panel has received the person's application.
516-(f) In response to each application described in subsection (e)(1),
517-the technical review panel shall make, and inform the applicant of, one
518-(1) of the following final decisions:
519-(1) That the TNI to which the application relates is approved for
520-general use in Indiana.
521-(2) That the TNI to which the application relates is approved for
522-use in Indiana with certain conditions, which may include:
523-(A) a requirement that the TNI be used initially only in a pilot
524-project;
525-(B) restrictions on the number or type of installations of the
526-TNI;
527-(C) sampling and analysis requirements for TNI involving or
528-comprising a secondary treatment system;
529-(D) requirements relating to training concerning the TNI;
530-(E) requirements concerning the operation and maintenance of
531-the TNI; or
532-(F) other requirements.
533-HEA 1169 — CC 1 13
534-(3) That the TNI to which the application relates is approved on
535-a project-by-project basis.
536-(4) That the TNI is not approved for use in Indiana, which must
537-be accompanied by a statement of the reason for the decision.
538-(g) If the technical review panel makes a decision under subsection
539-(f)(4) that the TNI is not approved for use in Indiana, the applicant
540-may:
541-(1) submit a new application to the technical review panel under
542-this section; or
543-(2) file a petition for review of the technical review panel's
544-decision under IC 4-21.5-3.
545-(h) If the technical review panel fails to notify a person who submits
546-an application of the technical review panel's tentative decision or final
547-recommendation within ninety (90) days after receiving the application
548-as required by subsection (e)(4), the person who submitted the
549-application may use the TNI to which the application relates in a single
550-residential septic system or commercial onsite sewage system, as if the
551-TNI had been approved only for use in a pilot project.
552-(i) The technical review panel shall decide that the TNI to which an
553-application relates is approved for general use in Indiana if:
554-(1) the TNI has been certified as meeting the NSF/ANSI 40
555-Standard;
556-(2) a proposed Indiana design and installation manual for the TNI
557-is submitted with the permit application; and
558-(3) the technical review panel certifies that the proposed Indiana
559-design and installation manual meets the vertical and horizontal
560-separation, sizing, and soil loading criteria of the state
561-department.
562-(j) Subsection (k) applies if:
563-(1) a particular TNI meets the requirements of NSF/ANSI 40,
564-NSF/ANSI 245, or NSF/ANSI 350;
565-(2) the proposed Indiana design and installation manual for the
566-TNI meets the vertical and horizontal separation, sizing, and soil
567-loading criteria of the state department; and
568-(3) an Indiana professional engineer registered under IC 25-31-1
569-prepares site specific plans for the use of the TNI for a residential
570-or commercial application.
571-(k) In a case described in subsection (j):
572-(1) if the TNI is to be used in a residential application, the site
573-specific plans prepared under subsection (j)(3), after being
574-submitted to the local health department of the county, city, or
575-multiple county unit in which the TNI would be installed, may be
576-approved by the local health department within the period set
577-forth in IC 16-41-25-1(a); and
578-HEA 1169 — CC 1 14
579-(2) if the TNI is to be used in a commercial application, the site
580-specific plans prepared under subsection (j)(3) shall be approved
581-by the state department upon submission of the site specific plans.
582-SECTION 28. IC 16-19-3-29.2 IS REPEALED [EFFECTIVE JULY
583-1, 2022]. Sec. 29.2. The state department may adopt rules under
584-IC 4-22-2 to implement the requirements set forth in IC 24-4-15
585-concerning automated external defibrillators in health clubs.
586-SECTION 29. IC 16-19-3-30.5, AS ADDED BY P.L.208-2015,
587-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
588-JULY 1, 2022]: Sec. 30.5. The state department may enter into
589-partnerships and joint ventures to encourage best practices in the
590-following:
591-(1) The identification and testing of populations at risk of disease
592-related to illegal drug use. substance abuse disorder.
593-(2) The health care treatment of incarcerated individuals for
594-conditions related to illegal drug use. substance abuse disorder.
595-SECTION 30. IC 16-19-3-32 IS ADDED TO THE INDIANA
596-CODE AS A NEW SECTION TO READ AS FOLLOWS
597-[EFFECTIVE JULY 1, 2022]: Sec. 32. (a) The state department shall
598-employ a licensed physician as chief medical officer for the state
599-department.
600-(b) The chief medical officer serves as an advisor to the state
601-health commissioner on clinical matters and may perform the
602-functions of the commissioner when the commissioner is not
603-available.
604-SECTION 31. IC 16-19-4-9 IS REPEALED [EFFECTIVE JULY 1,
605-2022]. Sec. 9. (a) This section applies:
606-(1) when a proposed rule is published in the Indiana Register by:
607-(A) the office of the secretary of family and social services;
608-(B) a division of family and social services; or
609-(C) the office of Medicaid policy and planning; and
610-(2) if the state department has rule making authority in an area
611-similar to the area that would be affected by the proposed rule.
612-(b) The commissioner shall submit written comments on a proposed
613-rule to the entity described in subsection (a) that proposed the rule not
614-more than thirty (30) days after the rule is published in the Indiana
615-Register.
616-SECTION 32. IC 16-19-5-1 IS AMENDED TO READ AS
617-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) In addition to
618-other fees provided by this title, the state department may establish and
619-collect reasonable fees for specific services described under subsection
620-(b) provided by the state department. The fees may not exceed the cost
621-of services provided.
622-(b) Fees may be charged for the following services:
623-HEA 1169 — CC 1 15
624-(1) Plan reviews conducted under rules adopted under
625-IC 16-19-3-4(b)(13).
626-(2) Licensing of agricultural labor camps under IC 16-41-26.
627-(3) Services provided to persons other than governmental entities
628-under rules adopted under IC 16-19-3-5. IC 16-19-3-4(d).
629-(4) Services provided by the state health laboratory under
630-IC 16-19-8.
631-(5) Services provided under IC 16-19-11-3.
632-(6) (5) Services provided under IC 24-6 by the state metrology
633-laboratory.
634-SECTION 33. IC 16-19-5-2 IS REPEALED [EFFECTIVE JULY 1,
635-2022]. Sec. 2. In addition to other fees provided by this title, the state
636-department shall charge and collect the following fees:
637-(1) For performance of any standard serological test for an
638-applicant for a marriage license, two dollars and fifty cents
639-($2.50).
640-(2) Fees prescribed in IC 16-19-3-21.
641-SECTION 34. IC 16-19-5-4, AS AMENDED BY P.L.32-2021,
642-SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
643-JULY 1, 2022]: Sec. 4. (a) The weights and measures fund is
644-established for the purpose of providing funds for training and
645-equipment for weights and measures inspectors and the state metrology
646-laboratory. The state department shall administer the fund.
647-(b) The fund consists of fees collected under section 1(b)(6) 1(b)(5)
648-of this chapter.
649-(c) Money in the fund at the end of a state fiscal year does not revert
650-to the state general fund.
651-SECTION 35. IC 16-19-6 IS REPEALED [EFFECTIVE JULY 1,
652-2022]. (Administrative Unit for Special Institutions).
653-SECTION 36. IC 16-19-8-2 IS AMENDED TO READ AS
654-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The state health
655-laboratory shall be located at in Indianapolis and shall be used to:
656-(1) analyze foods and drugs for the purpose of enforcing the pure
657-food and drug laws; and
658-(2) perform sanitary analyses, pathological examinations, and
659-studies in hygiene and preventive medicine; and
660-(3) support public health activities;
661-to aid in the enforcement of the health laws and for no other purpose.
662-(b) All work done in the state health laboratory must be done
663-exclusively and entirely for the public benefit.
664-(c) The state department may establish fee schedules and charges
665-for services provided by the state health laboratory.
666-SECTION 37. IC 16-19-8-3 IS AMENDED TO READ AS
667-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) For the conduct
668-HEA 1169 — CC 1 16
669-of the state health laboratory, the state department shall employ and
670-appoint a superintendent laboratory director other than the state
671-health commissioner.
672-(b) The superintendent laboratory director shall have charge of
673-and manage the state health laboratory. The superintendent laboratory
674-director is entitled to receive a salary established by the state
675-department subject to approval by the budget agency. The
676-superintendent laboratory director must be learned and skilled in
677-bacteriology and pathology.
678-(c) The state department shall also employ a skilled chemist, whose
679-salary is established by the state department subject to approval by the
680-budget agency.
681-(d) Both appointees must be temperate, healthy, well recommended,
682-and of good moral character.
683-(e) The state department may employ employees the state
684-department considers necessary for the successful conduct of the
685-laboratory. The state department may define the duties and fix the
686-compensation of the employees, whose employment is by consent of
687-the governor.
688-SECTION 38. IC 16-19-9-1 IS AMENDED TO READ AS
689-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. The state department
690-is the designated state agency to adopt rules under IC 4-22-2 and
691-accept delegation from the federal Department of Health and Human
692-Services to carry out the purposes of the Clinical Laboratory
693-Improvement Amendments of 1988 (P.L.100-578) (42 U.S.C. 201,
694-263a).
695-SECTION 39. IC 16-19-9-2 IS REPEALED [EFFECTIVE JULY 1,
696-2022]. Sec. 2. The state department is the designated state agency to
697-adopt rules under IC 4-22-2 to carry out the purposes of the Clinical
698-Laboratory Improvement Amendments of 1988 (P.L.100-578) (42
699-U.S.C. 201, 263a).
700-SECTION 40. IC 16-19-11 IS REPEALED [EFFECTIVE JULY 1,
701-2022]. (Protection and Regulation of State Department of Health
702-Property).
703-SECTION 41. IC 16-19-12-1 IS AMENDED TO READ AS
704-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) Except as
705-otherwise provided, a person who recklessly violates or fails to comply
706-with the following commits a Class B misdemeanor:
707-IC 16-19-1
708-IC 16-19-2
709-IC 16-19-3
710-IC 16-19-4
711-IC 16-19-5
712-IC 16-19-7
713-HEA 1169 — CC 1 17
714-IC 16-19-10.
715-IC 16-19-11.
716-(b) Each day a violation continues constitutes a separate offense.
717-SECTION 42. IC 16-19-13-4 IS AMENDED TO READ AS
718-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The state health
719-commissioner shall appoint persons to staff the office, including:
720-(1) the director of the office; and
721-(2) any other employees that the state health commissioner
722-determines are necessary.
723-(b) The employees appointed under subsection (a)(2) shall report to
724-the director. The director shall report to the state health commissioner.
725-(c) The director shall supervise the employees assigned to the office.
726-(d) The director shall oversee the administrative functions of the
727-office.
728-SECTION 43. IC 16-21-15-3, AS ADDED BY P.L.104-2021,
729-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
730-UPON PASSAGE]: Sec. 3. (a) Any hospital entering into a merger
731-agreement with another hospital may submit an application to the state
732-department for a certificate of public advantage to govern the merger
733-agreement in the manner prescribed by the state department. However,
734-a hospital may not submit an application under this chapter after July
735-1, 2026.
736-(b) The application for a certificate of public advantage must
737-include the following:
738-(1) A written copy of the merger agreement.
739-(2) A written description of the nature and scope of the merger.
740-(c) Any documentation submitted under this section with the
741-application that is deemed to be proprietary information shall be clearly
742-identified as proprietary information and a copy of the application with
743-the proprietary information redacted for public records must be
744-submitted by the applicant.
745-(d) An applicant must also file a complete copy of the application
746-for a certificate of public advantage with:
747-(1) the office of the secretary of family and social services in a
748-manner prescribed by the office of the secretary; and
749-(2) the office of the attorney general in a manner prescribed by the
750-office of the attorney general.
751-(e) The state department shall assess a filing fee for an application
752-for a certificate of public advantage that is reasonably sufficient to fully
753-fund the costs of the review of the application and ongoing supervision
754-if the application is granted, including any fees for consultants and
755-experts. The state department may not spend any money on the
756-implementation of this chapter until the state department has received
757-a filed application and received the filing fee.
758-HEA 1169 — CC 1 18
759-(f) If the state department incurs costs of the review of the
760-application and administration of the program that exceed the
761-application fee collected, the applicant for a certificate of public
762-advantage shall pay the reasonable charges incurred by the state
763-department, as determined by the state department.
764-(g) The reasonable costs of services concerning the program:
765-(1) include the cost of fees for consultants and experts; and
766-(2) must be commensurate with the usual compensation for
767-like services.
768-SECTION 44. IC 16-21-15-6, AS ADDED BY P.L.104-2021,
769-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
770-UPON PASSAGE]: Sec. 6. (a) The state department shall annually
771-review a certificate of public advantage issued by the state department
772-under this chapter.
773-(b) The holder of a certificate of public advantage shall pay the
774-reasonable costs incurred by the state department shall require a
775-reasonably sufficient fee for the renewal of the certification of public
776-advantage that covers the reasonable costs of the ongoing supervision
777-of the certification, including any fees for consultants and experts.
778-(c) In conducting the review, the state department shall consider
779-whether the hospital continues to meet the standards required for the
780-issuance of a certificate under this chapter.
781-(d) This section expires July 1, 2026.
782-SECTION 45. IC 16-21-15-7, AS ADDED BY P.L.104-2021,
783-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
784-UPON PASSAGE]: Sec. 7. (a) The state department shall actively
785-supervise and monitor a hospital operating under a certificate of public
786-advantage issued under this chapter to ensure that the conduct of the
787-hospital furthers the purposes of this chapter.
788-(b) The holder of a certificate of public advantage shall pay the
789-reasonable costs incurred by the state department shall assess an
790-annual monitoring fee to a hospital issued a certificate of public
791-advantage under this chapter that covers to cover the reasonable costs
792-of the ongoing monitoring and supervision of the certification,
793-including any fees for consultants and experts.
794-(c) A hospital operating under a certificate of public advantage may
795-not increase the charge for each individual service the hospital offers
796-by more than the increase in the preceding year's annual average of the
797-Consumer Price Index for Medical Care as published by the federal
798-Bureau of Labor Statistics.
799-(d) For the first five (5) years that a hospital is operating under a
800-certificate of public advantage the hospital must:
801-(1) invest the realized cost savings from the identified efficiencies
802-and improvements included in the certificate of public advantage
803-HEA 1169 — CC 1 19
804-application in the areas of Indiana the hospital serves for the
805-benefit of the community; and
806-(2) summarize the realized cost savings and investments in the
807-hospital's annual report submitted under section 8 of this chapter.
808-SECTION 46. IC 16-27-5 IS ADDED TO THE INDIANA CODE
809-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
810-JULY 1, 2022]:
811-Chapter 5. Home Health Agency Cooperative Agreements
812-Sec. 1. The definitions in IC 16-27-1 apply throughout this
813-chapter.
814-Sec. 2. As used in this chapter, "office" refers to the office of the
815-secretary of family and social services established by IC 12-8-1.5-1.
816-Sec. 3. As used in this chapter, "secretary" refers to the
817-secretary of family and social services appointed under
818-IC 12-8-1.5-2.
819-Sec. 4. Home health agencies may enter into cooperative
820-agreements to carry out the following activities for the Hoosier
821-Care Connect program:
822-(1) To form and operate, either directly or indirectly, one (1)
823-or more networks of home health agencies to arrange for the
824-provision of health care services through such networks.
825-(2) To contract, either directly or through such networks, with
826-the office, or the office's contractors, to provide:
827-(A) services to Medicaid beneficiaries; and
828-(B) health care services in an efficient and cost effective
829-manner on a prepaid, capitation, or other reimbursement
830-basis.
831-(3) To undertake other managed health care activities.
832-Sec. 5. (a) Any health care provider licensed under this title or
833-IC 25 may apply to become a participating provider in the
834-networks described in this chapter provided the services the
835-provider contracts for are within the lawful scope of the provider's
836-practice.
837-(b) This section does not require a plan or network to provide
838-coverage for any specific health care service.
839-Sec. 6. A home health agency may authorize any of the
840-following, or any combination of the following, to undertake or
841-effectuate any of the activities identified in this chapter:
842-(1) The Indiana Association for Home and Hospice Care, Inc.
843-(2) Any subsidiary of the corporation named in subdivision
844-(1).
845-(3) Any other association, corporation, or other person
846-approved by the secretary.
847-Sec. 7. The secretary or the secretary's designee shall supervise
848-and oversee the activities described in this chapter and may take
849-HEA 1169 — CC 1 20
850-the following actions:
851-(1) Gather relevant facts, collect data, conduct public
852-hearings, invite and receive public comments, investigate
853-market conditions, conduct studies, and review documentary
854-evidence or require the home health agencies or their third
855-party designee to do the same.
856-(2) Evaluate the substantive merits of any action to be taken
857-by the home health agencies and assess whether the action
858-comports with the standards established by the general
859-assembly.
860-(3) Issue written decisions approving, modifying, or
861-disapproving the recommended action, and explaining the
862-reasons and rationale for the decision.
863-(4) Require home health agencies or their third party
864-designees to report annually on the extent of the benefits
865-realized by the actions taken under this chapter.
866-Sec. 8. The secretary may adopt rules under IC 4-22-2 to
867-implement this chapter.
868-Sec. 9. This chapter expires July 1, 2023.
869-SECTION 47. IC 16-38-3 IS REPEALED [EFFECTIVE JULY 1,
870-2022]. (Blind Registry).
871-SECTION 48. IC 16-38-6-3 IS AMENDED TO READ AS
872-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. The state department
873-shall may use information compiled by a public or private entity to the
874-greatest extent possible in the development of a statewide chronic
875-disease registry under this chapter.
876-SECTION 49. IC 16-42-18.5 IS ADDED TO THE INDIANA
877-CODE AS A NEW CHAPTER TO READ AS FOLLOWS
878-[EFFECTIVE JULY 1, 2022]:
879-Chapter 18.5. Food: Certificate of Free Sale
880-Sec. 1. As used in this chapter, "certificate of free sale" means
881-a document that:
882-(1) is issued to an Indiana food manufacturer, processor,
883-packager, distributor, or warehouser that is inspected by the
884-state department; and
885-(2) verifies that the specified items are freely marketed in the
886-United States and eligible for export to any foreign country,
887-if the particular manufacturer, processor, packager,
888-distributor, or warehouser does not have any unresolved
889-enforcement actions pending before the state department
890-under this article or rules adopted by the state department.
891-Sec. 2. A certificate of free sale is evidence that goods, including
892-food items, are:
893-(1) legally sold or distributed in the open market freely
894-without restriction; and
895-HEA 1169 — CC 1 21
896-(2) approved by the regulatory authorities in the United
897-States.
898-Sec. 3. The state department may, upon request of a business,
899-issue certificates of free sale for food items manufactured,
900-processed, packaged, distributed, or warehoused in Indiana. A
901-certificate of free sale may not include more than twenty-five (25)
902-items and all items must be from the same manufacturer.
903-Sec. 4. (a) Before issuing a certificate of free sale, a business
904-shall provide the following to the state department:
905-(1) Proof of registration with the Indiana secretary of state.
906-(2) The most recent inspection report showing the business is
907-in good standing.
908-(3) A completed application.
909-(4) The fee for the certificate of free sale.
910-(b) The state department shall charge the following fees for
911-issuing a certificate of free sale:
912-(1) For each original certificate, a fee of twenty-five dollars
913-($25).
914-(2) For each additional copy, a fee of five dollars ($5).
915-Sec. 5. (a) The certificate of free sale fund is established for the
916-purpose of carrying out this chapter. The state department shall
917-administer the fund.
918-(b) The fund consists of fees collected under section 4(b) of this
919-chapter.
920-(c) The expenses of the certificate of free sale program shall be
921-paid from money in the fund.
922-(d) Money in the fund at the end of a state fiscal year does not
923-revert to the state general fund.
924-SECTION 50. IC 16-46-16.5-2, AS ADDED BY P.L.110-2021,
925-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
926-UPON PASSAGE]: Sec. 2. As used in this chapter, "person" means an
927-individual, employer, employer association, nonprofit organization,
928-for-profit organization, municipality (as defined in IC 36-1-2-11), unit
929-(as defined in IC 36-1-2-23), school corporation, charter school,
930-accredited nonpublic school, research institution, health insurance plan,
931-health insurance ministry, or any combination of these.
932-SECTION 51. IC 20-35-12-6, AS ADDED BY P.L.260-2019,
933-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
934-JULY 1, 2022]: Sec. 6. As used in this chapter, "deaf or hard of
935-hearing", which may be referred to as a hearing impairment, means the
936-following:
937-(1) A disability that, with or without the use of an amplification
938-device, adversely affects the student's:
939-(A) ability to use hearing for developing language and
940-learning;
941-HEA 1169 — CC 1 22
942-(B) educational performance; and
943-(C) developmental progress.
944-(2) The hearing loss may be:
945-(A) permanent or fluctuating;
946-(B) mild to profound; or
947-(C) unilateral or bilateral.
948-(3) Students who are deaf or hard of hearing may use:
949-(A) spoken language;
950-(B) sign language; or
951-(C) a combination of spoken language and signed systems.
952-(4) Students who are deaf or hard of hearing who may have:
953-(A) an individualized family service plan;
954-(B) an individualized education program;
955-(C) a plan developed under Section 504 of the federal
956-Rehabilitation Act of 1973, 29 U.S.C. 794;
957-(D) a service plan;
958-(E) a choice special education plan; or
959-(F) no educational plan or program.
960-SECTION 52. IC 20-35-12-20, AS ADDED BY P.L.260-2019,
961-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
962-JULY 1, 2022]: Sec. 20. Subject to any applicable federal laws, the
963-office of the secretary and each school corporation shall provide to the
964-center the results of any all tools and assessments administered to a
965-child in accordance with this chapter.
966-SECTION 53. IC 21-38-6-1, AS AMENDED BY P.L.133-2020,
1252+Page 18, between lines 5 and 6, begin a new paragraph and insert:
1253+"SECTION 44. IC 21-38-6-1, AS AMENDED BY P.L.133-2020,
9671254 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9681255 JULY 1, 2022]: Sec. 1. (a) An employee health plan that provides
9691256 coverage for early intervention services shall reimburse the first steps
9701257 program a monthly fee established by the division of disability and
9711258 rehabilitative services. Except when the monthly fee is less than the
9721259 product determined under IC 12-12.7-2-23(b), the monthly fee shall be
9731260 provided instead of claims processing of individual claims.
9741261 (b) An employee health plan may not require authorization for
9751262 services specified in the covered individual's individualized family
1263+EH 1169—LS 7145/DI 77 30
9761264 service plan, if those services are a covered benefit under the plan,
977-once the individualized family service plan is signed by a physician, an
978-advanced practice registered nurse, or a physician assistant.
1265+once the individualized family service plan is signed by a physician or
1266+an advanced practice registered nurse.
9791267 (c) The department of insurance shall adopt rules under IC 4-22-2
980-to ensure compliance with this section.
981-SECTION 54. IC 25-1-2-8, AS AMENDED BY P.L.128-2017,
982-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
983-JULY 1, 2022]: Sec. 8. This chapter applies to the imposition and
984-collection of fees under the following:
985-(1) IC 14-24-10.
986-HEA 1169 — CC 1 23
987-IC 16-19-5-2
988-(2) IC 25-30-1-17.
989-SECTION 55. IC 25-26-13-2, AS AMENDED BY P.L.207-2021,
990-SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
991-UPON PASSAGE]: Sec. 2. As used in this chapter:
992-"Administering" means the direct application of a drug to the body
993-of a person by injection, inhalation, ingestion, or any other means.
994-"Board" means the Indiana board of pharmacy.
995-"Controlled drugs" are those drugs on schedules I through V of the
996-federal Controlled Substances Act or on schedules I through V of
997-IC 35-48-2.
998-"Coronavirus disease" means the disease caused by the severe acute
999-respiratory syndrome coronavirus 2 virus (SARS-CoV-2).
1000-"Counseling" means effective communication between a pharmacist
1001-and a patient concerning the contents, drug to drug interactions, route,
1002-dosage, form, directions for use, precautions, and effective use of a
1003-drug or device to improve the therapeutic outcome of the patient
1004-through the effective use of the drug or device.
1005-"Dispensing" means issuing one (1) or more doses of a drug in a
1006-suitable container with appropriate labeling for subsequent
1007-administration to or use by a patient.
1008-"Drug" means:
1009-(1) articles or substances recognized in the official United States
1010-Pharmacopoeia, official National Formulary, official
1011-Homeopathic Pharmacopoeia of the United States, or any
1012-supplement to any of them;
1013-(2) articles or substances intended for use in the diagnosis, cure,
1014-mitigation, treatment, or prevention of disease in man or animals;
1015-(3) articles other than food intended to affect the structure or any
1016-function of the body of man or animals; or
1017-(4) articles intended for use as a component of any article
1018-specified in subdivisions (1) through (3) and devices.
1019-"Drug order" means a written order in a hospital or other health care
1020-institution for an ultimate user for any drug or device, issued and
1021-signed by a practitioner, or an order transmitted by other means of
1022-communication from a practitioner, which is immediately reduced to
1023-writing by the pharmacist, registered nurse, or other licensed health
1024-care practitioner authorized by the hospital or institution. The order
1025-shall contain the name and bed number of the patient; the name and
1026-strength or size of the drug or device; unless specified by individual
1027-institution policy or guideline, the amount to be dispensed either in
1028-quantity or days; adequate directions for the proper use of the drug or
1029-device when it is administered to the patient; and the name of the
1030-prescriber.
1031-HEA 1169 — CC 1 24
1032-"Drug regimen review" means the retrospective, concurrent, and
1033-prospective review by a pharmacist of a patient's drug related history
1034-that includes the following areas:
1035-(1) Evaluation of prescriptions or drug orders and patient records
1036-for drug allergies, rational therapy contradictions, appropriate
1037-dose and route of administration, appropriate directions for use,
1038-or duplicative therapies.
1039-(2) Evaluation of prescriptions or drug orders and patient records
1040-for drug-drug, drug-food, drug-disease, and drug-clinical
1041-laboratory interactions.
1042-(3) Evaluation of prescriptions or drug orders and patient records
1043-for adverse drug reactions.
1044-(4) Evaluation of prescriptions or drug orders and patient records
1045-for proper utilization and optimal therapeutic outcomes.
1046-"Drug utilization review" means a program designed to measure and
1047-assess on a retrospective and prospective basis the proper use of drugs.
1048-"Device" means an instrument, apparatus, implement, machine,
1049-contrivance, implant, in vitro reagent, or other similar or related article
1050-including any component part or accessory, which is:
1051-(1) recognized in the official United States Pharmacopoeia,
1052-official National Formulary, or any supplement to them;
1053-(2) intended for use in the diagnosis of disease or other conditions
1054-or the cure, mitigation, treatment, or prevention of disease in man
1055-or other animals; or
1056-(3) intended to affect the structure or any function of the body of
1057-man or other animals and which does not achieve any of its
1058-principal intended purposes through chemical action within or on
1059-the body of man or other animals and which is not dependent
1060-upon being metabolized for the achievement of any of its
1061-principal intended purposes.
1062-"Electronic data intermediary" means an entity that provides the
1063-infrastructure that connects a computer system or another electronic
1064-device used by a prescribing practitioner with a computer system or
1065-another electronic device used by a pharmacy to facilitate the secure
1066-transmission of:
1067-(1) an electronic prescription order;
1068-(2) a refill authorization request;
1069-(3) a communication; and
1070-(4) other patient care information;
1071-between a practitioner and a pharmacy.
1072-"Electronic signature" means an electronic sound, symbol, or
1073-process:
1074-(1) attached to or logically associated with a record; and
1075-(2) executed or adopted by a person;
1076-HEA 1169 — CC 1 25
1077-with the intent to sign the record.
1078-"Electronically transmitted" or "electronic transmission" means the
1079-transmission of a prescription in electronic form. The term does not
1080-include the transmission of a prescription by facsimile.
1081-"Investigational or new drug" means any drug which is limited by
1082-state or federal law to use under professional supervision of a
1083-practitioner authorized by law to prescribe or administer such drug.
1084-"Legend drug" has the meaning set forth in IC 16-18-2-199.
1085-"License" and "permit" are interchangeable and mean a written
1086-certificate from the Indiana board of pharmacy for the practice of
1087-pharmacy or the operation of a pharmacy.
1088-"Medication therapy management" means a distinct service or group
1089-of services that optimize therapeutic outcomes for individuals that are
1090-independent of, but may occur in conjunction with, the provision of a
1091-medication or medical device. The term includes the following
1092-services:
1093-(1) Performing or obtaining assessments of an individual's health
1094-status.
1095-(2) Formulating a medication treatment plan.
1096-(3) Selecting, initiating, modifying, or administering medication
1097-therapy.
1098-(4) Monitoring and evaluating an individual's response to therapy,
1099-including safety and effectiveness.
1100-(5) Performing a comprehensive medication review to identify,
1101-resolve, and prevent medication related problems, including
1102-adverse drug events.
1103-(6) Documenting the care delivered and communicating essential
1104-information to the patient's other health care providers.
1105-(7) Providing education and training designed to enhance patient
1106-understanding and appropriate use of the individual's medications.
1107-(8) Providing information and support services and resources
1108-designed to enhance patient adherence with the individual's
1109-therapeutic regimens, including medication synchronization.
1110-(9) Coordinating and integrating medication therapy management
1111-services within the broader health care services being provided to
1112-an individual.
1113-(10) Providing other patient care services allowable by law.
1114-"Nonprescription drug" means a drug that may be sold without a
1115-prescription and that is labeled for use by a patient in accordance with
1116-state and federal laws.
1117-"Person" means any individual, partnership, copartnership, firm,
1118-company, corporation, association, joint stock company, trust, estate,
1119-or municipality, or a legal representative or agent, unless this chapter
1120-expressly provides otherwise.
1121-HEA 1169 — CC 1 26
1122-"Practitioner" has the meaning set forth in IC 16-42-19-5.
1123-"Pharmacist" means a person licensed under this chapter.
1124-"Pharmacist intern" means a person who is:
1125-(1) permitted by the board to engage in the practice of pharmacy
1126-while under the personal supervision of a pharmacist and who is
1127-satisfactorily progressing toward meeting the requirements for
1128-licensure as a pharmacist;
1129-(2) a graduate of an approved college of pharmacy or a graduate
1130-who has established educational equivalency by obtaining a
1131-Foreign Pharmacy Graduate Examination Committee Certificate
1132-and who is permitted by the board to obtain practical experience
1133-as a requirement for licensure as a pharmacist;
1134-(3) a qualified applicant awaiting examination for licensure; or
1135-(4) an individual participating in a residency or fellowship
1136-program.
1137-"Pharmacy" means any facility, department, or other place where
1138-prescriptions are filled or compounded and are sold, dispensed, offered,
1139-or displayed for sale and which has as its principal purpose the
1140-dispensing of drug and health supplies intended for the general health,
1141-welfare, and safety of the public, without placing any other activity on
1142-a more important level than the practice of pharmacy.
1143-"The practice of pharmacy" or "the practice of the profession of
1144-pharmacy" means a patient oriented health care profession in which
1145-pharmacists interact with and counsel patients and with other health
1146-care professionals concerning drugs and devices used to enhance
1147-patients' wellness, prevent illness, and optimize the outcome of a drug
1148-or device, by accepting responsibility for performing or supervising a
1149-pharmacist intern or an unlicensed person under section 18.5 of this
1150-chapter to do the following acts, services, and operations:
1151-(1) The offering of or performing of those acts, service operations,
1152-or transactions incidental to the interpretation, evaluation, and
1153-implementation of prescriptions or drug orders.
1154-(2) The compounding, labeling, administering, dispensing, or
1155-selling of drugs and devices, including radioactive substances,
1156-whether dispensed under a practitioner's prescription or drug
1157-order or sold or given directly to the ultimate consumer.
1158-(3) The proper and safe storage and distribution of drugs and
1159-devices.
1160-(4) The maintenance of proper records of the receipt, storage,
1161-sale, and dispensing of drugs and devices.
1162-(5) Counseling, advising, and educating patients, patients'
1163-caregivers, and health care providers and professionals, as
1164-necessary, as to the contents, therapeutic values, uses, significant
1165-problems, risks, and appropriate manner of use of drugs and
1166-HEA 1169 — CC 1 27
1167-devices.
1168-(6) Assessing, recording, and reporting events related to the use
1169-of drugs or devices.
1170-(7) Provision of the professional acts, professional decisions, and
1171-professional services necessary to maintain all areas of a patient's
1172-pharmacy related care as specifically authorized to a pharmacist
1173-under this article.
1174-(8) Provision of medication therapy management.
1175-"Prescription" means a written order or an order transmitted by other
1176-means of communication from a practitioner to or for an ultimate user
1177-for any drug or device containing:
1178-(1) the name and address of the patient;
1179-(2) the date of issue;
1180-(3) the name and strength or size (if applicable) of the drug or
1181-device;
1182-(4) the amount to be dispensed (unless indicated by directions and
1183-duration of therapy);
1184-(5) adequate directions for the proper use of the drug or device by
1185-the patient;
1186-(6) the name of the practitioner; and
1187-(7) if the prescription:
1188-(A) is in written form, the signature of the practitioner; or
1189-(B) is in electronic form, the electronic signature of the
1190-practitioner.
1191-"Qualifying pharmacist" means the pharmacist who will qualify the
1192-pharmacy by being responsible to the board for the legal operations of
1193-the pharmacy under the permit.
1194-"Record" means all papers, letters, memoranda, notes, prescriptions,
1195-drug orders, invoices, statements, patient medication charts or files,
1196-computerized records, or other written indicia, documents, or objects
1197-which are used in any way in connection with the purchase, sale, or
1198-handling of any drug or device.
1199-"Sale" means every sale and includes:
1200-(1) manufacturing, processing, transporting, handling, packaging,
1201-or any other production, preparation, or repackaging;
1202-(2) exposure, offer, or any other proffer;
1203-(3) holding, storing, or any other possession;
1204-(4) dispensing, giving, delivering, or any other supplying; and
1205-(5) applying, administering, or any other using.
1206-SECTION 56. IC 25-26-13-3, AS AMENDED BY P.L.249-2019,
1207-SECTION 113, IS AMENDED TO READ AS FOLLOWS
1208-[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The Indiana board of
1209-pharmacy is created. The board consists of seven (7) members
1210-appointed by the governor for terms under IC 25-1-6.5.
1211-HEA 1169 — CC 1 28
1212-(b) Subject to IC 25-1-6.5-3, the board consists of the following:
1213-(1) One (1) member of the board, to represent the general public,
1214-who is a resident of this state who has never been associated with
1215-pharmacy in any way other than as a consumer.
1216-(2) Six (6) Five (5) members who are pharmacists in good
1217-standing of recognized experience and ability from varied practice
1218-settings who hold a current license to practice pharmacy in
1219-Indiana, including one (1) member of the board who must be a
1220-practicing hospital pharmacist.
1221-(3) One (1) member who is a pharmacy technician in good
1222-standing, engaged in active practice as a pharmacy technician,
1223-and holds a current certification from the Pharmacy
1224-Technician Certification Board.
1225-(c) A member may be removed under IC 25-1-6.5-4.
1226-(d) Not later than ten (10) days after a member's appointment, the
1227-member must subscribe by oath or affirmation to faithfully uphold the
1228-duties of the member's office. If a member fails to qualify as provided,
1229-a new member shall be appointed in the member's place.
1230-(e) At the first meeting of each year the board shall elect from
1231-among its members a president and vice president who shall perform
1232-duties and have powers as the board prescribes.
1233-(f) The board shall meet at least eight (8) times per year at such
1234-times and places as the board selects. At each meeting the board shall
1235-continue in session from day to day, for not more than five (5) days,
1236-until the business of the meeting is complete. Four (4) members of the
1237-board shall constitute a quorum.
1238-(g) Each member of the board is entitled to compensation as
1239-determined by the rules of the budget agency for each day the member
1240-is actually engaged in business of the board, together with necessary
1241-travel and other expenses incurred in the performance of the member's
1242-duties.
1243-(h) Approval by a majority of the quorum is required for any action
1244-to be taken by the board.
1245-SECTION 57. IC 25-26-13-10, AS AMENDED BY P.L.101-2020,
1246-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1247-JULY 1, 2022]: Sec. 10. (a) An applicant for registration as a
1248-pharmacist intern must furnish proof satisfactory to the board that the
1249-applicant:
1250-(1) is actively enrolled in a school of pharmacy accredited by the
1251-American Council of Pharmaceutical for Pharmacy Education;
1252-(2) has obtained the Foreign Pharmacy Graduate Examination
1253-Committee Certificate; or
1254-(3) is a qualified applicant awaiting the examination for licensure
1255-as a pharmacist.
1256-HEA 1169 — CC 1 29
1257-(b) A registration issued under subsection (a) is valid for one (1)
1258-year and may be renewed by the board in accordance with subsection
1259-(c) until the expiration date established by the Indiana professional
1260-licensing agency under IC 25-1-5-4.
1261-(c) An application for registration or renewal must be accompanied
1262-by the appropriate fee and one (1) of the following:
1263-(1) Proof of having obtained the Foreign Pharmacy Graduate
1264-Examination Committee Certificate.
1265-(2) Proof of active enrollment in a school of pharmacy accredited
1266-by the American Council of Pharmaceutical for Pharmacy
1267-Education.
1268-SECTION 58. IC 25-26-13-11, AS AMENDED BY P.L.98-2006,
1269-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1270-JULY 1, 2022]: Sec. 11. (a) To be eligible for licensure as a
1271-pharmacist, an individual must file such evidence as is required by the
1272-board that:
1273-(1) the individual is at least eighteen (18) years of age;
1274-(2) the individual does not have a conviction for a crime that has
1275-a direct bearing on the individual's ability to practice competently;
1276-(3) the individual:
1277-(A) has graduated with a professional degree from a school of
1278-pharmacy accredited by the American Council of
1279-Pharmaceutical for Pharmacy Education or the Canadian
1280-Council on Pharmacy Accreditation for Accreditation of
1281-Pharmacy Programs and approved by the board; or
1282-(B) has:
1283-(i) graduated with a professional degree from a school of
1284-pharmacy located outside the United States and Canada; and
1285-(ii) met the requirements under subsection (c); and
1286-(4) the individual has satisfactorily completed a pharmacist intern
1287-program approved by the board.
1288-(b) An applicant who has graduated with a professional degree from
1289-a school of pharmacy accredited by the Canadian Council on Pharmacy
1290-Accreditation for Accreditation of Pharmacy Programs and
1291-approved by the board must obtain the Foreign Pharmacy Graduate
1292-Examination Committee Certificate administered by the National
1293-Association of Boards of Pharmacy before taking the examination
1294-required under subsection (d).
1295-(c) An applicant who has graduated with a professional degree from
1296-a school of pharmacy located outside the United States and Canada
1297-must do the following:
1298-(1) Provide the board with verification of the applicant's academic
1299-record and graduation.
1300-(2) Obtain the Foreign Pharmacy Graduate Examination
1301-HEA 1169 — CC 1 30
1302-Committee Certificate administered by the National Association
1303-of Boards of Pharmacy.
1304-(d) After filing an application on a form provided by the board,
1305-submitting the information required in subsection (a), and successfully
1306-completing the examination administered by the board, the applicant
1307-may be licensed as a pharmacist.
1308-SECTION 59. IC 25-26-13-12, AS AMENDED BY P.L.98-2006,
1309-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1310-JULY 1, 2022]: Sec. 12. (a) An individual who is licensed as a
1311-pharmacist in another state where the requirements for licensure were
1312-not less than those required in this state at the time of original licensure
1313-may be issued a license in this state if:
1314-(1) the individual has registered with and been approved by the
1315-National Association of Boards of Pharmacy;
1316-(2) the individual has graduated with a professional degree in
1317-pharmacy from a school of pharmacy accredited by the American
1318-Council of Pharmaceutical for Pharmacy Education or the
1319-Canadian Council on Pharmacy Accreditation for Accreditation
1320-of Pharmacy Programs and approved by the board; and
1321-(3) the individual has successfully completed an examination
1322-administered by the board concerning the federal statutes and
1323-regulations and the Indiana statutes and rules governing the
1324-practice of pharmacy.
1325-(b) An individual who has a professional pharmacy degree from a
1326-school of pharmacy located outside the United States and Canada and
1327-who is licensed in another state where the requirements for licensure
1328-are substantially the same as those in this state may be issued a license
1329-under this chapter if:
1330-(1) the individual has registered with and been approved by the
1331-National Association of Boards of Pharmacy;
1332-(2) the individual has provided the board with proof of the
1333-applicant's:
1334-(A) academic record and graduation with a professional degree
1335-from a school of pharmacy; and
1336-(B) completion of the requirements for obtaining a Foreign
1337-Pharmacy Graduate Examination Committee Certificate
1338-administered by the National Association of Boards of
1339-Pharmacy; and
1340-(3) the individual has successfully completed an examination
1341-administered by the board concerning the federal statutes and
1342-regulations and the Indiana statutes and rules governing the
1343-practice of pharmacy.
1344-SECTION 60. IC 25-26-13-20, AS AMENDED BY P.L.207-2021,
1345-SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1346-HEA 1169 — CC 1 31
1347-JULY 1, 2022]: Sec. 20. (a) A person desiring to open, establish,
1348-operate, or maintain a pharmacy shall apply to the board for a
1349-pharmacy permit on a form provided by the board. The applicant shall
1350-set forth:
1351-(1) the name and occupation of the persons desiring the permit;
1352-(2) the location, including street address and city, of the
1353-pharmacy; and
1354-(3) the name of the pharmacist who will qualify the pharmacy by
1355-being responsible to the board for the legal operation of the
1356-pharmacy under the permit; and
1357-(4) (3) such other information as the board may require.
1358-(b) If the applicant desires to open, establish, operate, or maintain
1359-more than one (1) pharmacy, the applicant must file a separate
1360-application for each. Each pharmacy must be qualified by a different
1361-pharmacist.
1362-(c) The board shall permit a pharmacist to serve as a qualifying
1363-pharmacist for more than one (1) pharmacy holding a Category II
1364-pharmacy permit upon the holder of the Category II permit showing
1365-circumstances establishing that:
1366-(1) the permit holder has made a reasonable effort, without
1367-success, to obtain a qualifying pharmacist who is not serving as
1368-a qualifying pharmacist at another Category II pharmacy; and
1369-(2) the single pharmacist could effectively fulfill all duties and
1370-responsibilities of the qualifying pharmacist at both locations.
1371-However, the board shall hold the permit holder responsible and may
1372-not discipline or otherwise hold the qualifying pharmacist an
1373-individual licensed under this chapter responsible for staffing
1374-deficiencies of the pharmacy if the qualifying pharmacist individual
1375-does not have authority for staffing determinations of the pharmacy.
1376-(d) The board shall grant or deny an application for a permit not
1377-later than one hundred twenty (120) days after the application and any
1378-additional information required by the board are submitted.
1379-(e) The board may not issue a pharmacy permit to a person who
1380-desires to operate the pharmacy out of a residence.
1381-SECTION 61. IC 25-26-13-24.8, AS AMENDED BY P.L.207-2021,
1382-SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1383-JULY 1, 2022]: Sec. 24.8. (a) Upon request of a patient, a pharmacy
1384-shall transfer to another pharmacy a prescription for the patient,
1385-including a prescription for a schedule II controlled substance, that the
1386-pharmacy has received but not filled unless:
1387-(1) prohibited in writing on the prescription by the prescriber; or
1388-(2) otherwise prohibited by federal law.
1389-(b) Unless prohibited by federal law, a prescription for a patient may
1390-be transferred electronically or by facsimile by a pharmacy to another
1391-HEA 1169 — CC 1 32
1392-pharmacy if the pharmacies do not share a common data base.
1393-(c) A licensed pharmacy technician may transfer a prescription,
1394-under subsection (b) including making a verbal transfer, as
1395-delegated by a pharmacist.
1396-SECTION 62. IC 25-26-13-27 IS AMENDED TO READ AS
1397-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 27. (a) If a pharmacy
1398-will be closed for five (5) consecutive days or more, the permit holder
1399-shall notify the board and take such steps to secure the drugs in the
1400-pharmacy as the board may direct.
1401-(b) If a pharmacy is to be permanently closed for any reason, the
1402-owner or qualifying pharmacist shall:
1403-(1) notify the board not less than twenty (20) days before the
1404-transfer of any controlled substances and submit a copy of the
1405-inventory form required by the federal drug enforcement
1406-administration together with the name, address, and registration
1407-number of the person to whom the drugs will be transferred;
1408-(2) remove all legend drugs from stock by:
1409-(A) returning them to the wholesaler or manufacturer if he the
1410-wholesaler or manufacturer consents;
1411-(B) transferring them to another pharmacy; or
1412-(C) destroying them in the presence of a representative
1413-appointed by the board;
1414-(3) before disposing of any other merchandise in the pharmacy,
1415-dispose of all controlled drugs and legend drugs as provided in
1416-clauses (1) and (2) and submit the licensed premises to an
1417-inspection by a representative of the board to certify that all
1418-legend and controlled drugs have been removed;
1419-(4) remove from inside and outside the licensed area all symbols
1420-and signs using the words "drugs", "drugstore", "prescriptions",
1421-"pharmacy", "pharmacy department", "apothecary", or
1422-"apothecary shop", or any combination of such titles; and
1423-(5) return the pharmacy permit for cancellation by the board
1424-within ten (10) days after all legend drugs, controlled drugs, drugs
1425-and devices are removed from the premises.
1426-SECTION 63. IC 25-26-13-31.7, AS AMENDED BY P.L.207-2021,
1427-SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1428-JULY 1, 2022]: Sec. 31.7. (a) Subject to rules adopted under
1429-subsection (c), a pharmacy technician may administer an influenza or
1430-coronavirus disease any immunization to an individual under a drug
1431-order or prescription, as delegated by the pharmacist.
1432-(b) Subject to rules adopted under subsection (c), a pharmacy
1433-technician may administer an influenza or coronavirus disease
1434-immunization to an individual or a group of individuals under a drug
1435-order, under a prescription, or according to a protocol approved by a
1436-HEA 1169 — CC 1 33
1437-physician, as delegated by the pharmacist.
1438-(c) The board shall adopt rules under IC 4-22-2 to establish
1439-requirements applying to a pharmacy technician who administers an
1440-influenza or coronavirus disease immunization to an individual or
1441-group of individuals. The rules adopted under this section must provide
1442-for the direct supervision of the pharmacy technician by a pharmacist,
1443-a physician, a physician assistant, or an advanced practice registered
1444-nurse. Before July 1, 2021, the board shall adopt emergency rules
1445-under IC 4-22-2-37.1 to establish the requirements described in this
1446-subsection. concerning the influenza immunization and the coronavirus
1447-disease immunization. Notwithstanding IC 4-22-2-37.1(g), an
1448-emergency rule adopted by the board under this subsection and in the
1449-manner provided by IC 4-22-2-37.1 expires on the date on which a rule
1450-that supersedes the emergency rule is adopted by the board under
1451-IC 4-22-2-24 through IC 4-22-2-36.
1452-(d) The board must approve all programs that provide training to
1453-pharmacy technicians to administer influenza and coronavirus disease
1454-immunizations as permitted by this section.
1455-SECTION 64. IC 25-26-13.5-6, AS AMENDED BY P.L.207-2021,
1456-SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1457-JULY 1, 2022]: Sec. 6. (a) Before a remote dispensing facility may do
1458-business in Indiana, the remote dispensing facility must be registered
1459-with the board under this chapter and in the manner prescribed by the
1460-board.
1461-(b) Before a pharmacy licensed under this article may operate a
1462-remote dispensing facility, the pharmacy must register with the board
1463-under this chapter.
1464-(c) A facility must meet the following requirements in order to be
1465-registered as a remote dispensing facility under this chapter:
1466-(1) If the remote dispensing facility is not jointly owned by the
1467-pharmacy, operate under a contract with a supervising pharmacy.
1468-(2) Be supervised by a qualifying pharmacist who is licensed
1469-under this article and who is designated by the supervising
1470-pharmacy to be responsible for oversight of the remote dispensing
1471-facility.
1472-(3) Be located at least ten (10) miles from an existing retail
1473-pharmacy unless:
1474-(A) the applicant with the proposed remote dispensing facility
1475-demonstrates to the board how the proposed remote dispensing
1476-facility will promote public health; or
1477-(B) the remote dispensing facility exclusively serves the
1478-patients of:
1479-(i) a community mental health center established under
1480-IC 12-29;
1481-HEA 1169 — CC 1 34
1482-(ii) a health care facility (as defined in IC 16-28-13-0.5); or
1483-(iii) a physician clinic.
1484-(4) Maintain a patient counseling area.
1485-(5) Display a sign visible to the public indicating that the location
1486-is a remote dispensing facility. The sign must include the
1487-following information:
1488-(A) That the facility provides remote services supervised by a
1489-pharmacist located in another pharmacy.
1490-(B) The identification and address of the supervising
1491-pharmacy.
1492-(C) Disclosure that a pharmacist is required to speak to the
1493-consumer using audio and video communication systems any
1494-time a new drug or device is dispensed at the remote
1495-dispensing facility.
1496-(D) Whether patient counseling is provided on a prescription
1497-drug refill at the remote dispensing facility.
1498-(E) That the facility is under continuous video surveillance and
1499-that the video is recorded.
1500-(d) If the remote dispensing facility is operating under a contract
1501-with a supervising pharmacy, the contract must:
1502-(1) specify the responsibilities of each party to the contract; and
1503-(2) be available for review by the board at the board's request.
1504-SECTION 65. IC 25-26-13.5-7, AS ADDED BY P.L.202-2017,
1505-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1506-JULY 1, 2022]: Sec. 7. A supervising pharmacy shall implement
1507-policies and procedures that address each of the following before
1508-engaging in the practice of telepharmacy under this chapter:
1509-(1) Minimum standards and practices that ensure the safety,
1510-accuracy, security, sanitation, record keeping, and patient
1511-confidentiality at the remote dispensing facility. The standards
1512-and practices must include the following:
1513-(A) Identification of personnel authorized to accept delivery of
1514-the drugs and to have access to drug storage and dispensing
1515-areas at the remote dispensing facility.
1516-(B) Procedures for the procurement of drugs and devices at the
1517-remote dispensing facility and any automated dispensing
1518-machine system used.
1519-(C) Criteria for the required inspection of the remote
1520-dispensing facility by the qualifying a pharmacist.
1521-(2) The adoption of training standards required for personnel
1522-employed at a remote dispensing facility to ensure the
1523-competence and ability of employees in operating the electronic
1524-verification, electronic record keeping, and communication
1525-systems.
1526-HEA 1169 — CC 1 35
1527-(3) A written plan for recovery from an event that interrupts or
1528-prevents pharmacist supervision of the remote dispensing facility.
1529-(4) Policies concerning the dispensing of prescription drugs.
1530-SECTION 66. IC 25-26-13.5-8 IS REPEALED [EFFECTIVE JULY
1531-1, 2022]. Sec. 8. (a) The qualifying pharmacist and a pharmacist on
1532-duty are responsible for ensuring that the supervising pharmacy and
1533-remote dispensing facility are sufficiently staffed to avoid the risk of
1534-harm to public health and safety.
1535-(b) In order to serve as a qualifying pharmacist, the pharmacist must
1536-be in good standing with the board.
1537-(c) A qualifying pharmacist may have this designation for only one
1538-(1) supervising pharmacy and for one (1) remote dispensing facility at
1539-a time.
1540-(d) A qualifying pharmacist must be able to be physically at the
1541-remote dispensing facility within a certain time set by the board to
1542-address emergencies and safety issues that arise. However, in the
1543-qualifying pharmacist's absence the qualifying pharmacist may
1544-designate another pharmacist to fulfill the qualifying pharmacist's
1545-duties at the remote dispensing facility.
1546-(e) A qualifying pharmacist shall visit a remote dispensing facility
1547-at least as often as required by the board to inspect the facility and
1548-address personnel matters. The qualifying pharmacist shall complete
1549-any forms required by the board concerning the required inspection and
1550-maintain the records in a manner specified by the board.
1551-(f) If the remote dispensing facility is located at a hospital or
1552-physician clinic and uses an automated dispensing machine, the
1553-qualifying pharmacist shall maintain an up to date inventory of any
1554-schedule II controlled substances. The qualifying pharmacist shall at
1555-least monthly inventory all controlled substances.
1556-(g) The qualifying pharmacist shall develop and implement a
1557-continuous quality improvement program. The program must include
1558-a reporting mechanism for errors that occur concerning the remote
1559-dispensing facility. Information concerning the program must be
1560-available to the board upon request.
1561-SECTION 67. IC 25-26-13.5-8.5 IS ADDED TO THE INDIANA
1562-CODE AS A NEW SECTION TO READ AS FOLLOWS
1563-[EFFECTIVE JULY 1, 2022]: Sec. 8.5. A pharmacy operating a
1564-remote dispensing facility is responsible for ensuring the following:
1565-(1) The remote dispensing facility is sufficiently staffed to
1566-avoid the risk of harm to public health and safety.
1567-(2) The pharmacist servicing the remote dispensing facility is
1568-in good standing with the board.
1569-(3) A pharmacy may not operate more than one (1) remote
1570-dispensing facility at a time, unless otherwise approved by the
1571-HEA 1169 — CC 1 36
1572-board.
1573-(4) A pharmacist must be able to be physically present at the
1574-remote dispensing facility within a certain time set by the
1575-board to address emergencies and safety issues that arise.
1576-(5) A pharmacist shall visit the remote dispensing facility at
1577-least as often as required by the board to inspect the facility,
1578-address personnel matters, complete any forms required by
1579-the board concerning the required inspection, and maintain
1580-records in the manner specified by the board.
1581-(6) If the remote dispensing facility is located at a hospital or
1582-physician clinic and uses an automated dispensing machine,
1583-a pharmacist must maintain an up to date inventory of any
1584-schedule II controlled substances. An inventory of all
1585-controlled substances must be completed at least once a
1586-month.
1587-(7) The pharmacy must develop a continuous quality
1588-improvement program, which must include a reporting
1589-mechanism for errors that occur concerning the remote
1590-dispensing facility. Information concerning the remote
1591-dispensing facility must be made available to the board upon
1592-request.
1593-SECTION 68. IC 25-26-13.5-9, AS AMENDED BY P.L.246-2019,
1594-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1595-JULY 1, 2022]: Sec. 9. (a) There must be at least one (1) pharmacist
1596-working at a remote dispensing facility for every six (6) pharmacist
1597-interns, licensed pharmacy technicians, and pharmacy technicians in
1598-training at the supervising pharmacy and remote dispensing facility.
1599-However, an individual whose only duty is to act as the cashier is not
1600-included in the number of employees that may work for one (1)
1601-pharmacist under this subsection.
1602-(b) A remote dispensing facility that is not staffed by a pharmacist
1603-must be staffed by at least one (1) pharmacy technician who meets the
1604-following requirements:
1605-(1) Is licensed under IC 25-26-19.
1606-(2) Has at least two thousand (2,000) hours of experience working
1607-as a pharmacy technician in a pharmacy licensed under this article
1608-and under the direct supervision of a pharmacist.
1609-(3) Has successfully passed a certification examination offered by
1610-the Pharmacy Technician Certification Board or another
1611-nationally recognized certification body approved by the board.
1612-(4) If the remote dispensing facility is located in a hospital or
1613-physician clinic setting, either:
1614-(A) has graduated from a pharmacy technician training
1615-program accredited by the American Council of
1616-Pharmaceutical for Pharmacy Education or the American
1617-HEA 1169 — CC 1 37
1618-Society of Health System Pharmacists; or
1619-(B) obtained the hours described in subdivision (2) before July
1620-1, 2017.
1621-(5) Is supervised by a pharmacist at the supervising pharmacy at
1622-all times that the remote dispensing facility is operational. As
1623-used in this subdivision, supervision does not require that the
1624-pharmacist be physically present at the remote dispensing facility
1625-as long as the pharmacist is supervising telepharmacy operations
1626-electronically through a computer link, video link, and audio link.
1627-(6) Is currently in good standing with the board.
1628-(c) A pharmacy technician in training may not work at a remote
1629-dispensing facility unless a pharmacist is on site.
1630-(d) The board shall adopt rules that require pharmacy technicians
1631-working at a remote dispensing facility that is not staffed by a
1632-pharmacist to complete continuing education requirements established
1633-by the board.
1634-SECTION 69. IC 25-26-13.5-11, AS AMENDED BY P.L.207-2021,
1635-SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1636-JULY 1, 2022]: Sec. 11. (a) A supervising pharmacy of a remote
1637-dispensing facility must maintain a video and audio communication
1638-system that provides for effective communication between the
1639-supervising pharmacy, the remote dispensing facility, and any
1640-consumers. The system must do the following:
1641-(1) Provide an adequate number of views of the entire remote
1642-dispensing facility.
1643-(2) Facilitate adequate pharmacist supervision.
1644-(3) Allow an appropriate exchange of visual, verbal, and written
1645-communications for patient counseling and other matters
1646-concerning the lawful transaction of business.
1647-(b) The remote dispensing facility must retain a recording of facility
1648-surveillance, excluding patient communications, for at least thirty (30)
1649-days.
1650-(c) A qualifying pharmacist is adequately supervising through the
1651-use of video surveillance by maintaining constant visual supervision
1652-and auditory communication with the remote dispensing facility and by
1653-maintaining full supervisory control of the automated system, if
1654-applicable. The auditory communication must be available, as needed,
1655-with the remote dispensing facility and the qualifying pharmacist.
1656-(d) A video monitor that is being used to properly identify and
1657-communicate with consumers must meet the following requirements:
1658-(1) Provide both the supervising pharmacy and the remote
1659-dispensing facility with direct visual contact between the
1660-pharmacist and the consumer.
1661-(2) Be secure and compliant with the federal Health Insurance
1662-HEA 1169 — CC 1 38
1663-Portability and Accountability Act (HIPAA).
1664-(e) If any component of the communication system is not in
1665-operating order, the remote dispensing facility shall remain closed until
1666-the communication system is fully operational, unless a pharmacist is
1667-located at the remote dispensing facility.
1668-SECTION 70. IC 25-26-13.5-14, AS ADDED BY P.L.202-2017,
1669-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1670-JULY 1, 2022]: Sec. 14. (a) A remote dispensing facility shall have
1671-adequate security. The security must do the following:
1672-(1) Record the entrance and exit of individuals to the facility.
1673-(2) Use alarms or other comparable monitoring systems that
1674-protect the equipment, records, drug supply, devices, and other
1675-items from unauthorized access, acquisition, or use.
1676-(3) Use at least two (2) factoring credentials for employee entry
1677-to the remote dispensing facility, using two (2) of the following:
1678-(A) A knowledge factor, including a password.
1679-(B) Biometrics.
1680-(C) An inanimate object.
1681-(b) The qualifying A pharmacist shall periodically review the record
1682-of entries into the remote dispensing facility.
1683-(c) The prescription storage area may remain open while a
1684-pharmacist or pharmacy technician is on duty.
1685-SECTION 71. IC 25-26-13.5-15, AS ADDED BY P.L.202-2017,
1686-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1687-JULY 1, 2022]: Sec. 15. (a) A controlled substance may not be
1688-dispensed at the remote dispensing facility unless:
1689-(1) the facility maintains a perpetual inventory of controlled
1690-substances; and
1691-(2) the supervising pharmacist checks the Indiana scheduled
1692-prescription electronic collection and tracking program
1693-established by IC 25-1-13-4 or as directed by the board before:
1694-(A) verification of the finished controlled substance
1695-prescription; and
1696-(B) counseling the patient.
1697-(b) Drugs may be transported to a remote dispensing facility that
1698-uses an automated dispensing machine only in a sealed container with
1699-a list identifying each drug, drug strength, and quantity included in the
1700-container.
1701-(c) A delivery of drugs may be accepted at the remote dispensing
1702-facility only if a pharmacist or a licensed pharmacy technician is
1703-present to accept delivery and verify and sign for the receipt of the
1704-drugs, unless the drugs are placed in a secured delivery area that
1705-complies with federal and state law.
1706-(d) If the delivery is received by a pharmacy technician, a
1707-HEA 1169 — CC 1 39
1708-pharmacist at the supervising pharmacy shall ensure through the use of
1709-the electronic audio and video communication system or bar code
1710-technology that the pharmacy technician has accurately restocked the
1711-drugs.
1712-(e) A remote dispensing facility must store drugs in a manner that:
1713-(1) complies with federal and state law;
1714-(2) protects the identity, safety, security, and integrity of the drug;
1715-and
1716-(3) limits access to:
1717-(A) a pharmacist employed by the supervising pharmacy; and
1718-(B) a pharmacy technician who has written authorization of the
1719-qualifying a pharmacist to access the facility.
1720-SECTION 72. IC 25-26-14-11, AS AMENDED BY P.L.264-2019,
1721-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1722-JULY 1, 2022]: Sec. 11. As used in this chapter, "wholesale
1723-distribution" means to distribute legend drugs to persons other than a
1724-consumer or patient. The term does not include:
1725-(1) a sale or transfer between a division, a subsidiary, a parent, an
1726-affiliated, or a related company under the common ownership and
1727-control of a corporate entity;
1728-(2) the purchase or acquisition by a hospital or other health care
1729-entity that is a member of a group purchasing organization of a
1730-drug for the hospital's or health care entity's own use from the
1731-group purchasing organization or from other hospitals or health
1732-care entities that are members of the organization;
1733-(3) the sale or transfer of a drug by a charitable organization
1734-described in Section 501(c)(3) of the Internal Revenue Code, to:
1735-(A) a nonprofit affiliate of the organization; or
1736-(B) a nonprofit entity described in Section 501(c)(3) of the
1737-Internal Revenue Code that is not affiliated with the
1738-organization;
1739-to the extent otherwise permitted by law;
1740-(4) the sale of a drug among hospitals or other health care entities
1741-that are under common control;
1742-(5) the sale of a drug for emergency medical reasons, including
1743-transfers of legend drugs by a retail pharmacy to another retail
1744-pharmacy to alleviate a temporary shortage, if the gross dollar
1745-value of the transfers does not exceed five percent (5%) of the
1746-total legend drug sales revenue of either the transferor or
1747-transferee pharmacy during any twelve (12) consecutive month
1748-period;
1749-(6) the sale of a drug or the dispensing of a drug pursuant to a
1750-prescription;
1751-(7) the distribution of drug samples by manufacturers'
1752-HEA 1169 — CC 1 40
1753-representatives or distributors' representatives;
1754-(8) the sale of blood and blood components intended for
1755-transfusion;
1756-(9) the sale of a drug by a retail pharmacy to a practitioner (as
1757-defined in IC 25-26-13-2) for office use, if the gross dollar value
1758-of the transfers does not exceed five percent (5%) of the retail
1759-pharmacy's total legend drug sales during any twelve (12)
1760-consecutive months;
1761-(10) the sale of a drug by a retail pharmacy that is ending its
1762-business and liquidating its inventory to another retail pharmacy;
1763-(11) drug returns by a hospital, health care entity, or charitable
1764-institution conducted under 21 CFR 203.23;
1765-(12) the sale of minimal quantities of drugs by retail pharmacies
1766-to licensed practitioners for office use;
1767-(13) the distribution of prescription drugs by the original
1768-manufacturer of the finished form of the prescription drug or the
1769-distribution of the co-licensed products by a partner of the
1770-original manufacturer of the finished form of the prescription
1771-drug; or
1772-(14) drug returns that meet criteria established by rules adopted
1773-by the board; or
1774-(15) the sale of a drug for research or clinical trial purposes,
1775-provided the seller is authorized by the federal Food and Drug
1776-Administration to sell the drug for research or clinical trial
1777-purposes.
1778-SECTION 73. IC 25-27-1-2, AS AMENDED BY P.L.196-2021,
1268+to ensure compliance with this section.".
1269+Page 18, between lines 12 and 13, begin a new paragraph and insert:
1270+"SECTION 45. IC 25-27-1-2, AS AMENDED BY P.L.196-2021,
17791271 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17801272 JULY 1, 2022]: Sec. 2. (a) Except as otherwise provided in this chapter
17811273 and IC 25-27-2, it is unlawful for a person or business entity to do the
17821274 following:
17831275 (1) Practice physical therapy without first obtaining from the
17841276 board a license authorizing the person to practice physical therapy
17851277 in this state.
17861278 (2) Profess to be or promote an employee to be a physical
17871279 therapist, physiotherapist, doctor of physiotherapy, doctor of
17881280 physical therapy, or registered physical therapist or to use the
17891281 initials "P.T.", "D.P.T.", "L.P.T.", or "R.P.T.", or any other letters,
17901282 words, abbreviations, or insignia indicating that physical therapy
17911283 is provided by a physical therapist, unless physical therapy is
17921284 provided by or under the direction of a physical therapist.
17931285 (3) Advertise services for physical therapy or physiotherapy
17941286 services, unless the individual performing those services is a
17951287 physical therapist.
17961288 (b) Except as provided in subsection (e) and section 2.5 of this
1797-HEA 1169 — CC 1 41
17981289 chapter, it is unlawful for a person to practice physical therapy other
17991290 than upon the order or referral of a physician, a podiatrist, a
18001291 psychologist, a chiropractor, a dentist, nurse practitioner, an advanced
18011292 practice registered nurse, or a physician assistant holding an
18021293 unlimited license to practice medicine, podiatric medicine, psychology,
18031294 chiropractic, dentistry, nursing, or as a physician assistant, respectively.
18041295 It is unlawful for a physical therapist to use the services of a physical
18051296 therapist assistant except as provided under this chapter. For the
18061297 purposes of this subsection, the function of:
18071298 (1) teaching;
18081299 (2) doing research;
18091300 (3) providing advisory services; or
18101301 (4) conducting seminars on physical therapy;
18111302 is not considered to be a practice of physical therapy.
18121303 (c) Except as otherwise provided in this chapter and IC 25-27-2, it
18131304 is unlawful for a person to profess to be or act as a physical therapist
18141305 assistant or to use the initials "P.T.A." or any other letters, words,
1306+EH 1169—LS 7145/DI 77 31
18151307 abbreviations, or insignia indicating that the person is a physical
18161308 therapist assistant without first obtaining from the board a certificate
18171309 authorizing the person to act as a physical therapist assistant. It is
18181310 unlawful for the person to act as a physical therapist assistant other
18191311 than under the general supervision of a licensed physical therapist who
18201312 is in responsible charge of a patient. However, nothing in this chapter
18211313 prohibits a person licensed or registered in this state under another law
18221314 from engaging in the practice for which the person is licensed or
18231315 registered. These exempted persons include persons engaged in the
18241316 practice of osteopathic medicine, chiropractic, or podiatric medicine.
18251317 (d) Except as provided in section 2.5 of this chapter, this chapter
18261318 does not authorize a person who is licensed as a physical therapist or
18271319 certified as a physical therapist assistant to:
18281320 (1) evaluate any physical disability or mental disorder except
18291321 upon the order or referral of a physician, a podiatrist, a
18301322 psychologist, a chiropractor, a physician assistant, nurse
18311323 practitioner, an advanced practice registered nurse, or a
18321324 dentist;
18331325 (2) practice medicine, surgery (as described in
18341326 IC 25-22.5-1-1.1(a)(1)(C)), dentistry, optometry, osteopathic
18351327 medicine, psychology, chiropractic, or podiatric medicine; or
18361328 (3) prescribe a drug or other remedial substance used in medicine.
18371329 (e) Upon the referral of a licensed school psychologist, a physical
18381330 therapist who is:
18391331 (1) licensed under this article; and
18401332 (2) an employee or contractor of a school corporation;
18411333 may provide mandated school services to a student that are within the
1842-HEA 1169 — CC 1 42
18431334 physical therapist's scope of practice.
1844-SECTION 74. IC 27-8-14.5-6 IS AMENDED TO READ AS
1335+SECTION 46. IC 27-8-14.5-6 IS AMENDED TO READ AS
18451336 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) A health
18461337 insurance plan issued by an insurer must provide coverage for diabetes
18471338 self-management training that is:
18481339 (1) medically necessary;
18491340 (2) ordered in writing by a physician licensed under IC 25-22.5,
1850-or a podiatrist licensed under IC 25-29, an advanced practice
1851-registered nurse licensed under IC 25-23, or a physician
1852-assistant licensed under IC 25-27.5; and
1341+or a podiatrist licensed under IC 25-29, or an advanced practice
1342+registered nurse licensed under IC 25-23; and
18531343 (3) provided by a health care professional who:
18541344 (A) is licensed, registered, or certified under IC 25; and
18551345 (B) has specialized training in the management of diabetes.
18561346 (b) Coverage for diabetes self-management training may be limited
18571347 to the following:
18581348 (1) One (1) or more visits after receiving a diagnosis of diabetes.
1349+EH 1169—LS 7145/DI 77 32
18591350 (2) One (1) or more visits after receiving a diagnosis by a
18601351 physician licensed under IC 25-22.5 or a podiatrist licensed under
18611352 IC 25-29 that:
18621353 (A) represents a significant change in the insured's symptoms
18631354 or condition; and
18641355 (B) makes changes in the insured's self-management medically
18651356 necessary.
18661357 (3) One (1) or more visits for reeducation or refresher training.
18671358 (c) Coverage for diabetes self-management training is subject to the
18681359 requirements of the health insurance plan regarding the use of
18691360 participating providers.
1870-SECTION 75. IC 27-8-27-6, AS AMENDED BY P.L.133-2020,
1361+SECTION 47. IC 27-8-27-6, AS AMENDED BY P.L.133-2020,
18711362 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18721363 JULY 1, 2022]: Sec. 6. (a) A health insurance plan that provides
18731364 coverage for early intervention services shall reimburse the first steps
18741365 program a monthly fee established by the division of disability and
18751366 rehabilitative services. Except when the monthly fee is less than the
18761367 product determined under IC 12-12.7-2-23(b), the monthly fee shall be
18771368 provided instead of claims processing of individual claims.
18781369 (b) A health insurance plan may not require authorization for
18791370 services specified in the covered individual's individualized family
18801371 service plan, if those services are a covered benefit under the plan,
1881-once the individualized family service plan is signed by a physician, an
1882-advanced practice registered nurse, or a physician assistant.
1372+once the individualized family service plan is signed by a physician or
1373+an advanced practice registered nurse.
18831374 (c) The department of insurance shall adopt rules under IC 4-22-2
1884-to ensure compliance with this section.
1885-SECTION 76. IC 35-45-21-4, AS ADDED BY P.L.158-2013,
1886-SECTION 547, IS AMENDED TO READ AS FOLLOWS
1887-HEA 1169 — CC 1 43
1888-[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) As used in this section,
1889-"tattoo" means:
1890-(1) any indelible design, letter, scroll, figure, symbol, or other
1891-mark placed with the aid of needles or other instruments; or
1892-(2) any design, letter, scroll, figure, or symbol done by scarring;
1893-upon or under the skin.
1894-(b) As used in this section, "body piercing" means the perforation
1895-of any human body part other than an earlobe for the purpose of
1896-inserting jewelry or other decoration or for some other nonmedical
1897-purpose.
1898-(c) Except as provided in subsection (e), a person who recklessly,
1899-knowingly, or intentionally provides a tattoo to a person who is less
1900-than eighteen (18) years of age commits tattooing a minor, a Class A
1901-misdemeanor.
1902-(d) This subsection does not apply to an act of a health care
1903-professional (as defined in IC 16-27-2-1) licensed under IC 25 when
1904-the act is performed in the course of the health care professional's
1905-practice. Except as provided in subsection (e), a person who recklessly,
1906-knowingly, or intentionally performs body piercing upon a person who
1907-is less than eighteen (18) years of age commits body piercing a minor,
1908-a Class A misdemeanor.
1909-(e) A person may provide a tattoo to a person who is less than
1910-eighteen (18) years of age or perform body piercing upon a person who
1911-is less than eighteen (18) years of age if a parent or legal guardian of
1912-the person receiving the tattoo or undergoing the body piercing:
1913-(1) is present at the time the tattoo is provided or the body
1914-piercing is performed; and
1915-(2) provides written permission for the person to receive the tattoo
1916-or undergo the body piercing.
1917-(f) Notwithstanding IC 36-1-3-8(a), a unit (as defined in
1918-IC 36-1-2-23) may adopt an ordinance that is at least as restrictive or
1919-more restrictive than this section or a rule adopted under
1920-IC 16-19-3-4.1 or IC 16-19-3-4.2. IC 16-19-3-4(c).
1921-SECTION 77. IC 36-2-14-5.5, AS ADDED BY P.L.225-2007,
1922-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1923-JULY 1, 2022]: Sec. 5.5. A child death pathologist shall:
1924-(1) consult with a coroner concerning a death described in section
1925-6.3(b) of this chapter;
1926-(2) conduct an autopsy of a child as described in sections 6.3(c)
1927-and 6.7(b) of this chapter; and
1928-(3) perform duties described in section 6.7(e) 6.7(f) of this
1929-chapter.
1930-SECTION 78. IC 36-2-14-6.7, AS ADDED BY P.L.225-2007,
1931-SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1932-HEA 1169 — CC 1 44
1933-JULY 1, 2022]: Sec. 6.7. (a) This section applies to a child who:
1934-(1) died suddenly and unexpectedly;
1935-(2) was less than three (3) years of age at the time of death; and
1936-(3) was in apparent good health before dying.
1937-(b) A child death pathologist or a pathology resident acting under
1938-the direct supervision of a child death pathologist shall conduct an
1939-autopsy of a child described in subsection (a).
1940-(c) A county coroner may not certify the cause of death of a child
1941-described in subsection (a) until an autopsy is performed at county
1942-expense.
1943-(d) The county coroner shall contact the parent or guardian of a
1944-child described in subsection (a) and notify the parent or guardian that
1945-an autopsy will be conducted at county expense.
1946-(e) A county coroner may not certify the cause of death for an
1947-infant described in subsection (a) as a sudden unexplained infant
1948-death, including sudden infant death syndrome, until a
1949-comprehensive death investigation is performed at the county's
1950-expense that includes the following:
1951-(1) Comprehensive autopsy including the following:
1952-(A) Imaging.
1953-(B) Pathology.
1954-(C) Toxicology.
1955-(2) Death scene investigation to include death scene photos.
1956-(3) Submission of the sudden unexplained infant death report
1957-form to a child death pathologist.
1958-(e) (f) The child death pathologist shall:
1959-(1) ensure that a tangible summary of the autopsy results is
1960-provided;
1961-(2) provide informational material concerning sudden infant death
1962-syndrome; and
1963-(3) unless the release of autopsy results would jeopardize a law
1964-enforcement investigation, provide notice that a parent or
1965-guardian has the right to receive the preliminary autopsy results;
1966-to the parents or guardian of the child within one (1) week after the
1967-autopsy.
1968-(f) (g) If a parent or guardian of a child described in subsection (a)
1969-requests the autopsy report of the child, the coroner shall provide the
1970-autopsy report to the parent or guardian within thirty (30) days after
1971-the:
1972-(1) request; or
1973-(2) completion of the autopsy report;
1974-whichever is later, at no cost.
1975-(g) (h) A coroner shall notify:
1976-(1) a local child fatality review team; or
1977-HEA 1169 — CC 1 45
1978-(2) if the county does not have a local child fatality review team,
1979-the statewide child fatality review committee;
1980-of the death of a child described in subsection (a).
1981-SECTION 79. [EFFECTIVE UPON PASSAGE] (a) The terms of
1982-members appointed to the division of disability and rehabilitative
1983-services advisory council under IC 12-9-4-3, before its amendment
1984-by this act, expire June 30, 2022.
1985-(b) This SECTION expires July 1, 2023.
1986-SECTION 80. An emergency is declared for this act.
1987-HEA 1169 — CC 1 Speaker of the House of Representatives
1988-President of the Senate
1989-President Pro Tempore
1990-Governor of the State of Indiana
1991-Date: Time:
1992-HEA 1169 — CC 1
1375+to ensure compliance with this section.".
1376+Renumber all SECTIONS consecutively.
1377+(Reference is to EHB 1169 as printed February 25, 2022.)
1378+CRIDER
1379+EH 1169—LS 7145/DI 77