Indiana 2022 Regular Session

Indiana House Bill HB1178 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1178
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-18-2; IC 16-21-18; IC 25-0.5-11-1;
7	7	IC 25-1-21.
8	8	Synopsis: Implicit bias training. Provides that after December 31,
9	9	2023, a hospital that provides inpatient maternity services and a
10	10	birthing center shall implement an evidence based implicit bias training
11	11	program for all health care providers who regularly provide perinatal
12	12	treatment and care to pregnant women at the hospital or birthing center.
13	13	Requires the health care providers to complete the training one time
14	14	every two years. Provides that after December 31, 2023, a practitioner
15	15	must complete implicit bias training before renewal of a license in a
16	16	health care profession. Provides an exemption for a license issued by
17	17	the board of veterinary medical examiners. Provides that a practitioner
18	18	is not required to complete implicit bias training more than one time
19	19	every two years unless specified by the board that regulates the
20	20	practitioner. Requires the board to approve and publish on its Internet
21	21	web site organizations approved to offer the implicit bias training to a
22	22	practitioner. Allows the board to grant the practitioner a hardship
23	23	waiver from the training requirement. Provides that taking implicit bias
24	24	training satisfies the requirements for both training at a hospital or
25	25	birthing center and the license renewal requirements.
26	26	Effective: July 1, 2022.
27	27	Summers
28	28	January 6, 2022, read first time and referred to Committee on Public Health.
29	29	2022 IN 1178—LS 6944/DI 77 Introduced
30	30	Second Regular Session of the 122nd General Assembly (2022)
31	31	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
32	32	Constitution) is being amended, the text of the existing provision will appear in this style type,
33	33	additions will appear in this style type, and deletions will appear in this style type.
34	34	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
35	35	provision adopted), the text of the new provision will appear in this style type. Also, the
36	36	word NEW will appear in that style type in the introductory clause of each SECTION that adds
37	37	a new provision to the Indiana Code or the Indiana Constitution.
38	38	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
39	39	between statutes enacted by the 2021 Regular Session of the General Assembly.
40	40	HOUSE BILL No. 1178
41	41	A BILL FOR AN ACT to amend the Indiana Code concerning
42	42	health.
43	43	Be it enacted by the General Assembly of the State of Indiana:
44	44	1 SECTION 1. IC 16-18-2-36.5, AS AMENDED BY P.L.111-2018,
45	45	2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46	46	3 JULY 1, 2022]: Sec. 36.5. (a) "Birthing center", for purposes of
47	47	4 IC 16-21-2, and IC 16-21-13, and IC 16-21-18, means a freestanding
48	48	5 entity that has the sole purpose of delivering a normal or uncomplicated
49	49	6 pregnancy.
50	50	7 (b) The term does not include a hospital that is licensed as a hospital
51	51	8 under IC 16-21-2.
52	52	9 SECTION 2. IC 16-18-2-185.5 IS ADDED TO THE INDIANA
53	53	10 CODE AS A NEW SECTION TO READ AS FOLLOWS
54	54	11 [EFFECTIVE JULY 1, 2022]: Sec. 185.5. "Implicit bias", for
55	55	12 purposes of IC 16-21-18, has the meaning set forth in
56	56	13 IC 16-21-18-1.
57	57	14 SECTION 3. IC 16-18-2-185.6 IS ADDED TO THE INDIANA
58	58	15 CODE AS A NEW SECTION TO READ AS FOLLOWS
59	59	16 [EFFECTIVE JULY 1, 2022]: Sec. 185.6. "Implicit stereotype", for
60	60	17 purposes of IC 16-21-18, has the meaning set forth in
61	61	2022 IN 1178—LS 6944/DI 77 2
62	62	1 IC 16-21-18-2.
63	63	2 SECTION 4. IC 16-21-18 IS ADDED TO THE INDIANA CODE
64	64	3 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
65	65	4 JULY 1, 2022]:
66	66	5 Chapter 18. Implicit Bias Training
67	67	6 Sec. 1. As used in this chapter, "implicit bias" means a bias in
68	68	7 judgment or behavior that results from subtle cognitive processes,
69	69	8 including implicit prejudice and implicit stereotypes, that may
70	70	9 operate at a level below conscious awareness and without
71	71	10 intentional control.
72	72	11 Sec. 2. As used in this chapter, "implicit stereotype" means the
73	73	12 unconscious attribution of particular qualities to a member of a
74	74	13 certain social group that is influenced by experience and based on
75	75	14 learned associations between various qualities and social
76	76	15 categories, including race and gender.
77	77	16 Sec. 3. (a) After December 31, 2023, a:
78	78	17 (1) hospital that provides inpatient maternity services; and
79	79	18 (2) birthing center;
80	80	19 shall implement an evidence based implicit bias training program
81	81	20 for all health care providers who regularly provide perinatal
82	82	21 treatment and care to pregnant women at the hospital or birthing
83	83	22 center.
84	84	23 (b) A hospital that implements an implicit bias training program
85	85	24 under this section shall ensure that the program is structured in a
86	86	25 manner that permits a health care provider who is required to
87	87	26 complete continuing education to be eligible to receive continuing
88	88	27 education credits for participation in the program.
89	89	28 (c) A health care provider who has successfully completed an
90	90	29 implicit bias training program under IC 25-1-21 within the
91	91	30 previous two (2) years satisfies the requirements under this
92	92	31 chapter.
93	93	32 Sec. 4. The training program required under this chapter must
94	94	33 include the following components:
95	95	34 (1) Identifying previous and current unconscious biases and
96	96	35 misinformation when providing perinatal treatment and care
97	97	36 to pregnant women.
98	98	37 (2) Identifying personal, interpersonal, institutional, and
99	99	38 cultural barriers to inclusion.
100	100	39 (3) Information on the effects of historical and contemporary
101	101	40 exclusion and oppression of minority communities.
102	102	41 (4) Information about cultural identity across racial and
103	103	42 ethnic groups.
104	104	2022 IN 1178—LS 6944/DI 77 3
105	105	1 (5) Information about communicating more effectively across
106	106	2 racial, ethnic, religious, and gender identities.
107	107	3 (6) Information about reproductive justice.
108	108	4 (7) A discussion on power dynamics and organizational
109	109	5 decision making and their effects on implicit bias.
110	110	6 (8) A discussion on health inequities and racial and ethnic
111	111	7 disparities within the field of perinatal care, and how implicit
112	112	8 bias may contribute to pregnancy related deaths and
113	113	9 maternal and infant health outcomes.
114	114	10 (9) Corrective measures to decrease implicit bias at the
115	115	11 interpersonal and institutional levels.
116	116	12 Sec. 5. A health care provider who regularly provides perinatal
117	117	13 treatment and care to pregnant women at a hospital that provides
118	118	14 inpatient maternity services or a birthing center shall:
119	119	15 (1) complete the training program on implicit bias at the times
120	120	16 and intervals required by the hospital or birthing center;
121	121	17 (2) complete a refresher course under the training program,
122	122	18 designed to provide the health care provider with updated
123	123	19 information about racial, ethnic, and cultural identity and
124	124	20 best practices in decreasing interpersonal and institutional
125	125	21 implicit bias, at least every two (2) years, or more frequently
126	126	22 if required by the hospital or birthing center; and
127	127	23 (3) receive a certification from the hospital or birthing center
128	128	24 on the successful completion of the training program.
129	129	25 Sec. 6. The state department shall adopt rules under IC 4-22-2
130	130	26 to implement this chapter.
131	131	27 SECTION 5. IC 25-0.5-11-1, AS ADDED BY P.L.3-2014,
132	132	28 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
133	133	29 JULY 1, 2022]: Sec. 1. As used in IC 25-1-9 and IC 25-1-21, "board"
134	134	30 means any of the entities described in this chapter.
135	135	31 SECTION 6. IC 25-1-21 IS ADDED TO THE INDIANA CODE AS
136	136	32 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
137	137	33 1, 2022]:
138	138	34 Chapter 21. Implicit Bias Training
139	139	35 Sec. 1. As used in this chapter, "agency" refers to the
140	140	36 professional licensing agency.
141	141	37 Sec. 2. As used in this chapter, "board" means any of the
142	142	38 entities described in IC 25-0.5-11. However, the term does not
143	143	39 include the Indiana board of veterinary medical examiners
144	144	40 (IC 25-38.1-2).
145	145	41 Sec. 3. As used in this chapter, "implicit bias" means a bias in
146	146	42 judgment or behavior that results from subtle cognitive processes,
147	147	2022 IN 1178—LS 6944/DI 77 4
148	148	1 including implicit prejudice and implicit stereotypes, that may
149	149	2 operate at a level below conscious awareness and without
150	150	3 intentional control.
151	151	4 Sec. 4. As used in this chapter, "implicit stereotype" means the
152	152	5 unconscious attribution of particular qualities to a member of a
153	153	6 certain social group, that is influenced by experience and based on
154	154	7 learned associations between various qualities and social
155	155	8 categories, including race and gender.
156	156	9 Sec. 5. As used in this chapter, "license" includes a license,
157	157	10 certificate, registration, or permit.
158	158	11 Sec. 6. As used in this chapter, "practitioner" means an
159	159	12 individual who holds:
160	160	13 (1) an unlimited license, certificate, or registration;
161	161	14 (2) a limited or probationary license, certificate, or
162	162	15 registration;
163	163	16 (3) a temporary license, certificate, registration, or permit;
164	164	17 (4) an intern permit; or
165	165	18 (5) a provisional license;
166	166	19 issued by the board regulating the profession in question, including
167	167	20 a certificate of registration issued under IC 25-20.
168	168	21 Sec. 7. After December 31, 2023, a practitioner who seeks to
169	169	22 renew a license issued by a board must first complete, before a
170	170	23 license may be issued, an evidence based implicit bias training
171	171	24 program that includes the following components:
172	172	25 (1) Identifying previous and current unconscious biases and
173	173	26 misinformation when providing perinatal treatment and care
174	174	27 to pregnant women.
175	175	28 (2) Identifying personal, interpersonal, institutional, and
176	176	29 cultural barriers to inclusion.
177	177	30 (3) Information on the effects of historical and contemporary
178	178	31 exclusion and oppression of minority communities.
179	179	32 (4) Information about cultural identity across racial and
180	180	33 ethnic groups.
181	181	34 (5) Information about communicating more effectively across
182	182	35 racial, ethnic, religious, and gender identities.
183	183	36 (6) Information about reproductive justice.
184	184	37 (7) A discussion on power dynamics and organizational
185	185	38 decision making and their effects on implicit bias.
186	186	39 (8) A discussion on health inequities and racial and ethnic
187	187	40 disparities within the field of perinatal care, and how implicit
188	188	41 bias may contribute to pregnancy related deaths and
189	189	42 maternal and infant health outcomes.
190	190	2022 IN 1178—LS 6944/DI 77 5
191	191	1 (9) Corrective measures to decrease implicit bias at the
192	192	2 interpersonal and institutional levels.
193	193	3 Sec. 8. (a) Unless specifically required by the board regulating
194	194	4 a practitioner, a practitioner is not required to complete the
195	195	5 implicit bias training program required in section 7 of this chapter
196	196	6 more than one (1) time in a two (2) year period.
197	197	7 (b) A practitioner who has successfully completed an implicit
198	198	8 bias training program under IC 16-21-18 within the previous two
199	199	9 (2) years satisfies the requirements under section 7 of this chapter.
200	200	10 Sec. 9. (a) The board shall approve and publish on its Internet
201	201	11 web site organizations and persons approved to offer the implicit
202	202	12 bias training program to a practitioner.
203	203	13 (b) The agency may offer an online course to practitioners that
204	204	14 fulfills the requirements under section 7 of this chapter.
205	205	15 (c) The board shall allow the implicit bias training program to
206	206	16 be counted toward fulfilling any continuing education requirement
207	207	17 required by law.
208	208	18 Sec. 10. The practitioner shall do the following:
209	209	19 (1) Provide the agency with a sworn statement executed by the
210	210	20 practitioner that the practitioner has fulfilled the implicit bias
211	211	21 training requirement.
212	212	22 (2) Retain copies of certificates of completion for implicit bias
213	213	23 training for four (4) years from the end of the licensing period
214	214	24 for which the implicit bias training applied. The practitioner
215	215	25 shall provide the board or agency with copies of the
216	216	26 certificates of completion upon the board's or agency's
217	217	27 request.
218	218	28 Sec. 11. A board may grant a practitioner a waiver from the
219	219	29 implicit bias training requirement for a renewal period if the
220	220	30 practitioner was not able to fulfill the requirement due to a
221	221	31 hardship that resulted from any of the following:
222	222	32 (1) Service in the armed forces of the United States during a
223	223	33 substantial part of the renewal period.
224	224	34 (2) An incapacitating illness or injury.
225	225	35 (3) Other circumstances determined by the board.
226	226	36 Sec. 12. The board may adopt rules under IC 4-22-2 to
227	227	37 implement this chapter.
228	228	2022 IN 1178—LS 6944/DI 77