Indiana 2022 Regular Session

Indiana House Bill HB1331 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. 1331
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 25-13-4.
7	7	Synopsis: Dental hygienists. Provides that a dental hygienist may
8	8	administer an immunization that is recommended by the federal
9	9	Centers for Disease Control and Prevention Advisory Committee on
10	10	Immunization Practices for individuals who are not less than 11 years
11	11	of age on the order of a dentist or other health care provider qualified
12	12	to order the immunization, if the dental hygienist: (1) is certified in
13	13	cardiopulmonary resuscitation; (2) has successfully completed a course
14	14	of training in immunization that meets specified requirements; and (3)
15	15	administers the immunization in accordance with a protocol that
16	16	includes specified requirements and procedures. Prescribes reporting
17	17	requirements for a dental hygienist who administers an immunization.
18	18	Provides that a dental hygienist: (1) is not required to administer
19	19	immunizations; and (2) is not required to complete immunization
20	20	training if the dental hygienist chooses not to administer
21	21	immunizations.
22	22	Effective: Upon passage.
23	23	Zent, Shackleford
24	24	January 11, 2022, read first time and referred to Committee on Public Health.
25	25	2022 IN 1331—LS 6614/DI 77 Introduced
26	26	Second Regular Session of the 122nd General Assembly (2022)
27	27	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	28	Constitution) is being amended, the text of the existing provision will appear in this style type,
29	29	additions will appear in this style type, and deletions will appear in this style type.
30	30	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	31	provision adopted), the text of the new provision will appear in this style type. Also, the
32	32	word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	33	a new provision to the Indiana Code or the Indiana Constitution.
34	34	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	35	between statutes enacted by the 2021 Regular Session of the General Assembly.
36	36	HOUSE BILL No. 1331
37	37	A BILL FOR AN ACT to amend the Indiana Code concerning
38	38	professions and occupations.
39	39	Be it enacted by the General Assembly of the State of Indiana:
40	40	1 SECTION 1. IC 25-13-4 IS ADDED TO THE INDIANA CODE AS
41	41	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
42	42	3 PASSAGE]:
43	43	4 Chapter 4. Dental Hygienists and Administration of
44	44	5 Immunizations
45	45	6 Sec. 1. (a) A dental hygienist may administer an immunization
46	46	7 that is recommended by the federal Centers for Disease Control
47	47	8 and Prevention Advisory Committee on Immunization Practices
48	48	9 for individuals who are not less than eleven (11) years of age on the
49	49	10 order of a dentist or other health care provider qualified to order
50	50	11 the immunization, if the dental hygienist complies with the
51	51	12 following requirements:
52	52	13 (1) Before administering an immunization to an individual,
53	53	14 the dental hygienist receives the consent of one (1) of the
54	54	15 following:
55	55	16 (A) If the individual to whom the immunization is to be
56	56	17 administered is at least (11) years of age and is less than
57	57	2022 IN 1331—LS 6614/DI 77 2
58	58	1 eighteen (18) years of age, the parent or legal guardian of
59	59	2 the individual.
60	60	3 (B) If the individual to whom the immunization is to be
61	61	4 administered is at least eighteen (18) years of age and has
62	62	5 a legal guardian, the legal guardian of the individual.
63	63	6 (C) If the individual to whom the immunization is to be
64	64	7 administered is at least eighteen (18) years of age and does
65	65	8 not have a legal guardian, the individual.
66	66	9 A parent or legal guardian who is required to give consent
67	67	10 under this subdivision must be present at the time of
68	68	11 immunization.
69	69	12 (2) Is certified in cardiopulmonary resuscitation.
70	70	13 (3) Has successfully completed a course of training in
71	71	14 immunization that meets the requirements set forth in
72	72	15 subsection (b).
73	73	16 (4) Administers the immunization in accordance with a
74	74	17 protocol that meets the requirements set forth in section 2 of
75	75	18 this chapter.
76	76	19 (b) A course of training under subsection (a)(3) must:
77	77	20 (1) be provided by an accredited provider;
78	78	21 (2) be approved by the board;
79	79	22 (3) meet the standards set forth by:
80	80	23 (A) the federal Centers for Disease Control and Prevention
81	81	24 or a similar health authority; or
82	82	25 (B) a professional body approved by the board; and
83	83	26 (4) comply with guidelines issued by:
84	84	27 (A) the federal Centers for Disease Control and
85	85	28 Prevention; and
86	86	29 (B) the Occupational Safety and Health Administration.
87	87	30 (c) A dental hygienist who administers immunizations under this
88	88	31 chapter shall maintain records of the dental hygienist's completion
89	89	32 of:
90	90	33 (1) training in cardiopulmonary resuscitation; and
91	91	34 (2) training described in subsection (b).
92	92	35 (d) If the state department of health or the department of
93	93	36 homeland security determines that an emergency exists, subject to
94	94	37 IC 16-41-9-1.7(a)(2), a dental hygienist may administer any
95	95	38 immunization in accordance with any instructions in the
96	96	39 emergency determination.
97	97	40 Sec. 2. (a) The protocol under which a dental hygienist
98	98	41 administers an immunization must include the following:
99	99	42 (1) For each immunization to be administered by the dental
100	100	2022 IN 1331—LS 6614/DI 77 3
101	101	1 hygienist:
102	102	2 (A) the name and strength of the vaccine;
103	103	3 (B) precautions and contraindications;
104	104	4 (C) the intended audience or patient population;
105	105	5 (D) the appropriate dosage;
106	106	6 (E) administration schedules in accordance with guidelines
107	107	7 issued by the federal Centers for Disease Control and
108	108	8 Prevention;
109	109	9 (F) appropriate routes of administration; and
110	110	10 (G) appropriate injection sites.
111	111	11 (2) The length of time for which the dental hygienist
112	112	12 recommends an individual be observed for adverse effects
113	113	13 following administration of an immunization to the individual.
114	114	14 (3) A procedure for addressing emergency situations,
115	115	15 including adverse and anaphylactic reactions.
116	116	16 (4) A procedure for administration of epinephrine, including
117	117	17 appropriate dosages, when required in the event of an adverse
118	118	18 or anaphylactic reaction.
119	119	19 (5) A requirement that not later than fourteen (14) days after
120	120	20 the dental hygienist administers an immunization to an
121	121	21 individual, the dental hygienist or dental hygienist's designee
122	122	22 shall provide notice of the immunization to the individual's
123	123	23 physician.
124	124	24 (6) A requirement that, for each immunization administered
125	125	25 by the dental hygienist, the dental hygienist shall maintain a
126	126	26 copy of:
127	127	27 (A) a record of immunization; and
128	128	28 (B) the notification provided by the dental hygienist or
129	129	29 dental hygienist's designee under subdivision (5);
130	130	30 in accordance with rules adopted by the board.
131	131	31 (b) The immunization protocol under which a dental hygienist
132	132	32 administers an immunization must be:
133	133	33 (1) maintained at the dental hygienist's office and available
134	134	34 for inspection by the individual receiving the immunization;
135	135	35 and
136	136	36 (2) renewed annually.
137	137	37 Sec. 3. A dental hygienist may not delegate to another person the
138	138	38 administration of an immunization under this chapter.
139	139	39 Sec. 4. (a) A dental hygienist who administers an immunization
140	140	40 to a patient under this chapter or a dental hygienist's designee
141	141	41 shall:
142	142	42 (1) report the immunization of the patient to the
143	143	2022 IN 1331—LS 6614/DI 77 4
144	144	1 immunization data registry under IC 16-38-5 unless a written
145	145	2 immunization data exception form has been completed and
146	146	3 filed for the patient in accordance with IC 16-38-5-2; and
147	147	4 (2) report any adverse event:
148	148	5 (A) to the patient's primary care physician not later than
149	149	6 seventy-two (72) hours after the dental hygienist knows of
150	150	7 the adverse event; and
151	151	8 (B) to the Vaccine Adverse Events Reporting System
152	152	9 maintained by the federal Centers for Disease Control and
153	153	10 Prevention and the Food and Drug Administration.
154	154	11 (b) A dental hygienist shall maintain a record of each adverse
155	155	12 event reported by the dental hygienist or dental hygienist's
156	156	13 designee under subsection (a)(2).
157	157	14 Sec. 5. (a) A dental hygienist may not be required to:
158	158	15 (1) administer an immunization; or
159	159	16 (2) complete a course of training under section 1(a)(3) of this
160	160	17 chapter;
161	161	18 if the dental hygienist chooses not to administer immunizations.
162	162	19 (b) If a dental hygienist chooses not to administer
163	163	20 immunizations, the dental hygienist is not required to complete a
164	164	21 course of training under section 1(a)(3) of this chapter to maintain
165	165	22 a license to practice as a dental hygienist in Indiana.
166	166	23 SECTION 2. An emergency is declared for this act.
167	167	2022 IN 1331—LS 6614/DI 77