Introduced Version
HOUSE BILL No. 1331
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-13-4.
Synopsis: Dental hygienists. Provides that a dental hygienist may
administer an immunization that is recommended by the federal
Centers for Disease Control and Prevention Advisory Committee on
Immunization Practices for individuals who are not less than 11 years
of age on the order of a dentist or other health care provider qualified
to order the immunization, if the dental hygienist: (1) is certified in
cardiopulmonary resuscitation; (2) has successfully completed a course
of training in immunization that meets specified requirements; and (3)
administers the immunization in accordance with a protocol that
includes specified requirements and procedures. Prescribes reporting
requirements for a dental hygienist who administers an immunization.
Provides that a dental hygienist: (1) is not required to administer
immunizations; and (2) is not required to complete immunization
training if the dental hygienist chooses not to administer
immunizations.
Effective: Upon passage.
Zent, Shackleford
January 11, 2022, read first time and referred to Committee on Public Health.
2022 IN 1331—LS 6614/DI 77 Introduced
Second Regular Session of the 122nd General Assembly (2022)
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HOUSE BILL No. 1331
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-13-4 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
3 PASSAGE]:
4 Chapter 4. Dental Hygienists and Administration of
5 Immunizations
6 Sec. 1. (a) A dental hygienist may administer an immunization
7 that is recommended by the federal Centers for Disease Control
8 and Prevention Advisory Committee on Immunization Practices
9 for individuals who are not less than eleven (11) years of age on the
10 order of a dentist or other health care provider qualified to order
11 the immunization, if the dental hygienist complies with the
12 following requirements:
13 (1) Before administering an immunization to an individual,
14 the dental hygienist receives the consent of one (1) of the
15 following:
16 (A) If the individual to whom the immunization is to be
17 administered is at least (11) years of age and is less than
2022 IN 1331—LS 6614/DI 77 2
1 eighteen (18) years of age, the parent or legal guardian of
2 the individual.
3 (B) If the individual to whom the immunization is to be
4 administered is at least eighteen (18) years of age and has
5 a legal guardian, the legal guardian of the individual.
6 (C) If the individual to whom the immunization is to be
7 administered is at least eighteen (18) years of age and does
8 not have a legal guardian, the individual.
9 A parent or legal guardian who is required to give consent
10 under this subdivision must be present at the time of
11 immunization.
12 (2) Is certified in cardiopulmonary resuscitation.
13 (3) Has successfully completed a course of training in
14 immunization that meets the requirements set forth in
15 subsection (b).
16 (4) Administers the immunization in accordance with a
17 protocol that meets the requirements set forth in section 2 of
18 this chapter.
19 (b) A course of training under subsection (a)(3) must:
20 (1) be provided by an accredited provider;
21 (2) be approved by the board;
22 (3) meet the standards set forth by:
23 (A) the federal Centers for Disease Control and Prevention
24 or a similar health authority; or
25 (B) a professional body approved by the board; and
26 (4) comply with guidelines issued by:
27 (A) the federal Centers for Disease Control and
28 Prevention; and
29 (B) the Occupational Safety and Health Administration.
30 (c) A dental hygienist who administers immunizations under this
31 chapter shall maintain records of the dental hygienist's completion
32 of:
33 (1) training in cardiopulmonary resuscitation; and
34 (2) training described in subsection (b).
35 (d) If the state department of health or the department of
36 homeland security determines that an emergency exists, subject to
37 IC 16-41-9-1.7(a)(2), a dental hygienist may administer any
38 immunization in accordance with any instructions in the
39 emergency determination.
40 Sec. 2. (a) The protocol under which a dental hygienist
41 administers an immunization must include the following:
42 (1) For each immunization to be administered by the dental
2022 IN 1331—LS 6614/DI 77 3
1 hygienist:
2 (A) the name and strength of the vaccine;
3 (B) precautions and contraindications;
4 (C) the intended audience or patient population;
5 (D) the appropriate dosage;
6 (E) administration schedules in accordance with guidelines
7 issued by the federal Centers for Disease Control and
8 Prevention;
9 (F) appropriate routes of administration; and
10 (G) appropriate injection sites.
11 (2) The length of time for which the dental hygienist
12 recommends an individual be observed for adverse effects
13 following administration of an immunization to the individual.
14 (3) A procedure for addressing emergency situations,
15 including adverse and anaphylactic reactions.
16 (4) A procedure for administration of epinephrine, including
17 appropriate dosages, when required in the event of an adverse
18 or anaphylactic reaction.
19 (5) A requirement that not later than fourteen (14) days after
20 the dental hygienist administers an immunization to an
21 individual, the dental hygienist or dental hygienist's designee
22 shall provide notice of the immunization to the individual's
23 physician.
24 (6) A requirement that, for each immunization administered
25 by the dental hygienist, the dental hygienist shall maintain a
26 copy of:
27 (A) a record of immunization; and
28 (B) the notification provided by the dental hygienist or
29 dental hygienist's designee under subdivision (5);
30 in accordance with rules adopted by the board.
31 (b) The immunization protocol under which a dental hygienist
32 administers an immunization must be:
33 (1) maintained at the dental hygienist's office and available
34 for inspection by the individual receiving the immunization;
35 and
36 (2) renewed annually.
37 Sec. 3. A dental hygienist may not delegate to another person the
38 administration of an immunization under this chapter.
39 Sec. 4. (a) A dental hygienist who administers an immunization
40 to a patient under this chapter or a dental hygienist's designee
41 shall:
42 (1) report the immunization of the patient to the
2022 IN 1331—LS 6614/DI 77 4
1 immunization data registry under IC 16-38-5 unless a written
2 immunization data exception form has been completed and
3 filed for the patient in accordance with IC 16-38-5-2; and
4 (2) report any adverse event:
5 (A) to the patient's primary care physician not later than
6 seventy-two (72) hours after the dental hygienist knows of
7 the adverse event; and
8 (B) to the Vaccine Adverse Events Reporting System
9 maintained by the federal Centers for Disease Control and
10 Prevention and the Food and Drug Administration.
11 (b) A dental hygienist shall maintain a record of each adverse
12 event reported by the dental hygienist or dental hygienist's
13 designee under subsection (a)(2).
14 Sec. 5. (a) A dental hygienist may not be required to:
15 (1) administer an immunization; or
16 (2) complete a course of training under section 1(a)(3) of this
17 chapter;
18 if the dental hygienist chooses not to administer immunizations.
19 (b) If a dental hygienist chooses not to administer
20 immunizations, the dental hygienist is not required to complete a
21 course of training under section 1(a)(3) of this chapter to maintain
22 a license to practice as a dental hygienist in Indiana.
23 SECTION 2. An emergency is declared for this act.
2022 IN 1331—LS 6614/DI 77