*ES0005.3*
Reprinted
February 24, 2022
ENGROSSED
SENATE BILL No. 5
_____
DIGEST OF SB 5 (Updated February 23, 2022 2:58 pm - DI 107)
Citations Affected: IC 12-15; IC 25-0.5; IC 25-1; IC 25-23.6;
IC 25-34.5; IC 25-35.6.
Synopsis: Reciprocity. Requires the office of Medicaid policy and
planning to review methods of calculating outlier payments in relation
to final reimbursement amounts. Establishes a procedure to grant
licenses and certificates to practice certain health care professions in
Indiana. Requires the applicant to hold a current license or certificate
from another state or jurisdiction and meet other requirements. Allows
the applicant who meets certain requirements to apply for a provisional
(Continued next page)
Effective: Upon passage; July 1, 2022.
Brown L, Charbonneau, Yoder,
Kruse, Zay, Randolph Lonnie M
(HOUSE SPONSORS — VERMILION, ZENT, LINDAUER, HARRIS)
January 6, 2022, read first time and referred to Committee on Health and Provider
Services.
January 12, 2022, amended, reported favorably — Do Pass.
January 20, 2022, read second time, amended, ordered engrossed.
January 21, 2022, engrossed.
January 24, 2022, read third time, passed. Yeas 47, nays 0.
HOUSE ACTION
January 31, 2022, read first time and referred to Committee on Public Health.
February 10, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
February 21, 2022, amended, reported — Do Pass.
February 23, 2022, read second time, amended, ordered engrossed.
ES 5—LS 6630/DI 77 Digest Continued
license or provisional certificate. Requires the provisional license or
provisional certificate to be issued within 30 days. Provides for
penalties for submitting false information on an application for a
provisional license or provisional certificate. Requires a board to make
a final decision on a license or certificate application before the
expiration of a provisional license or provisional certificate. Provides
that if a board has a pending application for initial licensure or
certification that requires final approval by the board, the board shall
meet not more 31 days after the application is ready for approval.
Provides that the medical licensing board may not issue a physician's
license to an applicant using the reciprocity law beginning July 1, 2026.
Eliminates certain requirements for an applicant seeking licensure as
a clinical social worker, marriage and family therapist, mental health
counselor, addiction counselor, or clinical addiction counselor.
Requires the boards that regulate bachelor's degree social workers,
social workers, clinical social workers, marriage and family therapists,
mental health counselors, licensed addiction counselors, licensed
clinical addiction counselors, and respiratory care practitioners to issue
a license by reciprocity within 30 days if certain requirements are met.
Requires the speech-language pathology and audiology board to, before
January 1, 2023, initiate and make every effort to enter into reciprocity
agreements with contiguous states for individuals licensed as: (1) a
speech-language pathologist; and (2) an audiologist; to practice the
individual's profession under the license from one state in the other
state.
ES 5—LS 6630/DI 77ES 5—LS 6630/DI 77 Reprinted
February 24, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 5
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 12-15-15-1.2, AS ADDED BY P.L.132-2021,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 1.2. (a) This section applies only to state fiscal
4 years beginning after June 30, 2021, and ending before July 1, 2023.
5 (b) As used in this section, "children's hospital" means:
6 (1) a freestanding general acute care hospital that:
7 (A) is designated by the Medicare program as a children's
8 hospital; or
9 (B) furnishes inpatient and outpatient health care services to
10 patients who are predominantly individuals less than nineteen
11 (19) years of age; or
12 (2) a facility located within a freestanding general acute care
13 hospital that:
14 (A) is designated by the Medicare program as a children's
15 hospital; or
16 (B) furnishes inpatient and outpatient health care services to
17 patients who are predominately individuals less than nineteen
ES 5—LS 6630/DI 77 2
1 (19) years of age.
2 (c) This section applies to reimbursement for inpatient Medicaid
3 services and outpatient Medicaid services provided to a Medicaid
4 recipient who is less than nineteen (19) years of age at a children's
5 hospital that is located in a state bordering Indiana. This section does
6 not apply to reimbursement for non-emergency medical transportation.
7 (d) Subject to subsection (a), the office shall reimburse a children's
8 hospital for covered services provided to a Medicaid recipient that is
9 described in subsection (c) at a rate set by the secretary that is based on
10 a reimbursement formula that is:
11 (1) comparable to the current federal Medicare reimbursement
12 rate for the service provided by the children's hospital; or
13 (2) one hundred thirty percent (130%) of the Medicaid
14 reimbursement rate for a service that does not have a Medicare
15 reimbursement rate.
16 (e) Before September 1, 2021, the office shall apply to the United
17 States Department of Health and Human Services for any state plan
18 amendment or Medicaid waiver necessary to implement and administer
19 this section.
20 (f) The office may adopt rules under IC 4-22-2 necessary for the
21 implementation of this section.
22 (g) Not later than September 30, 2022, the office shall complete
23 a review of methods of calculating outlier payments in a way that
24 does not negatively impact final reimbursement determined
25 according to the rate set under subsection (d) as compared to final
26 reimbursement when calculated as if the rate adjustment was not
27 required under subsection (d).
28 (g) (h) This section expires July 1, 2023.
29 SECTION 2. IC 25-0.5-11-1, AS ADDED BY P.L.3-2014,
30 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 UPON PASSAGE]: Sec. 1. As used in IC 25-1-9 and IC 25-1-21,
32 "board" means any of the entities described in this chapter.
33 SECTION 3. IC 25-1-21 IS ADDED TO THE INDIANA CODE AS
34 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
35 PASSAGE]:
36 Chapter 21. Reciprocity for Health Care Professionals
37 Sec. 1. (a) Except for section 7 of this chapter, this chapter does
38 not apply to any of the following licenses:
39 (1) Any type of social work license issued under IC 25-23.6-5.
40 (2) Any type of marriage and family therapist license issued
41 under IC 25-23.6-8.
42 (3) Any type of mental health counselor license issued under
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1 IC 25-23.6-8.5.
2 (4) Any type of addiction counselor or clinical addiction
3 counselor license issued under IC 25-23.6-10.5.
4 (5) Any type of respiratory care practitioner license issued
5 under IC 25-34.5.
6 (b) This chapter does not prohibit an applicant from proceeding
7 under other licensure, certification, registration, or permit
8 requirements established by a board or another law.
9 Sec. 2. As used in this chapter, "board" means any of the
10 entities described in IC 25-0.5-11.
11 Sec. 3. As used in this chapter, "jurisdiction" means the District
12 of Columbia, Puerto Rico, the United States Virgin Islands, or any
13 territory or insular possession subject to the jurisdiction of the
14 United States.
15 Sec. 4. As used in this chapter, "license" means an unlimited
16 license regulating the occupation in question.
17 Sec. 4.5. As used in this chapter, "provisional license or
18 provisional certificate" means a temporary license or certificate
19 issued under this chapter that allows the holder to practice the
20 occupation that was applied for and at the same practice level until
21 the license or certificate expires under section 7(c) of this chapter.
22 Sec. 5. Notwithstanding any other law, subject to section 11 of
23 this chapter, a board shall issue a license or certificate to an
24 applicant to allow the individual to practice the applicant's
25 occupation in Indiana if, upon application to the board, the
26 applicant satisfies the following conditions:
27 (1) Holds a current license or certificate from another state or
28 jurisdiction; and
29 (A) that state's or jurisdiction's requirements for a license
30 or certificate are substantially equivalent to or exceed the
31 requirements for a license or certificate of the board from
32 which the applicant is seeking licensure or certification; or
33 (B) when the person was licensed or certified by another
34 state:
35 (i) there were minimum education requirements in the
36 other state;
37 (ii) if there were applicable work experience and clinical
38 supervision requirements in effect, the person met those
39 requirements in order to be licensed or certified in that
40 state; and
41 (iii) if required by the other state, the person previously
42 passed an examination required for the license or
ES 5—LS 6630/DI 77 4
1 certification.
2 (2) Has not committed any act in any state or jurisdiction that
3 would have constituted grounds for refusal, suspension, or
4 revocation of a license, certificate, registration, or permit to
5 practice that occupation in Indiana at the time the act was
6 committed.
7 (3) Does not have a complaint or an investigation pending
8 before the regulating agency in another state or jurisdiction
9 that relates to unprofessional conduct.
10 (4) Is in good standing and has not been disciplined by the
11 agency that has authority to issue the license or certification.
12 (5) If a law regulating the applicant's occupation requires the
13 board to administer an examination on the relevant laws of
14 Indiana, the board may require the applicant to take and pass
15 an examination specific to the laws of Indiana.
16 (6) Pays any fees required by the board for which the
17 applicant is seeking licensure or certification.
18 Sec. 6. If a national criminal history background check (as
19 defined in IC 25-1-1.1-4) is required under IC 25-1-1.1-4 for the
20 occupation for which the applicant seeks a license or certificate,
21 not more than five (5) business days after the:
22 (1) professional licensing agency received the individual's
23 application for a license or certificate under this chapter; and
24 (2) individual has paid any fees required by the board for
25 which the applicant is seeking licensure or certification;
26 the professional licensing agency shall notify the applicant that the
27 applicant is eligible to submit a national criminal history
28 background check to the professional licensing agency.
29 Sec. 7. (a) Notwithstanding any other law, an applicant for a
30 license or certificate is entitled to a provisional license or
31 provisional certificate in the occupation applied for and at the
32 same practice level as determined by the board, without an
33 examination, if all of the following conditions are met:
34 (1) The individual submits a signed affidavit affirming, under
35 the penalties for perjury, the following:
36 (A) The individual is in good standing in all states and
37 jurisdictions in which the individual holds a license or
38 certificate for the occupation applied for.
39 (B) The individual has not had a license revoked and has
40 not voluntarily surrendered a license in another state or
41 jurisdiction while under investigation for unprofessional
42 conduct.
ES 5—LS 6630/DI 77 5
1 (C) The individual has not had discipline imposed by the
2 regulating agency for the occupation in another state or
3 jurisdiction.
4 (D) The individual does not have a complaint or an
5 investigation pending before the regulating agency in
6 another state or jurisdiction that relates to unprofessional
7 conduct.
8 (2) The individual does not have a disqualifying criminal
9 history, as determined by the board, if a national criminal
10 history background check (as defined in IC 25-1-1.1-4) is
11 required under IC 25-1-1.1-4 for the occupation for which the
12 applicant seeks a license or certificate.
13 (3) The individual submits verification that the individual is
14 currently licensed or certified in at least one (1) other state or
15 jurisdiction in the occupation applied for.
16 (4) The individual has submitted an application for a license
17 or certificate under this chapter with the board and has paid
18 any application fee.
19 (b) An applicant who has met the requirements in subsection (a)
20 shall be issued a provisional license or provisional certificate not
21 more than thirty (30) days after the requirements are met.
22 (c) A provisional license or provisional certificate expires on the
23 earlier of the following:
24 (1) Three hundred sixty-five (365) days after it is issued.
25 (2) The date on which the board approves and issues the
26 individual a license or certificate for the occupation.
27 (3) The date on which the board denies the individual's
28 application for a license or certificate for the occupation.
29 (d) In addition to any other penalties for perjury, an individual
30 who violates this section commits a Class A infraction.
31 (e) If the board discovers that any of the information submitted
32 under this section is false, the board may immediately revoke the
33 individual's provisional license or provisional certificate.
34 (f) This section does not apply to a license or certificate that is
35 established by or recognized through an interstate compact, a
36 reciprocity agreement, or a comity agreement that is established by
37 a board or a law.
38 (g) The board shall make a final decision on a license or
39 certificate application before the expiration of a provisional license
40 or provisional certificate issued under this section.
41 Sec. 8. A nonresident who is issued a license or certificate under
42 this chapter is entitled to the same rights and subject to the same
ES 5—LS 6630/DI 77 6
1 obligations as required of a resident who is issued a license or
2 certificate by a board.
3 Sec. 9. Notwithstanding any other law, if a board has a pending
4 application for initial licensure or certification that requires final
5 approval by the board, the board shall meet not more than
6 thirty-one (31) days after the application is ready for approval.
7 Sec. 10. A board may adopt rules under IC 4-22-2 necessary to
8 implement this chapter.
9 Sec. 11. Beginning July 1, 2026, the medical licensing board of
10 Indiana may not issue a license under this chapter to an applicant
11 seeking a license as a physician under IC 25-22.5.
12 SECTION 4. IC 25-23.6-5-3.1 IS AMENDED TO READ AS
13 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) Except as
14 provided in subsection (b), a graduate program is considered to have
15 emphasized direct clinical patient or clinic health care services if the
16 graduate program meets the following requirements:
17 (1) Required coursework in clinical social work and related areas
18 such as psychiatric social work, medical social work, social case
19 work, case management, psychotherapy, group therapy, and any
20 other coursework accepted by the board.
21 (2) Required a supervised field placement that was part of the
22 applicant's advanced concentration in direct practice, during
23 which the applicant provided clinical services directly to clients.
24 (3) Required completion of twenty-four (24) semester hours or
25 thirty-seven (37) quarter hours of clinically oriented services
26 courses in the theory and research of human behavior and social
27 environment and practice methods. However, if the graduate
28 degree was obtained before October 1, 1990, and the applicant
29 submitted an application under section 3 of this chapter (before
30 its repeal) before July 1, 1999, twenty-one (21) semester hours or
31 thirty-one (31) quarter hours in clinically oriented services are
32 required. Not more than six (6) semester hours or nine (9) quarter
33 hours of the clinically oriented services courses may be from
34 independent study coursework.
35 If the applicant's transcript does not clearly identify the content of the
36 coursework, the applicant shall submit a syllabus, a course catalog
37 description, or other documentation that describes the coursework.
38 (b) An applicant who graduated from a graduate program that did
39 not emphasize direct patient or client services may complete the
40 clinical curriculum requirement by returning to a graduate program
41 allowed under section 2(1)(B) of this chapter to complete the education
42 requirements.
ES 5—LS 6630/DI 77 7
1 (c) Coursework that was taken at a baccalaureate level does not
2 meet the requirements under this section unless an official of the
3 graduate program certifies that the specific course, which a student
4 enrolled in the same graduate program was ordinarily required to
5 complete at the graduate level, was waived or exempted based on
6 completion of a similar course at the baccalaureate level.
7 SECTION 5. IC 25-23.6-5-10.5, AS ADDED BY P.L.192-2017,
8 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 UPON PASSAGE]: Sec. 10.5. The board shall issue a license to an
10 individual to be a bachelor's degree social worker, social worker, or
11 clinical social worker, not more than thirty (30) days after the
12 application is filed and completed, if the individual:
13 (1) has a valid license or certificate to practice from another state
14 or jurisdiction;
15 (2) has passed an examination substantially equivalent to the level
16 for which licensure is being requested;
17 (3) does not have a pending disciplinary proceeding in another
18 state; and
19 (4) pays a fee.
20 SECTION 6. IC 25-23.6-8-2.5, AS AMENDED BY P.L.49-2019,
21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 2.5. (a) An applicant for a license as a marriage
23 and family therapist under section 1 of this chapter or an applicant for
24 a license as a marriage and family therapist associate under section 1.5
25 of this chapter must complete the following educational requirements:
26 (1) Except as provided in subsection (b), complete twenty-seven
27 (27) semester hours or forty-one (41) quarter hours of graduate
28 course work that must include graduate level course credits with
29 material in at least the following content areas:
30 (A) Theoretical foundations of marriage and family therapy.
31 (B) Major models of marriage and family therapy.
32 (C) Individual development.
33 (D) Family development and family relationships.
34 (E) Clinical problems.
35 (F) Collaboration with other disciplines.
36 (G) Sexuality.
37 (H) Gender and sexual orientation.
38 (I) Issues of ethnicity, race, socioeconomic status, and culture.
39 (J) Therapy techniques.
40 (K) Behavioral research that focuses on the interpretation and
41 application of research data as it applies to clinical practice.
42 The content areas may be combined into any one (1) graduate
ES 5—LS 6630/DI 77 8
1 level course. if the applicant can prove that the course work was
2 devoted to each content area.
3 (2) Not less than one (1) graduate level course of two (2) semester
4 hours or three (3) quarter hours Graduate course work in the
5 following areas:
6 (A) Legal, ethical, and professional standards issues in the
7 practice of marriage and family therapy or an equivalent
8 course approved by the board.
9 (B) Appraisal and assessment for individual or interpersonal
10 disorder or dysfunction.
11 (3) At least one (1) supervised clinical practicum, internship, or
12 field experience in a marriage and family counseling setting that
13 meets the following requirements:
14 (A) The applicant provided five hundred (500) hours of
15 marriage and family therapy services, including at least four
16 hundred (400) face to face client contact hours, of which at
17 least two hundred (200) hours must be relational, under the
18 supervision of a licensed marriage and family therapist who
19 has at least five (5) years of experience or a qualified
20 supervisor approved by the board.
21 (B) The applicant received one hundred (100) hours of
22 supervision from a licensed marriage and family therapist who
23 has at least five (5) years experience as a qualified supervisor.
24 The requirements under clauses (A) and (B) may be met by a
25 supervised practice experience that took place away from an
26 institution of higher education but that is certified by an official
27 of the eligible postsecondary educational institution as being
28 equivalent to a graduate level practicum or internship program at
29 an institution accredited by an accrediting agency approved by the
30 United States Department of Education Commission on
31 Recognition of Postsecondary Education, the Association of
32 Universities and Colleges of Canada, or the Commission on
33 Accreditation for Marriage and Family Therapy Education.
34 (b) The following graduate work may not be used to satisfy the
35 content area requirements under subsection (a):
36 (1) Thesis or dissertation work.
37 (2) Practicums, internships, or fieldwork.
38 SECTION 7. IC 25-23.6-8-9.5, AS ADDED BY P.L.225-2017,
39 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
41 individual to be a marriage and family therapist, not more than thirty
42 (30) days after the application is filed and completed, if the
ES 5—LS 6630/DI 77 9
1 individual:
2 (1) has a valid license or certificate to practice from another state
3 or jurisdiction;
4 (2) has passed an examination substantially equivalent to the level
5 for which licensure is being requested;
6 (3) does not have a pending disciplinary proceeding in another
7 state; and
8 (4) pays a fee.
9 SECTION 8. IC 25-23.6-8.5-3, AS AMENDED BY P.L.160-2018,
10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 3. An applicant as a mental health counselor
12 under section 1 of this chapter or a mental health counselor associate
13 under section 1.5 of this chapter must complete the following
14 educational requirements:
15 (1) Complete sixty (60) semester hours of Graduate course work
16 in counseling that must include either a master's degree that
17 required not less than forty-eight (48) semester hours or a doctor's
18 degree in counseling. The graduate course work must include the
19 following content areas:
20 (A) Human growth and development.
21 (B) Social and cultural foundations of counseling.
22 (C) Helping relationship, including counseling theory and
23 practice.
24 (D) Group dynamics, processes, counseling, and consultation.
25 (E) Lifestyle and career development.
26 (F) Assessment and appraisal of individuals.
27 (G) Research and program evaluation.
28 (H) Professional orientation and ethics.
29 (I) Foundations of mental health counseling.
30 (J) Contextual dimensions of mental health counseling.
31 (K) Knowledge and skills for the practice of mental health
32 counseling and psychotherapy.
33 (L) Clinical instruction.
34 (2) Not less than one (1) supervised clinical practicum, internship,
35 or field experience in a counseling setting, which must include a
36 minimum of seven hundred (700) clock hours consisting of one
37 (1) practicum of one hundred (100) hours, and one (1) internship
38 of six hundred (600) hours with at least sixty-six (66) hours of
39 face to face supervision. This requirement may be met by a
40 supervised practice experience that took place away from an
41 eligible postsecondary educational institution but that is certified
42 by an official of the eligible postsecondary educational institution
ES 5—LS 6630/DI 77 10
1 as being equivalent to a clinical mental health graduate level
2 practicum or internship program at an institution accredited by an
3 accrediting agency approved by the United States Department of
4 Education or the Association of Universities and Colleges of
5 Canada.
6 SECTION 9. IC 25-23.6-8.5-9.5, AS ADDED BY P.L.225-2017,
7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
9 individual to be a mental health counselor, not more than thirty (30)
10 days after the application is filed and completed, if the individual:
11 (1) has a valid license or certificate to practice from another state
12 or jurisdiction;
13 (2) has passed an examination substantially equivalent to the level
14 for which licensure is being requested;
15 (3) does not have a pending disciplinary proceeding in another
16 state; and
17 (4) pays a fee.
18 SECTION 10. IC 25-23.6-10.5-5, AS AMENDED BY P.L.49-2019,
19 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 5. (a) An applicant under section 1 of this chapter
21 must complete the following educational requirements:
22 (1) Forty (40) semester hours or sixty (60) quarter hours of Course
23 work from an eligible postsecondary educational institution that
24 includes the following content areas:
25 (A) Addictions theory.
26 (B) Psychoactive drugs.
27 (C) Addictions counseling skills.
28 (D) Theories of personality.
29 (E) Developmental psychology.
30 (F) Abnormal psychology.
31 (G) Group work.
32 (H) Cultural competency.
33 (I) Ethics and professional development.
34 (J) Family education.
35 (K) Areas of content as approved by the board.
36 (2) At least one (1) supervised practicum, internship, or field
37 experience in an addiction counseling setting that requires the
38 applicant to provide at least three hundred fifty (350) hours of
39 addiction counseling services.
40 (b) The content areas under subsection (a)(1) may be combined into
41 any one (1) college level course. if the applicant can prove that the
42 course work was devoted to each content area listed in subsection
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1 (a)(1).
2 SECTION 11. IC 25-23.6-10.5-6, AS AMENDED BY
3 P.L.207-2021, SECTION 27, IS AMENDED TO READ AS
4 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) An applicant
5 under section 2 of this chapter must complete the following educational
6 requirements:
7 (1) Twenty-seven (27) semester hours or forty-one (41) quarter
8 hours of Graduate course work that must include graduate level
9 course credits with material in at least the following content areas:
10 (A) Addiction counseling theories and techniques.
11 (B) Psychopharmacology.
12 (C) Psychopathology.
13 (D) Clinical appraisal and assessment.
14 (E) Theory and practice of group addiction counseling.
15 (F) Counseling addicted family systems.
16 (G) Multicultural counseling.
17 (H) Research methods in addictions.
18 (I) Areas of content as approved by the board.
19 (2) At least one (1) graduate level course of two (2) semester
20 hours or three (3) quarter hours Graduate course work in the
21 following areas:
22 (A) Legal, ethical, and professional standards issues in the
23 practice of addiction counseling and therapy or an equivalent
24 course approved by the board.
25 (B) Appraisal and assessment for individual or interpersonal
26 disorder or dysfunction.
27 (3) At least one (1) supervised clinical practicum, internship, or
28 field experience in an addiction counseling setting that requires
29 the applicant to provide seven hundred (700) hours of clinical
30 addiction counseling services and that must include the following:
31 (A) Two hundred eighty (280) face to face client contact hours
32 of addiction counseling services under the supervision of a
33 qualified supervisor, as determined by the board.
34 (B) Thirty-five (35) hours of supervision from a qualified
35 supervisor, as determined by the board.
36 However, an applicant who has completed a clinical practicum,
37 an internship, or field experience to obtain another license under
38 this article is not required to complete the clinical addiction
39 counseling services hours required under this subdivision.
40 (4) Any qualifications established by the board under subsection
41 (c).
42 (b) The content areas under subsection (a)(1) may be combined into
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1 any one (1) graduate level course. if the applicant can prove that the
2 course work was devoted to each content area.
3 (c) The board shall adopt rules to establish any additional
4 educational or clinical qualifications as specified by the Council for
5 Accreditation of Counseling and Related Educational Programs or a
6 successor organization.
7 SECTION 12. IC 25-23.6-10.5-9.5, AS ADDED BY P.L.225-2017,
8 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
10 individual to be a licensed addiction counselor or licensed clinical
11 addiction counselor, not more than thirty (30) days after the
12 application is filed and completed, if the individual:
13 (1) has a valid license or certificate to practice from another state
14 or jurisdiction;
15 (2) has passed an examination substantially equivalent to the level
16 for which licensure is being requested;
17 (3) does not have a pending disciplinary proceeding in another
18 state; and
19 (4) pays a fee.
20 SECTION 13. IC 25-34.5-2-10.1 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10.1. (a) The
22 committee may shall issue a temporary permit to a person to practice
23 respiratory care or to profess to be a respiratory care practitioner, not
24 more than thirty (30) days after the application is filed and
25 completed, if the person pays a fee and:
26 (1) has:
27 (A) a valid license or certificate to practice from another state;
28 and
29 (B) applied for a license from the committee;
30 (2) is practicing in a state that does not license or certify
31 respiratory care practitioners but is credentialed by a national
32 respiratory care practitioner association approved by the
33 committee, and the person has applied for a license from the
34 committee; or
35 (3) has:
36 (A) been approved by the committee to take the next
37 examination; and
38 (B) graduated from a school or program approved by the
39 committee.
40 (b) A temporary permit expires the earlier of:
41 (1) the date the person holding the permit is issued a license under
42 this article; or
ES 5—LS 6630/DI 77 13
1 (2) the date the committee disapproves the person's license
2 application.
3 (c) The committee may renew a temporary permit if the person
4 holding the permit was scheduled to take the next examination and:
5 (1) did not take the examination; and
6 (2) shows good cause for not taking the examination.
7 (d) A permit renewed under subsection (c) expires on the date the
8 person holding the permit receives the results from the next
9 examination given after the permit was issued.
10 SECTION 14. IC 25-34.5-2-11 IS AMENDED TO READ AS
11 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The
12 committee may shall issue a license by endorsement, not more than
13 thirty (30) days after the application is filed and completed, to a
14 person who:
15 (1) presents satisfactory evidence to the committee that the person
16 holds:
17 (A) a license or certification to practice respiratory care in:
18 (i) another state; or
19 (ii) a jurisdiction of Canada; or
20 (B) credentials issued by a national respiratory care
21 practitioner organization approved by the committee;
22 (2) meets the requirements of section 8 of this chapter; and
23 (3) pays a fee determined by the board after consideration of a
24 recommendation of the committee.
25 (b) If the applicant presents satisfactory evidence that the applicant
26 has actively engaged in the practice of respiratory care that included
27 actual patient care:
28 (1) in another jurisdiction;
29 (2) under the supervision of a physician licensed in that
30 jurisdiction; and
31 (3) for at least ten (10) of the previous fifteen (15) years
32 preceding the date of application;
33 the committee may waive the education requirements under subsection
34 (a)(2) and section 8(b) of this chapter if the committee determines that
35 the applicant has sufficient knowledge and experience.
36 SECTION 15. IC 25-35.6-1-5.5, AS ADDED BY P.L.216-2021,
37 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 UPON PASSAGE]: Sec. 5.5. (a) An individual may practice
39 speech-language pathology in Indiana under a license to practice
40 speech-language pathology issued by a state that has entered into a
41 reciprocity agreement with the board under which an individual
42 licensed to practice speech-language pathology in Indiana is authorized
ES 5—LS 6630/DI 77 14
1 to practice speech-language pathology in the other state under the
2 individual's Indiana speech-language pathology license.
3 (b) Before January 1, 2023, the board shall initiate and make
4 every effort to enter into a reciprocity agreement with another
5 state that:
6 (1) is contiguous to Indiana; and
7 (2) is not a member of an interstate compact with Indiana
8 concerning speech-language pathology;
9 that would allow an individual licensed to practice speech-language
10 pathology in Indiana or the other state to practice in the other state
11 under the individual's speech-language pathology license.
12 SECTION 16. IC 25-35.6-1-6.5, AS ADDED BY P.L.216-2021,
13 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 UPON PASSAGE]: Sec. 6.5. (a) An individual may practice audiology
15 in Indiana under a license to practice audiology issued by a state that
16 has entered into a reciprocity agreement with the board under which an
17 individual licensed to practice audiology in Indiana is authorized to
18 practice audiology in the other state under the individual's Indiana
19 audiology license.
20 (b) Before January 1, 2023, the board shall initiate and make
21 every effort to enter into a reciprocity agreement with another
22 state that:
23 (1) is contiguous to Indiana; and
24 (2) is not a member of an interstate compact with Indiana
25 concerning audiology;
26 that would allow an individual licensed to practice audiology in
27 Indiana or the other state to practice in the other state under the
28 individual's audiology license.
29 SECTION 17. An emergency is declared for this act.
ES 5—LS 6630/DI 77 15
COMMITTEE REPORT
Madam President: The Senate Committee on Health and Provider
Services, to which was referred Senate Bill No. 5, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 2, between lines 2 and 3, begin a new paragraph and insert:
"Sec. 4.5. As used in this chapter, "provisional license or
provisional certificate" means a temporary license or certificate
issued under this chapter that allows the holder to practice the
occupation that was applied for and at the same practice level until
the license or certificate expires under section 7(c) of this chapter.".
and when so amended that said bill do pass.
(Reference is to SB 5 as introduced.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 10, Nays 0.
_____
SENATE MOTION
Madam President: I move that Senate Bill 5 be amended to read as
follows:
Page 1, line 9, after "1." insert "(a) This chapter does not apply to
any of the following licenses:
(1) Any type of social work license issued under IC 25-23.6-5.
(2) Any type of marriage and family therapist license issued
under IC 25-23.6-8.
(3) Any type of mental health counselor license issued under
IC 25-23.6-8.5.
(4) Any type of addiction counselor or clinical addiction
counselor license issued under IC 25-23.6-10.5.
(5) Any type of respiratory care practitioner license issued
under IC 25-34.5.
(b)".
Page 4, between lines 36 and 37, begin a new paragraph and insert:
"SECTION 3. IC 25-35.6-1-5.5, AS ADDED BY P.L.216-2021,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5.5. (a) An individual may practice
ES 5—LS 6630/DI 77 16
speech-language pathology in Indiana under a license to practice
speech-language pathology issued by a state that has entered into a
reciprocity agreement with the board under which an individual
licensed to practice speech-language pathology in Indiana is authorized
to practice speech-language pathology in the other state under the
individual's Indiana speech-language pathology license.
(b) Before January 1, 2023, the board shall initiate and make
every effort to enter into a reciprocity agreement with another
state that:
(1) is contiguous to Indiana; and
(2) is not a member of an interstate compact with Indiana
concerning speech-language pathology;
that would allow an individual licensed to practice speech-language
pathology in Indiana or the other state to practice in the other state
under the individual's speech-language pathology license.
SECTION 4. IC 25-35.6-1-6.5, AS ADDED BY P.L.216-2021,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6.5. (a) An individual may practice audiology
in Indiana under a license to practice audiology issued by a state that
has entered into a reciprocity agreement with the board under which an
individual licensed to practice audiology in Indiana is authorized to
practice audiology in the other state under the individual's Indiana
audiology license.
(b) Before January 1, 2023, the board shall initiate and make
every effort to enter into a reciprocity agreement with another
state that:
(1) is contiguous to Indiana; and
(2) is not a member of an interstate compact with Indiana
concerning audiology;
that would allow an individual licensed to practice audiology in
Indiana or the other state to practice in the other state under the
individual's audiology license.".
Renumber all SECTIONS consecutively.
(Reference is to SB 5 as printed January 13, 2022.)
BROWN L
ES 5—LS 6630/DI 77 17
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Health, to which was
referred Senate Bill 5, has had the same under consideration and begs
leave to report the same back to the House with the recommendation
that said bill be amended as follows:
Page 1, line 9, delete "This" and insert "Except for section 7 of this
chapter, this".
Page 4, between lines 34 and 35, begin a new paragraph and insert:
"(g) The board shall make a final decision on a license or
certificate application before the expiration of a provisional license
or provisional certificate issued under this section.".
Page 5, between lines 5 and 6, begin a new paragraph and insert:
"SECTION 3. IC 25-23.6-5-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3.1. (a) Except as
provided in subsection (b), a graduate program is considered to have
emphasized direct clinical patient or clinic health care services if the
graduate program meets the following requirements:
(1) Required coursework in clinical social work and related areas
such as psychiatric social work, medical social work, social case
work, case management, psychotherapy, group therapy, and any
other coursework accepted by the board.
(2) Required a supervised field placement that was part of the
applicant's advanced concentration in direct practice, during
which the applicant provided clinical services directly to clients.
(3) Required completion of twenty-four (24) semester hours or
thirty-seven (37) quarter hours of clinically oriented services
courses in the theory and research of human behavior and social
environment and practice methods. However, if the graduate
degree was obtained before October 1, 1990, and the applicant
submitted an application under section 3 of this chapter (before
its repeal) before July 1, 1999, twenty-one (21) semester hours or
thirty-one (31) quarter hours in clinically oriented services are
required. Not more than six (6) semester hours or nine (9) quarter
hours of the clinically oriented services courses may be from
independent study coursework.
If the applicant's transcript does not clearly identify the content of the
coursework, the applicant shall submit a syllabus, a course catalog
description, or other documentation that describes the coursework.
(b) An applicant who graduated from a graduate program that did
not emphasize direct patient or client services may complete the
clinical curriculum requirement by returning to a graduate program
ES 5—LS 6630/DI 77 18
allowed under section 2(1)(B) of this chapter to complete the education
requirements.
(c) Coursework that was taken at a baccalaureate level does not
meet the requirements under this section unless an official of the
graduate program certifies that the specific course, which a student
enrolled in the same graduate program was ordinarily required to
complete at the graduate level, was waived or exempted based on
completion of a similar course at the baccalaureate level.
SECTION 4. IC 25-23.6-5-10.5, AS ADDED BY P.L.192-2017,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10.5. The board shall issue a license to an
individual to be a bachelor's degree social worker, social worker, or
clinical social worker, not more than thirty (30) days after the
application is filed, if the individual:
(1) has a valid license or certificate to practice from another state
or jurisdiction;
(2) has passed an examination substantially equivalent to the level
for which licensure is being requested;
(3) does not have a pending disciplinary proceeding in another
state; and
(4) pays a fee.
SECTION 5. IC 25-23.6-8-2.5, AS AMENDED BY P.L.49-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2.5. (a) An applicant for a license as a marriage
and family therapist under section 1 of this chapter or an applicant for
a license as a marriage and family therapist associate under section 1.5
of this chapter must complete the following educational requirements:
(1) Except as provided in subsection (b), complete twenty-seven
(27) semester hours or forty-one (41) quarter hours of graduate
course work that must include graduate level course credits with
material in at least the following content areas:
(A) Theoretical foundations of marriage and family therapy.
(B) Major models of marriage and family therapy.
(C) Individual development.
(D) Family development and family relationships.
(E) Clinical problems.
(F) Collaboration with other disciplines.
(G) Sexuality.
(H) Gender and sexual orientation.
(I) Issues of ethnicity, race, socioeconomic status, and culture.
(J) Therapy techniques.
(K) Behavioral research that focuses on the interpretation and
ES 5—LS 6630/DI 77 19
application of research data as it applies to clinical practice.
The content areas may be combined into any one (1) graduate
level course. if the applicant can prove that the course work was
devoted to each content area.
(2) Not less than one (1) graduate level course of two (2) semester
hours or three (3) quarter hours Graduate course work in the
following areas:
(A) Legal, ethical, and professional standards issues in the
practice of marriage and family therapy or an equivalent
course approved by the board.
(B) Appraisal and assessment for individual or interpersonal
disorder or dysfunction.
(3) At least one (1) supervised clinical practicum, internship, or
field experience in a marriage and family counseling setting that
meets the following requirements:
(A) The applicant provided five hundred (500) hours of
marriage and family therapy services, including at least four
hundred (400) face to face client contact hours, of which at
least two hundred (200) hours must be relational, under the
supervision of a licensed marriage and family therapist who
has at least five (5) years of experience or a qualified
supervisor approved by the board.
(B) The applicant received one hundred (100) hours of
supervision from a licensed marriage and family therapist who
has at least five (5) years experience as a qualified supervisor.
The requirements under clauses (A) and (B) may be met by a
supervised practice experience that took place away from an
institution of higher education but that is certified by an official
of the eligible postsecondary educational institution as being
equivalent to a graduate level practicum or internship program at
an institution accredited by an accrediting agency approved by the
United States Department of Education Commission on
Recognition of Postsecondary Education, the Association of
Universities and Colleges of Canada, or the Commission on
Accreditation for Marriage and Family Therapy Education.
(b) The following graduate work may not be used to satisfy the
content area requirements under subsection (a):
(1) Thesis or dissertation work.
(2) Practicums, internships, or fieldwork.
SECTION 6. IC 25-23.6-8-9.5, AS ADDED BY P.L.225-2017,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
ES 5—LS 6630/DI 77 20
individual to be a marriage and family therapist, not more than thirty
(30) days after the application is filed, if the individual:
(1) has a valid license or certificate to practice from another state
or jurisdiction;
(2) has passed an examination substantially equivalent to the level
for which licensure is being requested;
(3) does not have a pending disciplinary proceeding in another
state; and
(4) pays a fee.
SECTION 7. IC 25-23.6-8.5-3, AS AMENDED BY P.L.160-2018,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. An applicant as a mental health counselor
under section 1 of this chapter or a mental health counselor associate
under section 1.5 of this chapter must complete the following
educational requirements:
(1) Complete sixty (60) semester hours of Graduate course work
in counseling that must include either a master's degree that
required not less than forty-eight (48) semester hours or a doctor's
degree in counseling. The graduate course work must include the
following content areas:
(A) Human growth and development.
(B) Social and cultural foundations of counseling.
(C) Helping relationship, including counseling theory and
practice.
(D) Group dynamics, processes, counseling, and consultation.
(E) Lifestyle and career development.
(F) Assessment and appraisal of individuals.
(G) Research and program evaluation.
(H) Professional orientation and ethics.
(I) Foundations of mental health counseling.
(J) Contextual dimensions of mental health counseling.
(K) Knowledge and skills for the practice of mental health
counseling and psychotherapy.
(L) Clinical instruction.
(2) Not less than one (1) supervised clinical practicum, internship,
or field experience in a counseling setting, which must include a
minimum of seven hundred (700) clock hours consisting of one
(1) practicum of one hundred (100) hours, and one (1) internship
of six hundred (600) hours with at least sixty-six (66) hours of
face to face supervision. This requirement may be met by a
supervised practice experience that took place away from an
eligible postsecondary educational institution but that is certified
ES 5—LS 6630/DI 77 21
by an official of the eligible postsecondary educational institution
as being equivalent to a clinical mental health graduate level
practicum or internship program at an institution accredited by an
accrediting agency approved by the United States Department of
Education or the Association of Universities and Colleges of
Canada.
SECTION 8. IC 25-23.6-8.5-9.5, AS ADDED BY P.L.225-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
individual to be a mental health counselor, not more than thirty (30)
days after the application is filed, if the individual:
(1) has a valid license or certificate to practice from another state
or jurisdiction;
(2) has passed an examination substantially equivalent to the level
for which licensure is being requested;
(3) does not have a pending disciplinary proceeding in another
state; and
(4) pays a fee.
SECTION 9. IC 25-23.6-10.5-5, AS AMENDED BY P.L.49-2019,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 5. (a) An applicant under section 1 of this chapter
must complete the following educational requirements:
(1) Forty (40) semester hours or sixty (60) quarter hours of Course
work from an eligible postsecondary educational institution that
includes the following content areas:
(A) Addictions theory.
(B) Psychoactive drugs.
(C) Addictions counseling skills.
(D) Theories of personality.
(E) Developmental psychology.
(F) Abnormal psychology.
(G) Group work.
(H) Cultural competency.
(I) Ethics and professional development.
(J) Family education.
(K) Areas of content as approved by the board.
(2) At least one (1) supervised practicum, internship, or field
experience in an addiction counseling setting that requires the
applicant to provide at least three hundred fifty (350) hours of
addiction counseling services.
(b) The content areas under subsection (a)(1) may be combined into
any one (1) college level course. if the applicant can prove that the
ES 5—LS 6630/DI 77 22
course work was devoted to each content area listed in subsection
(a)(1).
SECTION 10. IC 25-23.6-10.5-6, AS AMENDED BY
P.L.207-2021, SECTION 27, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) An applicant
under section 2 of this chapter must complete the following educational
requirements:
(1) Twenty-seven (27) semester hours or forty-one (41) quarter
hours of Graduate course work that must include graduate level
course credits with material in at least the following content areas:
(A) Addiction counseling theories and techniques.
(B) Psychopharmacology.
(C) Psychopathology.
(D) Clinical appraisal and assessment.
(E) Theory and practice of group addiction counseling.
(F) Counseling addicted family systems.
(G) Multicultural counseling.
(H) Research methods in addictions.
(I) Areas of content as approved by the board.
(2) At least one (1) graduate level course of two (2) semester
hours or three (3) quarter hours Graduate course work in the
following areas:
(A) Legal, ethical, and professional standards issues in the
practice of addiction counseling and therapy or an equivalent
course approved by the board.
(B) Appraisal and assessment for individual or interpersonal
disorder or dysfunction.
(3) At least one (1) supervised clinical practicum, internship, or
field experience in an addiction counseling setting that requires
the applicant to provide seven hundred (700) hours of clinical
addiction counseling services and that must include the following:
(A) Two hundred eighty (280) face to face client contact hours
of addiction counseling services under the supervision of a
qualified supervisor, as determined by the board.
(B) Thirty-five (35) hours of supervision from a qualified
supervisor, as determined by the board.
However, an applicant who has completed a clinical practicum,
an internship, or field experience to obtain another license under
this article is not required to complete the clinical addiction
counseling services hours required under this subdivision.
(4) Any qualifications established by the board under subsection
(c).
ES 5—LS 6630/DI 77 23
(b) The content areas under subsection (a)(1) may be combined into
any one (1) graduate level course. if the applicant can prove that the
course work was devoted to each content area.
(c) The board shall adopt rules to establish any additional
educational or clinical qualifications as specified by the Council for
Accreditation of Counseling and Related Educational Programs or a
successor organization.
SECTION 11. IC 25-23.6-10.5-9.5, AS ADDED BY P.L.225-2017,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9.5. The board shall issue a license to an
individual to be a licensed addiction counselor or licensed clinical
addiction counselor, not more than thirty (30) days after the
application is filed, if the individual:
(1) has a valid license or certificate to practice from another state
or jurisdiction;
(2) has passed an examination substantially equivalent to the level
for which licensure is being requested;
(3) does not have a pending disciplinary proceeding in another
state; and
(4) pays a fee.
SECTION 12. IC 25-34.5-2-10.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10.1. (a) The
committee may shall issue a temporary permit to a person to practice
respiratory care or to profess to be a respiratory care practitioner, not
more than thirty (30) days after the application is filed, if the person
pays a fee and:
(1) has:
(A) a valid license or certificate to practice from another state;
and
(B) applied for a license from the committee;
(2) is practicing in a state that does not license or certify
respiratory care practitioners but is credentialed by a national
respiratory care practitioner association approved by the
committee, and the person has applied for a license from the
committee; or
(3) has:
(A) been approved by the committee to take the next
examination; and
(B) graduated from a school or program approved by the
committee.
(b) A temporary permit expires the earlier of:
(1) the date the person holding the permit is issued a license under
ES 5—LS 6630/DI 77 24
this article; or
(2) the date the committee disapproves the person's license
application.
(c) The committee may renew a temporary permit if the person
holding the permit was scheduled to take the next examination and:
(1) did not take the examination; and
(2) shows good cause for not taking the examination.
(d) A permit renewed under subsection (c) expires on the date the
person holding the permit receives the results from the next
examination given after the permit was issued.
SECTION 13. IC 25-34.5-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The
committee may shall issue a license by endorsement, not more than
thirty (30) days after the application is filed, to a person who:
(1) presents satisfactory evidence to the committee that the person
holds:
(A) a license or certification to practice respiratory care in:
(i) another state; or
(ii) a jurisdiction of Canada; or
(B) credentials issued by a national respiratory care
practitioner organization approved by the committee;
(2) meets the requirements of section 8 of this chapter; and
(3) pays a fee determined by the board after consideration of a
recommendation of the committee.
(b) If the applicant presents satisfactory evidence that the applicant
has actively engaged in the practice of respiratory care that included
actual patient care:
(1) in another jurisdiction;
(2) under the supervision of a physician licensed in that
jurisdiction; and
(3) for at least ten (10) of the previous fifteen (15) years
preceding the date of application;
the committee may waive the education requirements under subsection
(a)(2) and section 8(b) of this chapter if the committee determines that
the applicant has sufficient knowledge and experience.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 5 as reprinted January 21, 2022.)
BARRETT
Committee Vote: yeas 12, nays 0.
ES 5—LS 6630/DI 77 25
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred Senate Bill 5, has had the same under consideration and begs
leave to report the same back to the House with the recommendation
that said bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 12-15-15-1.2, AS ADDED BY P.L.132-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.2. (a) This section applies only to state fiscal
years beginning after June 30, 2021, and ending before July 1, 2023.
(b) As used in this section, "children's hospital" means:
(1) a freestanding general acute care hospital that:
(A) is designated by the Medicare program as a children's
hospital; or
(B) furnishes inpatient and outpatient health care services to
patients who are predominantly individuals less than nineteen
(19) years of age; or
(2) a facility located within a freestanding general acute care
hospital that:
(A) is designated by the Medicare program as a children's
hospital; or
(B) furnishes inpatient and outpatient health care services to
patients who are predominately individuals less than nineteen
(19) years of age.
(c) This section applies to reimbursement for inpatient Medicaid
services and outpatient Medicaid services provided to a Medicaid
recipient who is less than nineteen (19) years of age at a children's
hospital that is located in a state bordering Indiana. This section does
not apply to reimbursement for non-emergency medical transportation.
(d) Subject to subsection (a), the office shall reimburse a children's
hospital for covered services provided to a Medicaid recipient that is
described in subsection (c) at a rate set by the secretary that is based on
a reimbursement formula that is:
(1) comparable to the current federal Medicare reimbursement
rate for the service provided by the children's hospital; or
(2) one hundred thirty percent (130%) of the Medicaid
reimbursement rate for a service that does not have a Medicare
reimbursement rate.
(e) Before September 1, 2021, the office shall apply to the United
States Department of Health and Human Services for any state plan
ES 5—LS 6630/DI 77 26
amendment or Medicaid waiver necessary to implement and administer
this section.
(f) The office may adopt rules under IC 4-22-2 necessary for the
implementation of this section.
(g) Not later than September 30, 2022, the office shall complete
a review of methods of calculating outlier payments in a way that
does not negatively impact final reimbursement determined
according to the rate set under subsection (d) as compared to final
reimbursement when calculated as if the rate adjustment was not
required under subsection (d).
(g) (h) This section expires July 1, 2023.".
Page 5, line 2, after "more" insert "than".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to ESB 5 as printed February 10, 2022.)
BROWN T
Committee Vote: yeas 24, nays 0.
_____
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 5 be amended to
read as follows:
Page 7, line 12, delete "filed," and insert "filed and completed,".
Page 8, line 42, delete "filed," and insert "filed and completed,".
Page 10, line 9, delete "filed," and insert "filed and completed,".
Page 12, line 11, delete "filed," and insert "filed and completed,".
Page 12, line 23, delete "filed," and insert "filed and completed,".
Page 13, line 12, delete "filed," and insert "filed and completed,".
(Reference is to ESB 5 as printed February 21, 2022.)
VERMILION
ES 5—LS 6630/DI 77