Indiana 2024 Regular Session

Indiana House Bill HB1072 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. 1072
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-34-10; IC 21-40; IC 21-44-8.
7	7	Synopsis: Student immunizations. Provides that a student enrolled in
8	8	a health profession education program may not be required to receive
9	9	an immunization as a condition of: (1) participating in; or (2)
10	10	obtaining; clinical training or clinical experience required by the
11	11	program. Allows a student to bring a civil action against an entity for
12	12	a violation of these provisions. Amends the definition of
13	13	"documentation of exemption" for purposes of provisions governing
14	14	immunization requirements at state educational institutions. Prohibits
15	15	a state educational institution from requiring a student to provide
16	16	specific information regarding the student's religious objection in a
17	17	request for an exemption from immunization requirements.
18	18	Effective: Upon passage.
19	19	Cash, Teshka
20	20	January 8, 2024, read first time and referred to Committee on Education.
21	21	2024 IN 1072—LS 6249/DI 147 Introduced
22	22	Second Regular Session of the 123rd General Assembly (2024)
23	23	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24	Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25	additions will appear in this style type, and deletions will appear in this style type.
26	26	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27	provision adopted), the text of the new provision will appear in this style type. Also, the
28	28	word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29	a new provision to the Indiana Code or the Indiana Constitution.
30	30	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31	between statutes enacted by the 2023 Regular Session of the General Assembly.
32	32	HOUSE BILL No. 1072
33	33	A BILL FOR AN ACT to amend the Indiana Code concerning
34	34	education.
35	35	Be it enacted by the General Assembly of the State of Indiana:
36	36	1 SECTION 1. IC 20-34-10 IS ADDED TO THE INDIANA CODE
37	37	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
38	38	3 UPON PASSAGE]:
39	39	4 Chapter 10. Health Profession Education Program
40	40	5 Sec. 1. This chapter does not apply to a contract entered into or
41	41	6 renewed before March 31, 2024.
42	42	7 Sec. 2. As used in this chapter, "health profession education
43	43	8 program" means an education program that:
44	44	9 (1) is designed to prepare a student for a career in a health
45	45	10 profession regulated by an entity described in IC 25-0.5-11;
46	46	11 and
47	47	12 (2) requires a student to complete clinical training or clinical
48	48	13 experience at an offsite facility.
49	49	14 Sec. 3. As used in this chapter, "immunization" means the
50	50	15 treatment of an individual with a vaccine to produce immunity.
51	51	16 Sec. 4. As used in this chapter, "student" means a student
52	52	17 enrolled in a health profession education program.
53	53	2024 IN 1072—LS 6249/DI 147 2
54	54	1 Sec. 5. A student may not be required to receive an
55	55	2 immunization as a condition of:
56	56	3 (1) participating in; or
57	57	4 (2) obtaining;
58	58	5 clinical training or clinical experience required by a health
59	59	6 profession education program.
60	60	7 Sec. 6. (a) A student may bring a civil action against an entity
61	61	8 that violates this chapter.
62	62	9 (b) The court may award to a student who prevails in an action
63	63	10 under this section any of the following:
64	64	11 (1) Injunctive relief.
65	65	12 (2) Costs and reasonable attorney's fees.
66	66	13 SECTION 2. IC 21-40-1-6, AS ADDED BY P.L.2-2007, SECTION
67	67	14 281, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
68	68	15 PASSAGE]: Sec. 6. "Documentation of exemption" means a: form that:
69	69	16 (1) is acceptable to a state educational institution; and
70	70	17 (2) (1) form that indicates the circumstances as described in
71	71	18 IC 21-40-5-4; and or
72	72	19 (2) statement that a student has a sincerely held religious
73	73	20 belief as described in IC 21-40-5-6;
74	74	21 entitling the student to an exemption from the requirements in sections
75	75	22 IC 21-40-5-2 and IC 21-40-5-3.
76	76	23 SECTION 3. IC 21-40-5-6, AS ADDED BY P.L.2-2007, SECTION
77	77	24 281, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
78	78	25 PASSAGE]: Sec. 6. (a) Except as otherwise provided, a student may
79	79	26 not be required to undergo testing, examination, immunization, or
80	80	27 treatment required under this chapter when the student objects on
81	81	28 religious grounds.
82	82	29 (b) A religious objection does not exempt a student from testing,
83	83	30 examination, immunization, or treatment required under this chapter
84	84	31 unless the request for an exemption is:
85	85	32 (1) made in writing;
86	86	33 (2) signed by the student; and
87	87	34 (3) delivered to the individual who might order a test, an
88	88	35 examination, an immunization, or a treatment absent the religious
89	89	36 objection.
90	90	37 (c) A state educational institution may not require a student to
91	91	38 provide specific information regarding the student's religious
92	92	39 objection in a request for an exemption described in subsection (b).
93	93	40 SECTION 4. IC 21-44-8 IS ADDED TO THE INDIANA CODE AS
94	94	41 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
95	95	42 PASSAGE]:
96	96	2024 IN 1072—LS 6249/DI 147 3
97	97	1 Chapter 8. Health Profession Education Program
98	98	2 Sec. 1. This chapter does not apply to a contract entered into or
99	99	3 renewed before March 31, 2024.
100	100	4 Sec. 2. (a) As used in this chapter, "health profession education
101	101	5 program" means an education program that:
102	102	6 (1) is designed to prepare a student for a career in a health
103	103	7 profession regulated by an entity described in IC 25-0.5-11;
104	104	8 and
105	105	9 (2) requires a student to complete clinical training or clinical
106	106	10 experience at an offsite facility.
107	107	11 (b) The term includes an intern, residency, and graduate
108	108	12 program (as defined in IC 21-44-1-12).
109	109	13 Sec. 3. As used in this chapter, "immunization" means the
110	110	14 treatment of an individual with a vaccine to produce immunity.
111	111	15 Sec. 4. As used in this chapter, "student" means a student
112	112	16 enrolled in a health profession education program.
113	113	17 Sec. 5. A student may not be required to receive an
114	114	18 immunization as a condition of:
115	115	19 (1) participating in; or
116	116	20 (2) obtaining;
117	117	21 clinical training or clinical experience required by a health
118	118	22 profession education program.
119	119	23 Sec. 6. (a) A student may bring a civil action against an entity
120	120	24 that violates this chapter.
121	121	25 (b) The court may award to a student who prevails in an action
122	122	26 under this section any of the following:
123	123	27 (1) Injunctive relief.
124	124	28 (2) Costs and reasonable attorney's fees.
125	125	29 SECTION 5. An emergency is declared for this act.
126	126	2024 IN 1072—LS 6249/DI 147