Indiana 2024 Regular Session

Indiana House Bill HB1335 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. 1335
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-18-2; IC 16-38-7; IC 35-52-16-33.5.
7	7	Synopsis: Indiana vaccination adverse event reporting system.
8	8	Requires the Indiana department of health (department) to establish an
9	9	Indiana vaccination adverse event reporting system (IVAERS) for
10	10	reporting the occurrence of adverse events relating to childhood
11	11	vaccines. Provides that IVAERS must enable a health care provider to
12	12	report the occurrence of an adverse event experienced by a child
13	13	residing in Indiana who is under the care of the health care provider.
14	14	Requires the department to create a searchable Internet data base for
15	15	publishing information reported through IVAERS. Provides that the
16	16	health information of a particular individual is confidential. Specifies
17	17	to whom and the requirements for releasing health information of a
18	18	particular individual. Provides that a person who knowingly,
19	19	intentionally, or recklessly discloses confidential information received
20	20	through IVAERS in violation of the statute commits a Class A
21	21	misdemeanor. Authorizes the department to adopt rules concerning
22	22	IVAERS. Makes an appropriation.
23	23	Effective: July 1, 2024.
24	24	Borders
25	25	January 10, 2024, read first time and referred to Committee on Public Health.
26	26	2024 IN 1335—LS 6434/DI 104 Introduced
27	27	Second Regular Session of the 123rd General Assembly (2024)
28	28	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	29	Constitution) is being amended, the text of the existing provision will appear in this style type,
30	30	additions will appear in this style type, and deletions will appear in this style type.
31	31	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	32	provision adopted), the text of the new provision will appear in this style type. Also, the
33	33	word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	34	a new provision to the Indiana Code or the Indiana Constitution.
35	35	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	36	between statutes enacted by the 2023 Regular Session of the General Assembly.
37	37	HOUSE BILL No. 1335
38	38	A BILL FOR AN ACT to amend the Indiana Code concerning
39	39	health and to make an appropriation.
40	40	Be it enacted by the General Assembly of the State of Indiana:
41	41	1 SECTION 1. IC 16-18-2-7.5 IS ADDED TO THE INDIANA CODE
42	42	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
43	43	3 1, 2024]: Sec. 7.5. "Adverse event", for purposes of IC 16-38-7, has
44	44	4 the meaning set forth in IC 16-38-7-1.
45	45	5 SECTION 2. IC 16-18-2-54.6 IS ADDED TO THE INDIANA
46	46	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
47	47	7 [EFFECTIVE JULY 1, 2024]: Sec. 54.6. "Childhood vaccine", for
48	48	8 purposes of IC 16-38-7, has the meaning set forth in IC 16-38-7-2.
49	49	9 SECTION 3. IC 16-18-2-163, AS AMENDED BY
50	50	10 P.L.179-2022(ss), SECTION 4, IS AMENDED TO READ AS
51	51	11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 163. (a) Except as
52	52	12 provided in subsection (c), "health care provider", for purposes of
53	53	13 IC 16-21, IC 16-38-7, and IC 16-41, means any of the following:
54	54	14 (1) An individual, a partnership, a corporation, a professional
55	55	15 corporation, a facility, or an institution licensed or legally
56	56	16 authorized by this state to provide health care or professional
57	57	17 services as a licensed physician, a psychiatric hospital, a hospital,
58	58	2024 IN 1335—LS 6434/DI 104 2
59	59	1 a health facility, an emergency ambulance service (IC 16-31-3),
60	60	2 a dentist, a registered or licensed practical nurse, a midwife, an
61	61	3 optometrist, a pharmacist, a podiatrist, a chiropractor, a physical
62	62	4 therapist, a respiratory care practitioner, an occupational therapist,
63	63	5 a psychologist, a paramedic, an emergency medical technician, an
64	64	6 advanced emergency medical technician, an athletic trainer, or a
65	65	7 person who is an officer, employee, or agent of the individual,
66	66	8 partnership, corporation, professional corporation, facility, or
67	67	9 institution acting in the course and scope of the person's
68	68	10 employment.
69	69	11 (2) A college, university, or junior college that provides health
70	70	12 care to a student, a faculty member, or an employee, and the
71	71	13 governing board or a person who is an officer, employee, or agent
72	72	14 of the college, university, or junior college acting in the course
73	73	15 and scope of the person's employment.
74	74	16 (3) A blood bank, community mental health center, community
75	75	17 intellectual disability center, community health center, or migrant
76	76	18 health center.
77	77	19 (4) A home health agency (as defined in IC 16-27-1-2).
78	78	20 (5) A health maintenance organization (as defined in
79	79	21 IC 27-13-1-19).
80	80	22 (6) A health care organization whose members, shareholders, or
81	81	23 partners are health care providers under subdivision (1).
82	82	24 (7) A corporation, partnership, or professional corporation not
83	83	25 otherwise qualified under this subsection that:
84	84	26 (A) provides health care as one (1) of the corporation's,
85	85	27 partnership's, or professional corporation's functions;
86	86	28 (B) is organized or registered under state law; and
87	87	29 (C) is determined to be eligible for coverage as a health care
88	88	30 provider under IC 34-18 for the corporation's, partnership's, or
89	89	31 professional corporation's health care function.
90	90	32 Coverage for a health care provider qualified under this subdivision is
91	91	33 limited to the health care provider's health care functions and does not
92	92	34 extend to other causes of action.
93	93	35 (b) "Health care provider", for purposes of IC 16-35, has the
94	94	36 meaning set forth in subsection (a). However, for purposes of IC 16-35,
95	95	37 the term also includes a health facility (as defined in section 167 of this
96	96	38 chapter).
97	97	39 (c) "Health care provider", for purposes of IC 16-32-5, IC 16-36-5,
98	98	40 IC 16-36-6, and IC 16-41-10 means an individual licensed or
99	99	41 authorized by this state to provide health care or professional services
100	100	42 as:
101	101	2024 IN 1335—LS 6434/DI 104 3
102	102	1 (1) a licensed physician;
103	103	2 (2) a registered nurse;
104	104	3 (3) a licensed practical nurse;
105	105	4 (4) an advanced practice registered nurse;
106	106	5 (5) a certified nurse midwife;
107	107	6 (6) a paramedic;
108	108	7 (7) an emergency medical technician;
109	109	8 (8) an advanced emergency medical technician;
110	110	9 (9) an emergency medical responder, as defined by section 109.8
111	111	10 of this chapter;
112	112	11 (10) a licensed dentist;
113	113	12 (11) a home health aide, as defined by section 174 of this chapter;
114	114	13 or
115	115	14 (12) a licensed physician assistant.
116	116	15 The term includes an individual who is an employee or agent of a
117	117	16 health care provider acting in the course and scope of the individual's
118	118	17 employment.
119	119	18 (d) "Health care provider", for purposes of IC 16-36-7, has the
120	120	19 meaning set forth in IC 16-36-7-12.
121	121	20 (e) "Health care provider", for purposes of IC 16-40-4, means any
122	122	21 of the following:
123	123	22 (1) An individual, a partnership, a corporation, a professional
124	124	23 corporation, a facility, or an institution licensed or authorized by
125	125	24 the state to provide health care or professional services as a
126	126	25 licensed physician, a psychiatric hospital, a hospital, a health
127	127	26 facility, an emergency ambulance service (IC 16-31-3), an
128	128	27 ambulatory outpatient surgical center, a dentist, an optometrist, a
129	129	28 pharmacist, a podiatrist, a chiropractor, a psychologist, or a
130	130	29 person who is an officer, employee, or agent of the individual,
131	131	30 partnership, corporation, professional corporation, facility, or
132	132	31 institution acting in the course and scope of the person's
133	133	32 employment.
134	134	33 (2) A blood bank, laboratory, community mental health center,
135	135	34 community intellectual disability center, community health
136	136	35 center, or migrant health center.
137	137	36 (3) A home health agency (as defined in IC 16-27-1-2).
138	138	37 (4) A health maintenance organization (as defined in
139	139	38 IC 27-13-1-19).
140	140	39 (5) A health care organization whose members, shareholders, or
141	141	40 partners are health care providers under subdivision (1).
142	142	41 (6) A corporation, partnership, or professional corporation not
143	143	42 otherwise specified in this subsection that:
144	144	2024 IN 1335—LS 6434/DI 104 4
145	145	1 (A) provides health care as one (1) of the corporation's,
146	146	2 partnership's, or professional corporation's functions;
147	147	3 (B) is organized or registered under state law; and
148	148	4 (C) is determined to be eligible for coverage as a health care
149	149	5 provider under IC 34-18 for the corporation's, partnership's, or
150	150	6 professional corporation's health care function.
151	151	7 (7) A person that is designated to maintain the records of a person
152	152	8 described in subdivisions (1) through (6).
153	153	9 (f) "Health care provider", for purposes of IC 16-45-4, has the
154	154	10 meaning set forth in 47 CFR 54.601(a).
155	155	11 SECTION 4. IC 16-18-2-194.9 IS ADDED TO THE INDIANA
156	156	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
157	157	13 [EFFECTIVE JULY 1, 2024]: Sec. 194.9. "IVAERS", for purposes
158	158	14 of IC 16-38-7, has the meaning set forth in IC 16-38-7-3.
159	159	15 SECTION 5. IC 16-38-7 IS ADDED TO THE INDIANA CODE AS
160	160	16 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
161	161	17 1, 2024]:
162	162	18 Chapter 7. Indiana Vaccination Adverse Event Reporting
163	163	19 System
164	164	20 Sec. 1. As used in this chapter, "adverse event" means any of the
165	165	21 following occurring after the administration of a childhood
166	166	22 vaccine:
167	167	23 (1) An event that is a reportable event for purposes of the
168	168	24 administration of the federal vaccination adverse event
169	169	25 reporting system as published by the United States
170	170	26 Department of Health and Human Services in the Table of
171	171	27 Reportable Events in effect on January 1, 2022.
172	172	28 (2) A diagnosis that a child receiving the childhood vaccine
173	173	29 has autism spectrum disorder.
174	174	30 (3) Any other reaction or injury that a health care provider
175	175	31 determines is proximately caused by the administration of the
176	176	32 childhood vaccine.
177	177	33 Sec. 2. As used in this chapter, "childhood vaccine" means an
178	178	34 immunization described in IC 20-34-4-2(a).
179	179	35 Sec. 3. As used in this chapter, "IVAERS" refers to the Indiana
180	180	36 vaccination adverse event reporting system established under
181	181	37 section 4 of this chapter.
182	182	38 Sec. 4. (a) The state department shall develop the Indiana
183	183	39 vaccination adverse event reporting system (IVAERS).
184	184	40 (b) IVAERS must enable a health care provider to report the
185	185	41 occurrence of an adverse event experienced by a child residing in
186	186	42 Indiana who is under the care of the health care provider.
187	187	2024 IN 1335—LS 6434/DI 104 5
188	188	1 Sec. 5. A health care provider shall, in the form and manner
189	189	2 required by the rules adopted by the state department, report to
190	190	3 the state department through IVAERS the occurrence of an
191	191	4 adverse event experienced by a child residing in Indiana who is
192	192	5 under the care of the health care provider.
193	193	6 Sec. 6. The state department shall do the following:
194	194	7 (1) Create a searchable Internet data base for publishing
195	195	8 information reported through IVAERS under section 5 of this
196	196	9 chapter after removing any personal identifying information
197	197	10 of a child who experiences an adverse event.
198	198	11 (2) Provide continuing twenty-four (24) hour a day online
199	199	12 access to the data base.
200	200	13 (3) Secure the information collected under section 5 of this
201	201	14 chapter and the data base maintained under this chapter
202	202	15 against access by unauthorized persons.
203	203	16 Sec. 7. (a) Health information reported by a health care
204	204	17 provider through IVAERS is confidential.
205	205	18 (b) The state department may release information received
206	206	19 through IVAERS relating to a particular individual to the
207	207	20 individual or to the individual's parent or guardian if the
208	208	21 individual is less than eighteen (18) years of age.
209	209	22 (c) With the consent of the individual or of the individual's
210	210	23 parent or guardian if the individual is less than eighteen (18) years
211	211	24 of age, the state department may release information received
212	212	25 through IVAERS relating to a particular individual to a health
213	213	26 care provider.
214	214	27 (d) A person who knowingly, intentionally, or recklessly
215	215	28 discloses confidential information received through IVAERS in
216	216	29 violation of this chapter commits a Class A misdemeanor.
217	217	30 Sec. 8. The state department shall adopt rules under IC 4-22-2
218	218	31 to implement this chapter, including rules concerning the
219	219	32 following:
220	220	33 (1) The form and manner in which a health care provider
221	221	34 must submit information to IVAERS.
222	222	35 (2) Protecting the privacy and personal identifying
223	223	36 information of children who experience adverse events.
224	224	37 (3) The form and manner of publishing information relating
225	225	38 to adverse events without breaching the confidentiality of the
226	226	39 health information of particular individuals.
227	227	40 (4) The design of the data base required under section 6 of this
228	228	41 chapter.
229	229	42 Sec. 9. Money is annually appropriated to the state department
230	230	2024 IN 1335—LS 6434/DI 104 6
231	231	1 from the state general fund in an amount sufficient to establish and
232	232	2 maintain IVAERS established under section 4 of this chapter.
233	233	3 SECTION 6. IC 35-52-16-33.5 IS ADDED TO THE INDIANA
234	234	4 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
235	235	5 [EFFECTIVE JULY 1, 2024]: Sec. 33.5. IC 16-38-7-7 defines a crime
236	236	6 concerning the release of confidential information maintained in
237	237	7 the Indiana vaccination adverse event reporting system.
238	238	2024 IN 1335—LS 6434/DI 104