Indiana 2025 Regular Session

Indiana House Bill HB1160 Latest Draft

Bill / Introduced Version Filed 01/07/2025

                             
Introduced Version
HOUSE BILL No. 1160
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 20-34-10; IC 21-40; IC 21-44-8.
Synopsis:  Student immunizations. Provides that a student enrolled in
a health profession education program may not be required to receive
an immunization as a condition of: (1) participating in; or (2)
obtaining; clinical training or clinical experience required by the
program when the student has a medical or religious exemption.
Allows a student to bring a civil action against an entity for a violation
of these provisions. Amends the definition of "documentation of
exemption" for purposes of provisions governing immunization
requirements at state educational institutions. Provides that a student
may not be required to provide specific information regarding the
student's religious objection.
Effective:  Upon passage.
Cash, Carbaugh, McGuire
January 8, 2025, read first time and referred to Committee on Education.
2025	IN 1160—LS 7165/DI 147 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1160
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-34-10 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]:
4 Chapter 10. Health Profession Education Program
5 Sec. 1. This chapter does not apply to a contract entered into or
6 renewed before May 15, 2025.
7 Sec. 2. As used in this chapter, "health profession education
8 program" means an education program that:
9 (1) is designed to prepare a student for a career in a health
10 profession regulated by an entity described in IC 25-0.5-11;
11 and
12 (2) requires a student to complete clinical training or clinical
13 experience at an offsite facility.
14 Sec. 3. As used in this chapter, "immunization" means the
15 treatment of an individual with a vaccine to produce immunity.
16 Sec. 4. As used in this chapter, "student" means a student
17 enrolled in a health profession education program.
2025	IN 1160—LS 7165/DI 147 2
1 Sec. 5. (a) A student may not be required to receive an
2 immunization as a condition of:
3 (1) participating in; or
4 (2) obtaining;
5 clinical training or clinical experience required by a health
6 profession education program when the student has a medical
7 exemption or objects on religious grounds in accordance with
8 IC 21-40-5-4 or IC 21-40-5-6.
9 (b) A student may not be required to provide specific
10 information regarding the student's religious objection under
11 subsection (a).
12 Sec. 6. (a) A student may bring a civil action against an entity
13 that violates this chapter.
14 (b) The court may award to a student who prevails in an action
15 under this section any of the following:
16 (1) Injunctive relief.
17 (2) Costs and reasonable attorney's fees.
18 SECTION 2. IC 21-40-1-6, AS AMENDED BY THE TECHNICAL
19 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
20 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
21 PASSAGE]: Sec. 6. "Documentation of exemption" means a: form that:
22 (1) is acceptable to a state educational institution; and
23 (2) (1) form that indicates the circumstances as described in
24 IC 21-40-5-4; and or
25 (2) statement that a student has a sincerely held religious
26 belief as described in IC 21-40-5-6;
27 entitling the student to an exemption from the requirements in sections
28 IC 21-40-5-2 and IC 21-40-5-3.
29 SECTION 3. IC 21-40-5-6, AS ADDED BY P.L.2-2007, SECTION
30 281, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
31 PASSAGE]: Sec. 6. (a) Except as otherwise provided, a student may
32 not be required to undergo testing, examination, immunization, or
33 treatment required under this chapter when the student objects on
34 religious grounds.
35 (b) A religious objection does not exempt a student from testing,
36 examination, immunization, or treatment required under this chapter
37 unless the request for an exemption is:
38 (1) made in writing;
39 (2) signed by the student; and
40 (3) delivered to the individual who might order a test, an
41 examination, an immunization, or a treatment absent the religious
42 objection.
2025	IN 1160—LS 7165/DI 147 3
1 (c) A state educational institution may not require a student to
2 provide specific information regarding the student's religious
3 objection in a request for an exemption described in subsection (b).
4 SECTION 4. IC 21-44-8 IS ADDED TO THE INDIANA CODE AS
5 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
6 PASSAGE]:
7 Chapter 8. Health Profession Education Program
8 Sec. 1. This chapter does not apply to a contract entered into or
9 renewed before May 15, 2025.
10 Sec. 2. (a) As used in this chapter, "health profession education
11 program" means an education program that:
12 (1) is designed to prepare a student for a career in a health
13 profession regulated by an entity described in IC 25-0.5-11;
14 and
15 (2) requires a student to complete clinical training or clinical
16 experience at an offsite facility.
17 (b) The term includes an intern, residency, and graduate
18 program (as defined in IC 21-44-1-12).
19 Sec. 3. As used in this chapter, "immunization" means the
20 treatment of an individual with a vaccine to produce immunity.
21 Sec. 4. As used in this chapter, "student" means a student
22 enrolled in a health profession education program.
23 Sec. 5. (a) A student may not be required to receive an
24 immunization as a condition of:
25 (1) participating in; or
26 (2) obtaining;
27 clinical training or clinical experience required by a health
28 profession education program when the student has a medical
29 exemption or objects on religious grounds in accordance with
30 IC 21-40-5-4 or IC 21-40-5-6.
31 (b) A student may not be required to provide specific
32 information regarding the student's religious objection under
33 subsection (a).
34 Sec. 6. (a) A student may bring a civil action against an entity
35 that violates this chapter.
36 (b) The court may award to a student who prevails in an action
37 under this section any of the following:
38 (1) Injunctive relief.
39 (2) Costs and reasonable attorney's fees.
40 SECTION 5. An emergency is declared for this act.
2025	IN 1160—LS 7165/DI 147