Introduced Version
HOUSE BILL No. 1457
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-15-10.5-1; IC 16-18-2-377.5;
IC 16-21-2-12.5; IC 16-27-2; IC 16-28-13; IC 16-35-1.5;
IC 16-37-1-3.1; IC 16-39-2-6; IC 16-41-43-2.5; IC 16-49-4-2.
Synopsis: Indiana department of health. Specifies that provisions of
law governing the office of administrative law proceedings apply to the
Indiana department of health (state department) in matters concerning
the involuntary transfer or discharge of a resident of a health facility.
Provides that in regulating the licensure of hospitals, the state
department shall use the most recent version of specified publications
for purposes of enforcement. Requires the state department to list the
current version of each publication on its website for at least 180 days
before the state department may take action using a new version.
Amends the list of crimes or acts that preclude a home health aide,
nurse aide, or other unlicensed employee from employment at a home
health agency and certain health care facilities. Amends the list of
crimes that preclude a person from operating a home health agency or
personal services agency. Requires the state department to: (1)
investigate any report that a nurse aide or home health aide has been
convicted of a certain crime; and (2) remove the individual from the
state nurse aide registry. Makes it a Class A infraction for a person
convicted of a certain crime to knowingly or intentionally apply for a
job as a home health aide or other unlicensed employee at a home
health agency or certain health care facilities. For provisions
concerning the women, infants, and children nutrition program (WIC
program), defines "WIC vendor agreement". Requires the state
department to: (1) select WIC program vendors based on selection
criteria set forth in federal regulations; (2) review the selection criteria
annually; (3) include the selection criteria in the WIC state plan; and
(4) publish the selection criteria on the state department's website. For
(Continued next page)
Effective: July 1, 2025.
Barrett
January 21, 2025, read first time and referred to Committee on Public Health.
2025 IN 1457—LS 7490/DI 147 Digest Continued
purposes of submitting a death record of a stillborn, requires the
physician, physician assistant, or advanced practice registered nurse
(APRN) last in attendance to initiate the document process unless the
physician, physician assistant, or APRN was not present upon the
deceased. Includes reporting to local child fatality review teams, the
statewide child fatality review committee, local fetal-infant mortality
review teams, and suicide and overdose fatality review teams for the
release of mental health records without the consent of the patient.
Requires the state department to: (1) approve courses concerning
auto-injectable epinephrine that meet criteria established by the state
department (rather than courses offered by an approved organization
as defined in current law); and (2) publish the criteria on its website.
Removes a provision allowing the state department to contract with a
third party to create a certificate of completion for a course. Amends
the membership of the statewide child fatality review committee.
2025 IN 1457—LS 7490/DI 1472025 IN 1457—LS 7490/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. 1457
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-15-10.5-1, AS ADDED BY P.L.205-2019,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. (a) Beginning July 1, 2020, This chapter applies
4 when an agency is required to assign, appoint, or otherwise make use
5 of an individual to act in the capacity of an administrative law judge to
6 preside over administrative proceedings to review a disputed agency
7 action for the agency.
8 (b) Except as provided in subsection (c) (d) and section 2 of this
9 chapter, this chapter applies to each state agency that has the authority
10 to employ or engage one (1) or more administrative law judges to
11 adjudicate contested cases.
12 (c) This chapter applies to the Indiana department of health in
13 matters concerning the involuntary transfer or discharge of a
14 resident of a health facility.
15 (c) (d) This chapter does not apply to an agency that uses a board or
2025 IN 1457—LS 7490/DI 147 2
1 commission to act in the capacity of an administrative law judge to
2 preside over administrative proceedings, and should not be construed
3 as limiting an agency's ability to use its board or commission to act in
4 the capacity of an administrative law judge to preside over
5 administrative proceedings to review a disputed agency action for the
6 agency.
7 SECTION 2. IC 16-18-2-377.5 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2025]: Sec. 377.5. "WIC vendor agreement",
10 for purposes of IC 16-35-1.5, has the meaning set forth in
11 IC 16-35-1.5-4.5.
12 SECTION 3. IC 16-21-2-12.5 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2025]: Sec. 12.5. (a) In regulating the
15 licensure of hospitals and ambulatory outpatient surgical centers
16 under this article, the state department may use the most recent
17 version of the following for purposes of enforcement:
18 (1) Guidelines for Design and Construction of Hospitals.
19 (2) Guidelines for Design and Construction of Outpatient
20 Facilities.
21 (3) National Fire Protection Association (NFPA) 101, Life
22 Safety Code Handbook.
23 (4) National Fire Protection Association (NFPA) 99, Health
24 Care Facilities Code.
25 (b) The state department shall list the current version of each
26 publication described in subsection (a) being utilized by the state
27 department on the state department's website for at least one
28 hundred eighty (180) days before the state department may take
29 action using the new version.
30 SECTION 4. IC 16-27-2-3, AS AMENDED BY P.L.214-2013,
31 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (c), a
33 person may not operate a home health agency or a personal services
34 agency if the person has been convicted of any of the following:
35 (1) Rape (IC 35-42-4-1). A sex crime (IC 35-42-4).
36 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
37 (3) (2) Exploitation of an endangered adult (IC 35-46-1-12).
38 (4) (3) Failure to report battery, neglect, or exploitation of an
39 endangered adult (IC 35-46-1-13).
40 (5) (4) Theft, conversion, or receiving stolen property (IC
41 35-43-4), if the person's conviction for theft is a:
42 (A) felony conviction that occurred less than ten (10) years;
2025 IN 1457—LS 7490/DI 147 3
1 or
2 (B) misdemeanor conviction that occurred less than five (5)
3 years;
4 before the date of submission by the person of an application for
5 licensure as a home health agency under IC 16-27-1 or as a
6 personal services agency under IC 16-27-4.
7 (5) Identity deception (IC 35-43-5-3.5), if the conviction is a:
8 (A) felony conviction that occurred less than ten (10) years;
9 or
10 (B) misdemeanor conviction that occurred less than five (5)
11 years;
12 before the person's employment application date.
13 (6) Fraud (IC 35-43-5-4), if the conviction is a:
14 (A) felony conviction that occurred less than ten (10) years;
15 or
16 (B) misdemeanor conviction that occurred less than five (5)
17 years;
18 before the person's employment application date.
19 (7) Murder (IC 35-42-1-1).
20 (8) Voluntary manslaughter (IC 35-42-1-3).
21 (9) Except as provided in this section, a crime of violence (as
22 defined in IC 35-50-1-2), if the person's conviction occurred
23 less than ten (10) years before the person's employment
24 application date.
25 (10) Felony battery within the previous five (5) years.
26 (11) A felony offense relating to controlled substances within
27 the previous five (5) years.
28 (b) A person who knowingly or intentionally violates this section
29 commits a Class A misdemeanor.
30 (c) A person who:
31 (1) was operating a home health agency or a personal services
32 agency before July 1, 2025; and
33 (2) has a misdemeanor conviction under subsection (a)(4)(B)
34 or (a)(5)(B);
35 may continue to operate the home health agency or personal
36 services agency.
37 SECTION 5. IC 16-27-2-5, AS AMENDED BY P.L.142-2020,
38 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b), (c)
40 and (d), a person who operates a home health agency under IC 16-27-1
41 or a personal services agency under IC 16-27-4 may not employ a
42 person to provide services in a patient's or client's temporary or
2025 IN 1457—LS 7490/DI 147 4
1 permanent residence if one (1) or more of the following conditions
2 exist:
3 (1) that The person's national criminal history background check
4 or expanded criminal history check indicates that the person has
5 been convicted of any of the following:
6 (1) (A) Rape (IC 35-42-4-1). A sex crime (IC 35-42-4).
7 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
8 (3) (B) Exploitation of an endangered adult (IC 35-46-1-12).
9 (4) (C) Failure to report battery, neglect, or exploitation of an
10 endangered adult (IC 35-46-1-13).
11 (5) (D) Theft, conversion, or receiving stolen property (IC
12 35-43-4), if the conviction for theft is a:
13 (i) felony conviction that occurred less than ten (10) years;
14 or
15 (ii) misdemeanor conviction that occurred less than five
16 (5) years;
17 before the person's employment application date.
18 (E) Identity deception (IC 35-43-5-3.5), if the conviction is
19 a:
20 (i) felony conviction that occurred less than ten (10)
21 years; or
22 (ii) misdemeanor conviction that occurred less than five
23 (5) years;
24 before the person's employment application date.
25 (F) Fraud (IC 35-43-5-4), if the conviction is a:
26 (i) felony conviction that occurred less than ten (10)
27 years; or
28 (ii) misdemeanor conviction that occurred less than five
29 (5) years;
30 before the person's employment application date.
31 (G) Murder (IC 35-42-1-1).
32 (H) Voluntary manslaughter (IC 35-42-1-3).
33 (I) Except as provided in this section, a crime of violence
34 (as defined in IC 35-50-1-2), if the person's conviction
35 occurred less than ten (10) years before the person's
36 employment application date.
37 (J) Felony battery within the previous five (5) years.
38 (K) A felony offense relating to controlled substances
39 within the previous five (5) years.
40 (2) The person:
41 (A) has abused, neglected, or mistreated a patient or
42 misappropriated a patient's property; and
2025 IN 1457—LS 7490/DI 147 5
1 (B) had a finding entered into the state nurse aide registry.
2 (b) A person who knowingly or intentionally applies for a job as
3 a home health aide or other unlicensed employee at:
4 (1) a home health agency;
5 (2) a health care facility; or
6 (3) an entity in the business of contracting to provide home
7 health aides or other unlicensed employees for a health care
8 facility;
9 after a conviction of one (1) or more of the offenses listed in
10 subsection (a)(1) commits a Class A infraction.
11 (b) (c) A home health agency or personal services agency may not
12 employ a person to provide services in a patient's or client's temporary
13 or permanent residence for more than twenty-one (21) calendar days
14 without receipt of that person's national criminal history background
15 check or expanded criminal history check required by section 4 of this
16 chapter, unless the state police department, the Federal Bureau of
17 Investigation under IC 10-13-3-39, or the private agency providing the
18 expanded criminal history check is responsible for failing to provide
19 the person's national criminal history background check or expanded
20 criminal history check to the home health agency or personal services
21 agency within the time required under this subsection.
22 (d) A home health agency or personal services agency may
23 continue to employ a person to provide services in a patient's or
24 client's temporary or permanent residence if the person:
25 (1) has a misdemeanor conviction under subsection
26 (a)(1)(D)(ii) or (a)(1)(E)(ii); and
27 (2) was employed by the home health agency or personal
28 services agency to provide services described in this
29 subsection before July 1, 2025.
30 SECTION 6. IC 16-27-2-5.5 IS ADDED TO THE INDIANA CODE
31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2025]: Sec. 5.5. (a) If a home health agency or a personal services
33 agency has knowledge of a conviction of an employee of the health
34 care facility that would indicate unfitness for service as a home
35 health aide, other unlicensed employee, or other health care
36 professional, the health care facility shall report the information to
37 the state nurse aide registry or the appropriate licensing authority.
38 (b) The state department shall:
39 (1) investigate any report that a home health aide has been
40 convicted of a crime described in section 5(a) of this chapter;
41 and
42 (2) remove the home health aide from the state nurse aide
2025 IN 1457—LS 7490/DI 147 6
1 registry with an appropriate notation indicating the reason
2 the home health aide was removed from the registry,
3 providing notice and appeal rights as required by IC 4-21.5.
4 SECTION 7. IC 16-28-13-3 IS AMENDED TO READ AS
5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Except as
6 provided in subsection (c), a health care facility or an entity in the
7 business of contracting to provide nurse aides or other unlicensed
8 employees for a health care facility may not knowingly employ a
9 person as a nurse aide or other unlicensed employee if one (1) or more
10 of the following conditions exist:
11 (1) The person has been convicted of any of the following:
12 (A) A sex crime (IC 35-42-4).
13 (B) Exploitation of an endangered adult (IC 35-46-1-12).
14 (C) Failure to report battery, neglect, or exploitation of an
15 endangered adult (IC 35-46-1-13).
16 (D) Theft, conversion, or receiving stolen property (IC
17 35-43-4), if the person's conviction for theft is a:
18 (i) felony conviction that occurred less than ten (10)
19 years; or
20 (ii) misdemeanor conviction that occurred less than five
21 (5) years;
22 before the individual's employment application date. except as
23 provided in IC 16-27-2-5(a)(5).
24 (E) Identity deception (IC 35-43-5-3.5), if the conviction is
25 a:
26 (i) felony conviction that occurred less than ten (10)
27 years; or
28 (ii) misdemeanor conviction that occurred less than five
29 (5) years;
30 before the person's employment application date.
31 (F) Fraud (IC 35-43-5-4), if the conviction is a:
32 (i) felony conviction that occurred less than ten (10)
33 years; or
34 (ii) misdemeanor conviction that occurred less than five
35 (5) years;
36 before the person's employment application date.
37 (E) (G) Murder (IC 35-42-1-1).
38 (F) (H) Voluntary manslaughter (IC 35-42-1-3).
39 (G) (I) Involuntary manslaughter (IC 35-42-1-4) within the
40 previous five (5) years. Except as provided in this section, a
41 crime of violence (as defined in IC 35-50-1-2), if the
42 person's conviction occurred less than ten (10) years before
2025 IN 1457—LS 7490/DI 147 7
1 the individual's employment application date.
2 (H) (J) Felony battery within the previous five (5) years.
3 (I) (K) A felony offense relating to controlled substances
4 within the previous five (5) years.
5 (2) The person:
6 (A) has abused, neglected, or mistreated a patient or
7 misappropriated a patient's property; and
8 (B) had a finding entered into the state nurse aide registry.
9 (b) A person who knowingly or intentionally applies for a job as a
10 nurse aide or other unlicensed employee at:
11 (1) a health care facility; or
12 (2) an entity in the business of contracting to provide nurse aides
13 or other unlicensed employees for a health care facility;
14 after a conviction of one (1) or more of the offenses listed in subsection
15 (a)(1) commits a Class A infraction.
16 (c) A health care facility or entity described in subsection (a)
17 may continue to employ a person as a nurse aide or other
18 unlicensed employee if the person or employee:
19 (1) has a misdemeanor conviction under subsection
20 (a)(1)(D)(ii) or (a)(1)(E)(ii); and
21 (2) was employed by the health care facility or entity before
22 July 1, 2025.
23 SECTION 8. IC 16-28-13-12 IS AMENDED TO READ AS
24 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) If a health care
25 facility has knowledge of a conviction of an employee of the health
26 care facility that would indicate unfitness for service as a nurse aide,
27 other unlicensed employee, or other health care professional (as
28 defined by IC 16-27-2-1), the health care facility shall report the
29 information to the state nurse aide registry or the appropriate licensing
30 authority.
31 (b) The state department shall:
32 (1) investigate any report that a nurse aide has been convicted
33 of a crime described in section 3(a) of this chapter; and
34 (2) remove the nurse aide from the nurse aide registry with an
35 appropriate notation indicating the reason the nurse aide was
36 removed from the registry, providing notice and appeal rights
37 as required by IC 4-21.5.
38 SECTION 9. IC 16-35-1.5-4 IS AMENDED TO READ AS
39 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. As used in this
40 chapter, "WIC vendor" means the individual, partnership, limited
41 partnership, or corporation that has:
42 (1) entered into a WIC vendor agreement; and
2025 IN 1457—LS 7490/DI 147 8
1 (2) been authorized by the state department to accept a food
2 instrument and provide supplemental food to a WIC participant.
3 SECTION 10. IC 16-35-1.5-4.5 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2025]: Sec. 4.5. As used in this chapter,
6 "WIC vendor agreement" means an agreement between a WIC
7 vendor and the WIC program that:
8 (1) complies with 7 CFR 246.12; and
9 (2) sets forth the requirements the WIC vendor must meet in
10 order to redeem WIC food instruments.
11 SECTION 11. IC 16-35-1.5-5.5 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2025]: Sec. 5.5. (a) The state department
14 shall select a WIC vendor based on vendor selection criteria set
15 forth in 7 CFR 246.12.
16 (b) The state department shall do the following:
17 (1) Review the vendor selection criteria annually.
18 (2) Include the vendor selection criteria in the WIC state plan
19 in accordance with 7 CFR 246.4(a)(14)(ii).
20 (3) Publish the vendor selection criteria on the state
21 department's website.
22 SECTION 12. IC 16-35-1.5-6 IS AMENDED TO READ AS
23 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. The state department
24 shall adopt rules under IC 4-22-2 specifying a system of civil penalties
25 and other sanctions for failure to comply with a WIC vendor contract
26 agreement under the WIC program or federal regulations under 7 CFR
27 246. The severity of a sanction must be consistent with the type and
28 frequency of the violation, and may include suspension or termination
29 from the WIC program and civil penalties.
30 SECTION 13. IC 16-37-1-3.1, AS AMENDED BY P.L.56-2023,
31 SECTION 155, IS AMENDED TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2025]: Sec. 3.1. (a) The state department shall
33 establish the Indiana birth registration system (IBRS) for recording in
34 an electronic format live births in Indiana.
35 (b) The state department shall establish the Indiana death
36 registration system (IDRS) for recording in an electronic format deaths
37 in Indiana.
38 (c) Submission of records on births and deaths shall be entered by:
39 (1) funeral directors;
40 (2) physicians;
41 (3) coroners;
42 (4) medical examiners;
2025 IN 1457—LS 7490/DI 147 9
1 (5) persons in attendance at birth;
2 (6) local health departments; and
3 (7) for purposes of records on death:
4 (A) physician assistants; or
5 (B) advanced practice registered nurses;
6 using the electronic system created by the state department under this
7 section.
8 (d) A person in attendance at a live birth shall report a birth to the
9 local health officer in accordance with IC 16-37-2-2.
10 (e) Except as provided in subsection subsections (f) and (g), death
11 records shall be submitted as follows, using the Indiana death
12 registration system:
13 (1) The:
14 (A) physician last in attendance upon the deceased;
15 (B) physician assistant last in attendance upon the deceased;
16 (C) advanced practice registered nurse last in attendance upon
17 the deceased; or
18 (D) person in charge of interment;
19 shall initiate the document process. If the person in charge of
20 interment initiates the process, the person in charge of interment
21 shall electronically submit the certificate required under
22 IC 16-37-3-5 to the physician, the physician assistant, or the
23 advanced practice registered nurse last in attendance upon the
24 deceased not later than five (5) days after the death.
25 (2) The physician, the physician assistant, or the advanced
26 practice registered nurse last in attendance upon the deceased
27 shall electronically certify to the local health department the cause
28 of death on the certificate of death not later than five (5) days
29 after:
30 (A) initiating the document process; or
31 (B) receiving under IC 16-37-3-5 the electronic notification
32 from the person in charge of interment.
33 (3) The local health officer shall submit the reports required under
34 IC 16-37-1-5 to the state department not later than five (5) days
35 after electronically receiving under IC 16-37-3-5 the completed
36 certificate of death from the physician, the physician assistant, or
37 the advanced practice registered nurse last in attendance.
38 (f) If the IBRS or IDRS is unavailable for more than forty-eight (48)
39 hours, the state registrar may issue a notice permitting the filing of a
40 paper record of a live birth, a death, or both, subject to the following:
41 (1) The notice issued by the state registrar must contain a time
42 frame for which the notice is in effect and when the notice
2025 IN 1457—LS 7490/DI 147 10
1 expires. However, the notice automatically expires if the state
2 department notifies the local health officers that the IBRS or
3 IDRS is available, the notice has expired, and that all future
4 submissions must use the IBRS or IDRS.
5 (2) Paper records may not be accepted by the local health
6 department or the state department on the earlier of the following:
7 (A) The expiration date listed in the notice or the expiration
8 listed in a renewal notice described in subdivision (3).
9 (B) The state department notifies the local health officers
10 when the IBRS or IDRS becomes available.
11 (3) The notice may be renewed by the state registrar until the
12 IBRS or IDRS becomes available.
13 (4) Once the IBRS or IDRS becomes available, the local health
14 officer shall enter the information contained in the paper record
15 into the IBRS or IDRS.
16 (g) This subsection applies to the submission of a death record
17 of a stillbirth. The:
18 (1) physician last in attendance upon the deceased;
19 (2) physician assistant last in attendance upon the deceased;
20 or
21 (3) advanced practice registered nurse last in attendance upon
22 the deceased;
23 shall initiate the document process unless the physician, physician
24 assistant, or advanced practice registered nurse was not present
25 upon the deceased.
26 SECTION 14. IC 16-39-2-6, AS AMENDED BY P.L.137-2021,
27 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 6. (a) Without the consent of the patient, the
29 patient's mental health record may only be disclosed as follows:
30 (1) To individuals who meet the following conditions:
31 (A) Are employed by:
32 (i) the provider at the same facility or agency;
33 (ii) a managed care provider (as defined in IC 12-7-2-127);
34 or
35 (iii) a health care provider or mental health care provider, if
36 the mental health records are needed to provide health care
37 or mental health services to the patient.
38 (B) Are involved in the planning, provision, and monitoring of
39 services.
40 (2) To the extent necessary to obtain payment for services
41 rendered or other benefits to which the patient may be entitled, as
42 provided in IC 16-39-5-3.
2025 IN 1457—LS 7490/DI 147 11
1 (3) To the patient's court appointed counsel and to the Indiana
2 protection and advocacy services commission.
3 (4) For research conducted in accordance with IC 16-39-5-3 and
4 the rules of the division of mental health and addiction, the rules
5 of the division of disability and rehabilitative services, the rules
6 of the provider, or the rules of the Indiana archives and records
7 administration and the oversight committee on public records.
8 (5) To the division of mental health and addiction for the purpose
9 of data collection, research, and monitoring managed care
10 providers (as defined in IC 12-7-2-127) who are operating under
11 a contract with the division of mental health and addiction.
12 (6) To the extent necessary to make reports or give testimony
13 required by the statutes pertaining to admissions, transfers,
14 discharges, and guardianship proceedings.
15 (7) To a law enforcement agency if any of the following
16 conditions are met:
17 (A) A patient escapes from a facility to which the patient is
18 committed under IC 12-26.
19 (B) The superintendent of the facility determines that failure
20 to provide the information may result in bodily harm to the
21 patient or another individual.
22 (C) A patient commits or threatens to commit a crime on
23 facility premises or against facility personnel.
24 (D) A patient is in the custody of a law enforcement officer or
25 agency for any reason and:
26 (i) the information to be released is limited to medications
27 currently prescribed for the patient or to the patient's history
28 of adverse medication reactions; and
29 (ii) the provider determines that the release of the
30 medication information will assist in protecting the health,
31 safety, or welfare of the patient.
32 Mental health records released under this clause must be
33 maintained in confidence by the law enforcement agency
34 receiving them.
35 (8) To a coroner or medical examiner, in the performance of the
36 individual's duties.
37 (9) To a school in which the patient is enrolled if the
38 superintendent of the facility determines that the information will
39 assist the school in meeting educational needs of the patient.
40 (10) To the extent necessary to satisfy reporting requirements
41 under the following statutes:
42 (A) IC 12-10-3-10.
2025 IN 1457—LS 7490/DI 147 12
1 (B) IC 12-24-17-5.
2 (C) IC 16-41-2-3.
3 (D) IC 16-49-3-3.
4 (E) IC 16-49-4-5.
5 (F) IC 16-49-6-6.
6 (G) IC 16-49.5-2-6.
7 (D) (H) IC 16-50-1-8.
8 (E) (I) IC 31-25-3-2.
9 (F) (J) IC 31-33-5-4.
10 (G) (K) IC 34-30-16-2.
11 (H) (L) IC 35-46-1-13.
12 (11) To the extent necessary to satisfy release of information
13 requirements under the following statutes:
14 (A) IC 12-24-11-2.
15 (B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
16 (C) IC 12-26-11.
17 (12) To another health care provider in a health care emergency.
18 (13) For legitimate business purposes as described in
19 IC 16-39-5-3.
20 (14) Under a court order under IC 16-39-3.
21 (15) With respect to records from a mental health or
22 developmental disability facility, to the United States Secret
23 Service if the following conditions are met:
24 (A) The request does not apply to alcohol or drug abuse
25 records described in 42 U.S.C. 290dd-2 unless authorized by
26 a court order under 42 U.S.C. 290dd-2(b)(2)(c).
27 (B) The request relates to the United States Secret Service's
28 protective responsibility and investigative authority under 18
29 U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
30 (C) The request specifies an individual patient.
31 (D) The director or superintendent of the facility determines
32 that disclosure of the mental health record may be necessary
33 to protect a person under the protection of the United States
34 Secret Service from serious bodily injury or death.
35 (E) The United States Secret Service agrees to only use the
36 mental health record information for investigative purposes
37 and not disclose the information publicly.
38 (F) The mental health record information disclosed to the
39 United States Secret Service includes only:
40 (i) the patient's name, age, and address;
41 (ii) the date of the patient's admission to or discharge from
42 the facility; and
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1 (iii) any information that indicates whether or not the patient
2 has a history of violence or presents a danger to the person
3 under protection.
4 (16) To the statewide waiver ombudsman established under
5 IC 12-11-13, in the performance of the ombudsman's duties.
6 (b) If a licensed mental health professional, a licensed paramedic,
7 a representative of a mobile integrated healthcare program (as
8 described in IC 16-31-12), or a representative of a mental health
9 community paramedicine program in the course of rendering a
10 treatment intervention, determines that a patient may be a harm to
11 himself or herself or others, the licensed mental health professional, the
12 licensed paramedic, the representative of the mobile integrated
13 healthcare program (as described in IC 16-31-12), or the representative
14 of the mental health community paramedicine program may request a
15 patient's individualized mental health safety plan from a psychiatric
16 crisis center, psychiatric inpatient unit, or psychiatric residential
17 treatment provider. Each psychiatric crisis center, psychiatric inpatient
18 unit, and psychiatric residential treatment provider shall, upon request
19 and without the consent of the patient, share a patient's individualized
20 mental health safety plan that is in the standard format established by
21 the division of mental health and addiction under IC 12-21-5-6 with the
22 following individuals who demonstrate proof of licensure and commit
23 to protecting the information in compliance with state and federal
24 privacy laws:
25 (1) A licensed mental health professional.
26 (2) A licensed paramedic.
27 (3) A representative of a mobile integrated healthcare program (as
28 described in IC 16-31-12).
29 (4) A representative of a mental health community paramedicine
30 program.
31 An individualized mental health safety plan disclosed under this
32 subsection may be used only to support a patient's welfare and safety
33 and is considered otherwise confidential information under applicable
34 state and federal laws.
35 (c) After information is disclosed under subsection (a)(15) and if the
36 patient is evaluated to be dangerous, the records shall be interpreted in
37 consultation with a licensed mental health professional on the staff of
38 the United States Secret Service.
39 (d) A person who discloses information under subsection (a)(7),
40 (a)(15), or (b) in good faith is immune from civil and criminal liability.
41 SECTION 15. IC 16-41-43-2.5, AS AMENDED BY P.L.93-2024,
42 SECTION 135, IS AMENDED TO READ AS FOLLOWS
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1 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) The state department shall
2 approve courses concerning allergies and the administration of
3 auto-injectable epinephrine that are offered by an approved
4 organization (as defined in IC 25-1-4-0.2). meet criteria established
5 by the state department.
6 (b) The state department shall do the following:
7 (1) Publish and maintain, on its website, the following:
8 (A) The criteria established by the state department under
9 subsection (a).
10 (B) A list of all approved courses.
11 (2) Prescribe the certification process for the course described in
12 subsection (a).
13 (3) Revoke the certification of an organization that fails to comply
14 with any certification prerequisite approval of a course if it does
15 not comply with the criteria specified by the state department.
16 (c) A person who successfully completes a certified course shall
17 receive a certificate of completion issued by the entity providing the
18 course. The state department may contract with a third party for the
19 purpose of creating or manufacturing the certificate of completion,
20 which must meet the requirements set forth in subsection (d).
21 (d) A certificate of completion issued under subsection (c) must:
22 (1) have dimensions that permit the certificate of completion to be
23 carried in a wallet; and
24 (2) display the following information:
25 (A) The first and last name of the person.
26 (B) The first and last name of the course instructor.
27 (C) The name of the entity responsible for providing the
28 course, if applicable.
29 (D) The date the course described in subsection (a) was
30 completed.
31 (E) Any other information required by the state department.
32 (e) The state department may adopt rules under IC 4-22-2 to
33 implement this section.
34 SECTION 16. IC 16-49-4-2, AS ADDED BY P.L.119-2013,
35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 2. The statewide child fatality review committee
37 consists of the following members appointed by the governor:
38 (1) A coroner or deputy coroner.
39 (2) A representative from the state department who:
40 (A) is a licensed physician; and or
41 (B) specializes in injury prevention.
42 (3) A representative of a:
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1 (A) local health department established under IC 16-20-2; or
2 (B) multiple county health department established under
3 IC 16-20-3.
4 (4) A pediatrician.
5 (5) A representative of law enforcement who has experience in
6 investigating child deaths.
7 (6) A representative from an emergency medical services
8 provider.
9 (7) The director or a representative of the department of child
10 services.
11 (8) A representative of a prosecuting attorney who has experience
12 in prosecuting child abuse.
13 (9) A pathologist who is:
14 (A) certified by the American Board of Pathology in forensic
15 pathology; and
16 (B) licensed to practice medicine in Indiana.
17 (10) A mental health provider.
18 (11) A representative of a child abuse prevention program.
19 (12) A representative of the department of education.
20 (13) An epidemiologist.
21 (14) The state child fatality review coordinator.
22 (15) At the discretion of the department of child services
23 ombudsman, a representative of the office of the department of
24 child services ombudsman established by IC 4-13-19-3.
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