*EH1457.1*
March 28, 2025
ENGROSSED
HOUSE BILL No. 1457
_____
DIGEST OF HB 1457 (Updated March 26, 2025 4:35 pm - DI 104)
Citations Affected: IC 4-15; IC 16-18; IC 16-19; IC 16-21; IC 16-27;
IC 16-28; IC 16-35; IC 16-37; IC 16-39; IC 16-41; IC 16-49; IC 16-50;
IC 35-52.
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.
Specifies: (1) fee schedules for clinical and nonclinical tests; and (2)
reimbursement rates for specified laboratory certifications; performed
by the state health laboratory. Establishes the state health laboratory
fund. Specifies conditions for the use of updated publications for
design enforcement by the state department in the regulation of
(Continued next page)
Effective: July 1, 2025.
Barrett, King, Lopez,
Garcia Wilburn
(SENATE SPONSOR — CHARBONNEAU)
January 21, 2025, read first time and referred to Committee on Public Health.
February 11, 2025, amended, reported — Do Pass.
February 13, 2025, read second time, ordered engrossed.
February 14, 2025, engrossed.
February 17, 2025, read third time, passed. Yeas 96, nays 0.
SENATE ACTION
March 3, 2025, read first time and referred to Committee on Health and Provider Services.
March 27, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
EH 1457—LS 7490/DI 147 Digest Continued
hospitals and ambulatory outpatient surgical centers. 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 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. Removes the expiration of the statewide
maternal mortality review committee. Amends the membership of the
statewide child fatality review committee. Repeals language
concerning certain fees for testing water. Repeals a penalty concerning
the crime of transferring contaminated semen in Title 16. (Current law
contains a similar penalty in Title 35).
EH 1457—LS 7490/DI 147EH 1457—LS 7490/DI 147 March 28, 2025
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.
ENGROSSED
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
EH 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 16-19-5-1, AS AMENDED BY P.L.143-2022,
13 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 1. (a) In addition to other fees provided by this
15 title, the state department may establish and collect reasonable fees for
16 specific services described under subsection (b) provided by the state
17 department. The fees may not exceed the cost of services provided.
18 (b) Fees may be charged for the following services:
19 (1) Plan reviews conducted under rules adopted under
20 IC 16-19-3-4(b)(13).
21 (2) Licensing of agricultural labor camps under IC 16-41-26.
22 (3) Services provided to persons other than governmental entities
23 under rules adopted under IC 16-19-3-4(d).
24 (4) Services provided by the state health laboratory under
25 IC 16-19-8.
26 (5) (4) Services provided under IC 24-6 by the state metrology
27 laboratory.
28 SECTION 4. IC 16-19-5-4, AS AMENDED BY P.L.143-2022,
29 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2025]: Sec. 4. (a) The weights and measures fund is
31 established for the purpose of providing funds for training and
32 equipment for weights and measures inspectors and the state metrology
33 laboratory. The state department shall administer the fund.
34 (b) The fund consists of fees collected under section 1(b)(5) 1(b)(4)
35 of this chapter.
36 (c) Money in the fund at the end of a state fiscal year does not revert
37 to the state general fund.
38 SECTION 5. IC 16-19-8-2, AS AMENDED BY P.L.143-2022,
39 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 2. (a) The state health laboratory shall be located
41 in Indianapolis and shall be used to:
42 (1) analyze foods and drugs for the purpose of enforcing the pure
EH 1457—LS 7490/DI 147 3
1 food and drug laws;
2 (2) perform sanitary analyses, pathological examinations, and
3 studies in hygiene and preventive medicine; and
4 (3) support public health activities;
5 to aid in the enforcement of the health laws and for no other purpose.
6 (b) All work done in the state health laboratory must be done
7 exclusively and entirely for the public benefit.
8 (c) The state department may establish fee schedules and charges
9 for services provided by the state health laboratory. The fee schedules
10 must be based on the following:
11 (1) For clinical tests:
12 (A) the Medicare reimbursement rate for the test; or
13 (B) if there is not a Medicare reimbursement rate for the
14 test, the Medicaid reimbursement rate for the test.
15 (2) For nonclinical tests, the cost of the test, including staff
16 time, equipment, consumables, mailing, transport, and the
17 depreciation of the equipment.
18 However, the state department may charge a reduced fee for a test
19 provided for a local health department.
20 SECTION 6. IC 16-19-8-4 IS ADDED TO THE INDIANA CODE
21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
22 1, 2025]: Sec. 4. (a) The state health laboratory fund is established
23 for the purpose of funding state health laboratory services,
24 including the cost of:
25 (1) staff;
26 (2) equipment;
27 (3) consumables;
28 (4) mailing;
29 (5) transport; and
30 (6) equipment depreciation.
31 (b) The fund consists of fees collected under the following:
32 (1) Section 2(c) of this chapter.
33 (2) IC 16-19-9-3.
34 (c) The expenses of administering the fund shall be paid from
35 money in the fund.
36 (d) Money in the fund at the end of a state fiscal year does not
37 revert to the state general fund.
38 SECTION 7. IC 16-19-9-3 IS ADDED TO THE INDIANA CODE
39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
40 1, 2025]: Sec. 3. (a) The state health laboratory may charge fees for
41 laboratory certifications performed under section 1 of this chapter.
42 (b) The fees for drinking water laboratory certification for
EH 1457—LS 7490/DI 147 4
1 laboratories in Indiana are as follows:
2 (1) Three hundred dollars ($300) for microbiology only
3 certification.
4 (2) Three hundred dollars ($300) for limited chemistry
5 (metals and inorganics) only certification.
6 (3) Five hundred dollars ($500) for both microbiology and
7 limited chemistry certification.
8 (4) Eight hundred dollars ($800) for extended chemistry
9 (metals, inorganics, and organics) only certification.
10 (5) One thousand dollars ($1,000) for both microbiology and
11 extended chemistry certification.
12 (c) The fees for drinking water laboratory certification for
13 laboratories outside of Indiana are as follows:
14 (1) One thousand five hundred dollars ($1,500) for
15 microbiology reciprocal certification.
16 (2) One thousand five hundred dollars ($1,500) for chemistry,
17 including asbestos, reciprocal certification.
18 (d) The fees collected under this section shall be deposited in the
19 state health laboratory fund established by IC 16-19-8-4.
20 SECTION 8. IC 16-21-2-12.5 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2025]: Sec. 12.5. (a) Except as provided in
23 subsections (d) and (e), in regulating the licensure of hospitals and
24 ambulatory outpatient surgical centers under this article, the state
25 department shall use the following for purposes of enforcement:
26 (1) The most recent published version of the Facility
27 Guidelines Institute (FGI) Guidelines for Design and
28 Construction of Hospitals, except to the extent the guidelines
29 conflict with subdivision (3) or (4).
30 (2) The most recent published version of the Facility
31 Guidelines Institute (FGI) Guidelines for Design and
32 Construction of Outpatient Facilities, except to the extent the
33 guidelines conflict with subdivision (3) or (4).
34 (3) The National Fire Protection Association (NFPA) 101, Life
35 Safety Code Handbook and Tentative Interim Amendments
36 (TIAs), as adopted by the federal Centers for Medicare and
37 Medicaid Services regulations, as part of the Conditions of
38 Participation for Medicare and Medicaid.
39 (4) The National Fire Protection Association (NFPA) 99,
40 Health Care Facilities Code Handbook and Tentative Interim
41 Amendments (TIAs), as adopted by the federal Centers for
42 Medicare and Medicaid Services regulations, as part of the
EH 1457—LS 7490/DI 147 5
1 Conditions of Participation for Medicare and Medicaid.
2 (b) The state department shall list the version of each
3 publication described in subsection (a) being utilized by the state
4 department on the state department's website.
5 (c) The state department shall meet the following requirements
6 when a new version of a publication described in subsection (a)(1)
7 and (a)(2) is published:
8 (1) Not later than ninety (90) days from the publication of the
9 new version, post a notice of the publication on the state
10 department's website, stating the state department's intent to
11 adopt the new version.
12 (2) Set forth as part of the notice a date that is:
13 (A) not earlier than two hundred seventy (270) days; and
14 (B) not later than three hundred sixty (360) days;
15 from the posting of the notice in which the state department
16 may take action using the new version of the publication.
17 (d) The following apply for a plan review submitted to the state
18 department concerning the construction, renovation, or addition
19 to a hospital or ambulatory outpatient surgical center:
20 (1) For a plan review submitted before July 1, 2025, the state
21 department shall utilize, for purposes of enforcement, the
22 version of each publication described in subsection (a) that
23 was in effect at the time the plan review was submitted.
24 (2) For a plan review submitted on July 1, 2025, and
25 thereafter, the state department shall utilize, for purposes of
26 enforcement, the version of each publication that was in place
27 on the date that the plan review was submitted and complying
28 with the limitations set forth in subsection (c)(2).
29 (e) The following are void:
30 (1) 410 IAC 15-1.5-8(c)(1).
31 (2) 410 IAC 15-1.5-8(c)(3).
32 (3) 410 IAC 15-2.5-7(a)(4)(A).
33 (4) 410 IAC 15-2.5-7(a)(4)(C).
34 The publisher of the Indiana Code and Indiana Register shall
35 remove these provisions from the Indiana Administrative Code.
36 SECTION 9. IC 16-27-2-3, AS AMENDED BY P.L.214-2013,
37 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (c), a
39 person may not operate a home health agency or a personal services
40 agency if the person has been convicted of any of the following:
41 (1) Rape (IC 35-42-4-1). A sex crime (IC 35-42-4).
42 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
EH 1457—LS 7490/DI 147 6
1 (3) (2) Exploitation of an endangered adult (IC 35-46-1-12).
2 (4) (3) Failure to report battery, neglect, or exploitation of an
3 endangered adult (IC 35-46-1-13).
4 (5) (4) Theft, conversion, or receiving stolen property
5 (IC 35-43-4), if the person's conviction for theft is a:
6 (A) felony conviction that occurred less than ten (10) years;
7 or
8 (B) misdemeanor conviction that occurred less than five (5)
9 years;
10 before the date of submission by the person of an application for
11 licensure as a home health agency under IC 16-27-1 or as a
12 personal services agency under IC 16-27-4.
13 (5) Identity deception (IC 35-43-5-3.5), 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 (6) Fraud (IC 35-43-5-4), if the conviction is a:
20 (A) felony conviction that occurred less than ten (10) years;
21 or
22 (B) misdemeanor conviction that occurred less than five (5)
23 years;
24 before the person's employment application date.
25 (7) Murder (IC 35-42-1-1).
26 (8) Voluntary manslaughter (IC 35-42-1-3).
27 (9) Except as provided in this section, a crime of violence (as
28 defined in IC 35-50-1-2), if the person's conviction occurred
29 less than ten (10) years before the person's employment
30 application date.
31 (10) Felony battery within the previous five (5) years.
32 (11) A felony offense relating to controlled substances within
33 the previous five (5) years.
34 (b) A person who knowingly or intentionally violates this section
35 commits a Class A misdemeanor.
36 (c) A person who:
37 (1) was operating a home health agency or a personal services
38 agency before July 1, 2025; and
39 (2) has a misdemeanor conviction under subsection (a)(4)(B)
40 or (a)(5)(B);
41 may continue to operate the home health agency or personal
42 services agency.
EH 1457—LS 7490/DI 147 7
1 SECTION 10. IC 16-27-2-5, AS AMENDED BY P.L.142-2020,
2 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b),
4 subsections (c) and (d), a person who operates a home health agency
5 under IC 16-27-1 or a personal services agency under IC 16-27-4 may
6 not employ a person to provide services in a patient's or client's
7 temporary or permanent residence if one (1) or more of the following
8 conditions exist:
9 (1) that The person's national criminal history background check
10 or expanded criminal history check indicates that the person has
11 been convicted of any of the following:
12 (1) (A) Rape (IC 35-42-4-1). A sex crime (IC 35-42-4).
13 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
14 (3) (B) Exploitation of an endangered adult (IC 35-46-1-12).
15 (4) (C) Failure to report battery, neglect, or exploitation of an
16 endangered adult (IC 35-46-1-13).
17 (5) (D) Theft, conversion, or receiving stolen property
18 (IC 35-43-4), if the conviction for theft is a:
19 (i) felony conviction that occurred less than ten (10) years;
20 or
21 (ii) misdemeanor conviction that occurred less than five
22 (5) years;
23 before the person's employment application date.
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 (G) Murder (IC 35-42-1-1).
38 (H) Voluntary manslaughter (IC 35-42-1-3).
39 (I) Except as provided in this section, a crime of violence
40 (as defined in IC 35-50-1-2), if the person's conviction
41 occurred less than ten (10) years before the person's
42 employment application date.
EH 1457—LS 7490/DI 147 8
1 (J) Felony battery within the previous five (5) years.
2 (K) A felony offense relating to controlled substances
3 within the previous five (5) years.
4 (2) The person:
5 (A) has abused, neglected, or mistreated a patient or
6 misappropriated a patient's property; and
7 (B) had a finding entered into the state nurse aide registry.
8 (b) A person who knowingly or intentionally applies for a job as
9 a home health aide or other unlicensed employee at:
10 (1) a home health agency;
11 (2) a health care facility; or
12 (3) an entity in the business of contracting to provide home
13 health aides or other unlicensed employees for a health care
14 facility;
15 after a conviction of one (1) or more of the offenses listed in
16 subsection (a)(1) commits a Class A infraction.
17 (b) (c) A home health agency or personal services agency may not
18 employ a person to provide services in a patient's or client's temporary
19 or permanent residence for more than twenty-one (21) calendar days
20 without receipt of that person's national criminal history background
21 check or expanded criminal history check required by section 4 of this
22 chapter, unless the state police department, the Federal Bureau of
23 Investigation under IC 10-13-3-39, or the private agency providing the
24 expanded criminal history check is responsible for failing to provide
25 the person's national criminal history background check or expanded
26 criminal history check to the home health agency or personal services
27 agency within the time required under this subsection.
28 (d) A home health agency or personal services agency may
29 continue to employ a person to provide services in a patient's or
30 client's temporary or permanent residence if the person:
31 (1) has a misdemeanor conviction under subsection
32 (a)(1)(D)(ii) or (a)(1)(E)(ii); and
33 (2) was employed by the home health agency or personal
34 services agency to provide services described in this
35 subsection before July 1, 2025.
36 SECTION 11. IC 16-27-2-5.5 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2025]: Sec. 5.5. (a) If a home health agency
39 or a personal services agency has knowledge of a conviction of an
40 employee of the home health agency or personal services agency
41 that would indicate unfitness for service as a home health aide,
42 other unlicensed employee, or other health care professional, the
EH 1457—LS 7490/DI 147 9
1 home health agency or personal services agency shall report the
2 information to the state nurse aide registry or the appropriate
3 licensing authority.
4 (b) The state department shall:
5 (1) investigate any report that a home health aide has been
6 convicted of a crime described in section 5(a) of this chapter;
7 and
8 (2) remove the home health aide from the state nurse aide
9 registry with an appropriate notation indicating the reason
10 the home health aide was removed from the registry,
11 providing notice and appeal rights as required by IC 4-21.5.
12 SECTION 12. IC 16-28-13-3 IS AMENDED TO READ AS
13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A health care
14 facility or an entity in the business of contracting to provide nurse aides
15 or other unlicensed employees for a health care facility may not
16 knowingly employ a person as a nurse aide or other unlicensed
17 employee if one (1) or more of the following conditions exist:
18 (1) The person has been convicted of any of the following:
19 (A) A sex crime (IC 35-42-4).
20 (B) Exploitation of an endangered adult (IC 35-46-1-12).
21 (C) Failure to report battery, neglect, or exploitation of an
22 endangered adult (IC 35-46-1-13).
23 (D) A felony offense relating to theft, conversion, or
24 receiving stolen property (IC 35-43-4), if the person's
25 conviction for theft, conversion, or receiving stolen property
26 occurred less than five (5) years before the individual's
27 employment application date. except as provided in
28 IC 16-27-2-5(a)(5).
29 (E) Identity deception (IC 35-43-5-3.5), if the conviction is
30 a felony conviction that occurred less than five (5) years
31 before the person's employment application date.
32 (F) Fraud (IC 35-43-5-4), if the conviction is a felony
33 conviction that occurred less than five (5) years before the
34 person's employment application date.
35 (E) (G) Murder (IC 35-42-1-1).
36 (F) (H) Voluntary manslaughter (IC 35-42-1-3).
37 (G) Involuntary manslaughter (IC 35-42-1-4) within the
38 previous five (5) years. (I) Except as otherwise specified in
39 this section, a crime of violence (as defined in
40 IC 35-50-1-2), if the person's conviction occurred less than
41 ten (10) years before the person's employment application
42 date.
EH 1457—LS 7490/DI 147 10
1 (H) (J) Felony battery within the previous five (5) years.
2 (I) (K) A felony offense relating to controlled substances
3 within the previous five (5) years.
4 (2) The person:
5 (A) has abused, neglected, or mistreated a patient or
6 misappropriated a patient's property; and
7 (B) had a finding entered into the state nurse aide registry
8 under IC 25-23-2.
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 SECTION 13. IC 16-28-13-12 IS AMENDED TO READ AS
17 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) If a health care
18 facility has knowledge of a conviction of an employee of the health
19 care facility that would indicate unfitness for service as a nurse aide,
20 other unlicensed employee, or other health care professional (as
21 defined by IC 16-27-2-1), the health care facility shall report the
22 information to the state nurse aide registry or the appropriate licensing
23 authority.
24 (b) The state department shall:
25 (1) investigate any report that a nurse aide has been convicted
26 of a crime described in section 3(a) of this chapter; and
27 (2) remove the nurse aide from the nurse aide registry with an
28 appropriate notation indicating the reason the nurse aide was
29 removed from the registry, providing notice and appeal rights
30 as required by IC 4-21.5.
31 SECTION 14. IC 16-35-1.5-4 IS AMENDED TO READ AS
32 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. As used in this
33 chapter, "WIC vendor" means the individual, partnership, limited
34 partnership, or corporation that has:
35 (1) entered into a WIC vendor agreement; and
36 (2) been authorized by the state department to accept a food
37 instrument and provide supplemental food to a WIC participant.
38 SECTION 15. IC 16-35-1.5-4.5 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2025]: Sec. 4.5. As used in this chapter,
41 "WIC vendor agreement" means an agreement between a WIC
42 vendor and the WIC program that:
EH 1457—LS 7490/DI 147 11
1 (1) complies with 7 CFR 246.12; and
2 (2) sets forth the requirements the WIC vendor must meet in
3 order to redeem WIC food instruments.
4 SECTION 16. IC 16-35-1.5-5.5 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2025]: Sec. 5.5. (a) The state department
7 shall select a WIC vendor based on vendor selection criteria set
8 forth in 7 CFR 246.12.
9 (b) The state department shall do the following:
10 (1) Review the vendor selection criteria annually.
11 (2) Include the vendor selection criteria in the WIC state plan
12 in accordance with 7 CFR 246.4(a)(14)(ii).
13 (3) Publish the vendor selection criteria on the state
14 department's website.
15 SECTION 17. IC 16-35-1.5-6 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. The state department
17 shall adopt rules under IC 4-22-2 specifying a system of civil penalties
18 and other sanctions for failure to comply with a WIC vendor contract
19 agreement under the WIC program or federal regulations under 7 CFR
20 246. The severity of a sanction must be consistent with the type and
21 frequency of the violation, and may include suspension or termination
22 from the WIC program and civil penalties.
23 SECTION 18. IC 16-37-1-3.1, AS AMENDED BY P.L.56-2023,
24 SECTION 155, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2025]: Sec. 3.1. (a) The state department shall
26 establish the Indiana birth registration system (IBRS) for recording in
27 an electronic format live births in Indiana.
28 (b) The state department shall establish the Indiana death
29 registration system (IDRS) for recording in an electronic format deaths
30 in Indiana.
31 (c) Submission of records on births and deaths shall be entered by:
32 (1) funeral directors;
33 (2) physicians;
34 (3) coroners;
35 (4) medical examiners;
36 (5) persons in attendance at birth;
37 (6) local health departments; and
38 (7) for purposes of records on death:
39 (A) physician assistants; or
40 (B) advanced practice registered nurses;
41 using the electronic system created by the state department under this
42 section.
EH 1457—LS 7490/DI 147 12
1 (d) A person in attendance at a live birth shall report a birth to the
2 local health officer in accordance with IC 16-37-2-2.
3 (e) Except as provided in subsection subsections (f) and (g), death
4 records shall be submitted as follows, using the Indiana death
5 registration system:
6 (1) The:
7 (A) physician last in attendance upon the deceased;
8 (B) physician assistant last in attendance upon the deceased;
9 (C) advanced practice registered nurse last in attendance upon
10 the deceased; or
11 (D) person in charge of interment;
12 shall initiate the document process. If the person in charge of
13 interment initiates the process, the person in charge of interment
14 shall electronically submit the certificate required under
15 IC 16-37-3-5 to the physician, the physician assistant, or the
16 advanced practice registered nurse last in attendance upon the
17 deceased not later than five (5) days after the death.
18 (2) The physician, the physician assistant, or the advanced
19 practice registered nurse last in attendance upon the deceased
20 shall electronically certify to the local health department the cause
21 of death on the certificate of death not later than five (5) days
22 after:
23 (A) initiating the document process; or
24 (B) receiving under IC 16-37-3-5 the electronic notification
25 from the person in charge of interment.
26 (3) The local health officer shall submit the reports required under
27 IC 16-37-1-5 to the state department not later than five (5) days
28 after electronically receiving under IC 16-37-3-5 the completed
29 certificate of death from the physician, the physician assistant, or
30 the advanced practice registered nurse last in attendance.
31 (f) If the IBRS or IDRS is unavailable for more than forty-eight (48)
32 hours, the state registrar may issue a notice permitting the filing of a
33 paper record of a live birth, a death, or both, subject to the following:
34 (1) The notice issued by the state registrar must contain a time
35 frame for which the notice is in effect and when the notice
36 expires. However, the notice automatically expires if the state
37 department notifies the local health officers that the IBRS or
38 IDRS is available, the notice has expired, and that all future
39 submissions must use the IBRS or IDRS.
40 (2) Paper records may not be accepted by the local health
41 department or the state department on the earlier of the following:
42 (A) The expiration date listed in the notice or the expiration
EH 1457—LS 7490/DI 147 13
1 listed in a renewal notice described in subdivision (3).
2 (B) The state department notifies the local health officers
3 when the IBRS or IDRS becomes available.
4 (3) The notice may be renewed by the state registrar until the
5 IBRS or IDRS becomes available.
6 (4) Once the IBRS or IDRS becomes available, the local health
7 officer shall enter the information contained in the paper record
8 into the IBRS or IDRS.
9 (g) This subsection applies to the submission of a death record
10 of a stillbirth. The:
11 (1) physician last in attendance upon the deceased;
12 (2) physician assistant last in attendance upon the deceased;
13 or
14 (3) advanced practice registered nurse last in attendance upon
15 the deceased;
16 shall initiate the document process unless the physician, physician
17 assistant, or advanced practice registered nurse was not present
18 upon the deceased.
19 SECTION 19. IC 16-39-2-6, AS AMENDED BY P.L.137-2021,
20 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 6. (a) Without the consent of the patient, the
22 patient's mental health record may only be disclosed as follows:
23 (1) To individuals who meet the following conditions:
24 (A) Are employed by:
25 (i) the provider at the same facility or agency;
26 (ii) a managed care provider (as defined in IC 12-7-2-127);
27 or
28 (iii) a health care provider or mental health care provider, if
29 the mental health records are needed to provide health care
30 or mental health services to the patient.
31 (B) Are involved in the planning, provision, and monitoring of
32 services.
33 (2) To the extent necessary to obtain payment for services
34 rendered or other benefits to which the patient may be entitled, as
35 provided in IC 16-39-5-3.
36 (3) To the patient's court appointed counsel and to the Indiana
37 protection and advocacy services commission.
38 (4) For research conducted in accordance with IC 16-39-5-3 and
39 the rules of the division of mental health and addiction, the rules
40 of the division of disability and rehabilitative services, the rules
41 of the provider, or the rules of the Indiana archives and records
42 administration and the oversight committee on public records.
EH 1457—LS 7490/DI 147 14
1 (5) To the division of mental health and addiction for the purpose
2 of data collection, research, and monitoring managed care
3 providers (as defined in IC 12-7-2-127) who are operating under
4 a contract with the division of mental health and addiction.
5 (6) To the extent necessary to make reports or give testimony
6 required by the statutes pertaining to admissions, transfers,
7 discharges, and guardianship proceedings.
8 (7) To a law enforcement agency if any of the following
9 conditions are met:
10 (A) A patient escapes from a facility to which the patient is
11 committed under IC 12-26.
12 (B) The superintendent of the facility determines that failure
13 to provide the information may result in bodily harm to the
14 patient or another individual.
15 (C) A patient commits or threatens to commit a crime on
16 facility premises or against facility personnel.
17 (D) A patient is in the custody of a law enforcement officer or
18 agency for any reason and:
19 (i) the information to be released is limited to medications
20 currently prescribed for the patient or to the patient's history
21 of adverse medication reactions; and
22 (ii) the provider determines that the release of the
23 medication information will assist in protecting the health,
24 safety, or welfare of the patient.
25 Mental health records released under this clause must be
26 maintained in confidence by the law enforcement agency
27 receiving them.
28 (8) To a coroner or medical examiner, in the performance of the
29 individual's duties.
30 (9) To a school in which the patient is enrolled if the
31 superintendent of the facility determines that the information will
32 assist the school in meeting educational needs of the patient.
33 (10) To the extent necessary to satisfy reporting requirements
34 under the following statutes:
35 (A) IC 12-10-3-10.
36 (B) IC 12-24-17-5.
37 (C) IC 16-41-2-3.
38 (D) IC 16-49-3-3.
39 (E) IC 16-49-4-5.
40 (F) IC 16-49-6-6.
41 (G) IC 16-49.5-2-6.
42 (D) (H) IC 16-50-1-8.
EH 1457—LS 7490/DI 147 15
1 (E) (I) IC 31-25-3-2.
2 (F) (J) IC 31-33-5-4.
3 (G) (K) IC 34-30-16-2.
4 (H) (L) IC 35-46-1-13.
5 (11) To the extent necessary to satisfy release of information
6 requirements under the following statutes:
7 (A) IC 12-24-11-2.
8 (B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
9 (C) IC 12-26-11.
10 (12) To another health care provider in a health care emergency.
11 (13) For legitimate business purposes as described in
12 IC 16-39-5-3.
13 (14) Under a court order under IC 16-39-3.
14 (15) With respect to records from a mental health or
15 developmental disability facility, to the United States Secret
16 Service if the following conditions are met:
17 (A) The request does not apply to alcohol or drug abuse
18 records described in 42 U.S.C. 290dd-2 unless authorized by
19 a court order under 42 U.S.C. 290dd-2(b)(2)(c).
20 (B) The request relates to the United States Secret Service's
21 protective responsibility and investigative authority under 18
22 U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
23 (C) The request specifies an individual patient.
24 (D) The director or superintendent of the facility determines
25 that disclosure of the mental health record may be necessary
26 to protect a person under the protection of the United States
27 Secret Service from serious bodily injury or death.
28 (E) The United States Secret Service agrees to only use the
29 mental health record information for investigative purposes
30 and not disclose the information publicly.
31 (F) The mental health record information disclosed to the
32 United States Secret Service includes only:
33 (i) the patient's name, age, and address;
34 (ii) the date of the patient's admission to or discharge from
35 the facility; and
36 (iii) any information that indicates whether or not the patient
37 has a history of violence or presents a danger to the person
38 under protection.
39 (16) To the statewide waiver ombudsman established under
40 IC 12-11-13, in the performance of the ombudsman's duties.
41 (b) If a licensed mental health professional, a licensed paramedic,
42 a representative of a mobile integrated healthcare program (as
EH 1457—LS 7490/DI 147 16
1 described in IC 16-31-12), or a representative of a mental health
2 community paramedicine program in the course of rendering a
3 treatment intervention, determines that a patient may be a harm to
4 himself or herself or others, the licensed mental health professional, the
5 licensed paramedic, the representative of the mobile integrated
6 healthcare program (as described in IC 16-31-12), or the representative
7 of the mental health community paramedicine program may request a
8 patient's individualized mental health safety plan from a psychiatric
9 crisis center, psychiatric inpatient unit, or psychiatric residential
10 treatment provider. Each psychiatric crisis center, psychiatric inpatient
11 unit, and psychiatric residential treatment provider shall, upon request
12 and without the consent of the patient, share a patient's individualized
13 mental health safety plan that is in the standard format established by
14 the division of mental health and addiction under IC 12-21-5-6 with the
15 following individuals who demonstrate proof of licensure and commit
16 to protecting the information in compliance with state and federal
17 privacy laws:
18 (1) A licensed mental health professional.
19 (2) A licensed paramedic.
20 (3) A representative of a mobile integrated healthcare program (as
21 described in IC 16-31-12).
22 (4) A representative of a mental health community paramedicine
23 program.
24 An individualized mental health safety plan disclosed under this
25 subsection may be used only to support a patient's welfare and safety
26 and is considered otherwise confidential information under applicable
27 state and federal laws.
28 (c) After information is disclosed under subsection (a)(15) and if the
29 patient is evaluated to be dangerous, the records shall be interpreted in
30 consultation with a licensed mental health professional on the staff of
31 the United States Secret Service.
32 (d) A person who discloses information under subsection (a)(7),
33 (a)(15), or (b) in good faith is immune from civil and criminal liability.
34 SECTION 20. IC 16-41-14-17 IS REPEALED [EFFECTIVE JULY
35 1, 2025]. Sec. 17. (a) This section does not apply to a person who
36 transfers for research purposes semen that contains antibodies for the
37 human immunodeficiency virus (HIV).
38 (b) A person who, for the purpose of artificial insemination,
39 recklessly, knowingly, or intentionally donates, sells, or transfers semen
40 that contains antibodies for the human immunodeficiency virus (HIV)
41 commits transferring contaminated semen, a Level 5 felony. The
42 offense is a Level 4 felony if the offense results in the transmission of
EH 1457—LS 7490/DI 147 17
1 the virus to another person.
2 SECTION 21. IC 16-41-24-5 IS REPEALED [EFFECTIVE JULY
3 1, 2025]. Sec. 5. For each sample of water analyzed and tested each
4 year, the state department shall collect a fee of not more than ten
5 dollars ($10) to be paid into the state general fund.
6 SECTION 22. IC 16-41-24-10 IS REPEALED [EFFECTIVE JULY
7 1, 2025]. Sec. 10. (a) For testing a sample of water for a private person,
8 firm, or corporation not offering drinking water, bottled water, or
9 mineral water for sale for public consumption, the state department
10 shall charge and collect a fee of not more than ten dollars ($10). In
11 addition, the state department may charge a mailing and shipping
12 charge to defray the costs of mailing and shipping.
13 (b) A fee and the mailing and shipping charges collected under this
14 section shall be deposited in a revolving fund to the credit of the state
15 department and used to defray the expenses.
16 (c) The state department may adopt rules under IC 4-22-2 to set a
17 fee under this section. The fee must equal an amount necessary to cover
18 the cost of the test.
19 SECTION 23. IC 16-41-43-2.5, AS AMENDED BY P.L.93-2024,
20 SECTION 135, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) The state department shall
22 approve courses concerning allergies and the administration of
23 auto-injectable epinephrine that are offered by an approved
24 organization (as defined in IC 25-1-4-0.2). meet criteria established
25 by the state department.
26 (b) The state department shall do the following:
27 (1) Publish and maintain, on its website, the following:
28 (A) The criteria established by the state department under
29 subsection (a).
30 (B) A list of all approved courses.
31 (2) Prescribe the certification process for the course described in
32 subsection (a).
33 (3) Revoke the certification of an organization that fails to comply
34 with any certification prerequisite approval of a course if it does
35 not comply with the criteria specified by the state department.
36 (c) A person who successfully completes a certified course shall
37 receive a certificate of completion issued by the entity providing the
38 course. The state department may contract with a third party for the
39 purpose of creating or manufacturing the certificate of completion,
40 which must meet the requirements set forth in subsection (d).
41 (d) A certificate of completion issued under subsection (c) must:
42 (1) have dimensions that permit the certificate of completion to be
EH 1457—LS 7490/DI 147 18
1 carried in a wallet; and
2 (2) display the following information:
3 (A) The first and last name of the person.
4 (B) The first and last name of the course instructor.
5 (C) The name of the entity responsible for providing the
6 course, if applicable.
7 (D) The date the course described in subsection (a) was
8 completed.
9 (E) Any other information required by the state department.
10 (e) The state department may adopt rules under IC 4-22-2 to
11 implement this section.
12 SECTION 24. IC 16-41-44-4, AS ADDED BY P.L.201-2023,
13 SECTION 150, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2025]: Sec. 4. Subject to available funds, the
15 state department shall use money in the fund to test the water supply of
16 an individual property owner of an eligible township, until the allocated
17 funds are depleted. The water testing is not subject to the fee described
18 in IC 16-41-24-10.
19 SECTION 25. IC 16-49-4-2, AS ADDED BY P.L.119-2013,
20 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 2. The statewide child fatality review committee
22 consists of the following members appointed by the governor:
23 (1) A coroner or deputy coroner.
24 (2) A representative from the state department who:
25 (A) is a licensed physician; and or
26 (B) specializes in injury prevention.
27 (3) A representative of a:
28 (A) local health department established under IC 16-20-2; or
29 (B) multiple county health department established under
30 IC 16-20-3.
31 (4) A pediatrician.
32 (5) A representative of law enforcement who has experience in
33 investigating child deaths.
34 (6) A representative from an emergency medical services
35 provider.
36 (7) The director or a representative of the department of child
37 services.
38 (8) A representative of a prosecuting attorney who has experience
39 in prosecuting child abuse.
40 (9) A pathologist who is:
41 (A) certified by the American Board of Pathology in forensic
42 pathology; and
EH 1457—LS 7490/DI 147 19
1 (B) licensed to practice medicine in Indiana.
2 (10) A mental health provider.
3 (11) A representative of a child abuse prevention program.
4 (12) A representative of the department of education.
5 (13) An epidemiologist.
6 (14) The state child fatality review coordinator.
7 (15) At the discretion of the department of child services
8 ombudsman, a representative of the office of the department of
9 child services ombudsman established by IC 4-13-19-3.
10 SECTION 26. IC 16-50-1-12 IS REPEALED [EFFECTIVE JULY
11 1, 2025]. Sec. 12. This article expires June 30, 2027.
12 SECTION 27. IC 35-52-16-58 IS REPEALED [EFFECTIVE JULY
13 1, 2025]. Sec. 58. IC 16-41-14-17 defines a crime concerning
14 communicable diseases.
EH 1457—LS 7490/DI 147 20
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Health, to which was
referred House Bill 1457, 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 2, line 14, delete "In" and insert "Except as provided in
subsection (d), in".
Page 2, line 18, after "(1)" insert "The Facility Guidelines Institute
(FGI)".
Page 2, line 19, after "(2)" insert "The Facility Guidelines Institute
(FGI)".
Page 2, line 21, after "(3)" insert "The".
Page 2, line 22, delete "Handbook." and insert "Handbook and
Tentative Interim Amendments (TIAs), as adopted by the federal
Centers for Medicare and Medicaid Services regulations, as part
of the Conditions of Participation for Medicare and Medicaid.".
Page 2, line 23, after "(4)" insert "The".
Page 2, line 24, delete "Code." and insert "Code Handbook and
Tentative Interim Amendments (TIAs), as adopted by the federal
Centers for Medicare and Medicaid Services regulations, as part
of the Conditions of Participation for Medicare and Medicaid.".
Page 2, line 25, delete "current".
Page 2, line 27, delete "website for at least one" and insert
"website.".
Page 2, delete lines 28 through 29, begin a new paragraph and
insert:
"(c) Before utilizing a new version of a publication described in
subsection (a), the state department shall publish a notice on the
state department's website at least one hundred eighty (180) days
before the state department may take action using the new version.
(d) For purposes of this subsection, "plan review" means a
review of plans for construction, renovations, or additions to a
hospital or ambulatory outpatient surgical center. This subsection
applies to a plan review submitted:
(1) before July 1, 2025; or
(2) after June 30, 2025, but before the state department has
published a notice described in subsection (a).
In conducting a plan review, the state department shall utilize the
version of a publication described in subsection (a) that was in
effect on the date the plan review was submitted.
(e) The state department shall amend 410 IAC 15-1.5-8 and 410
EH 1457—LS 7490/DI 147 21
IAC 15-2.5-7 to conform with this section.".
Page 5, line 33, delete "health" and insert "home health agency or
personal services agency".
Page 5, line 34, delete "care facility".
Page 5, line 36, delete "health care facility" and insert "home health
agency or personal services agency".
Page 6, delete lines 4 through 42, begin a new paragraph and insert:
"SECTION 7. IC 16-28-13-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Except as
provided in subsection (c), a health care facility or an entity in the
business of contracting to provide nurse aides or other unlicensed
employees for a health care facility may not knowingly employ a
person as a nurse aide or other unlicensed employee if one (1) or more
of the following conditions exist:
(1) The person has been convicted of any of the following:
(A) A sex crime (IC 35-42-4).
(B) Exploitation of an endangered adult (IC 35-46-1-12).
(C) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(D) Theft, conversion, or receiving stolen property (IC
35-43-4), if the person's conviction for theft is a felony
conviction that occurred less than five (5) years before the
individual's person's employment application date. except as
provided in IC 16-27-2-5(a)(5).
(E) Identity deception (IC 35-43-5-3.5), if the conviction is
a felony conviction that occurred less than five (5) years
before the person's employment application date.
(F) Fraud (IC 35-43-5-4), if the conviction is a felony
conviction that occurred less than five (5) years before the
person's employment application date.
(E) (G) Murder (IC 35-42-1-1).
(F) (H) Voluntary manslaughter (IC 35-42-1-3).
(G) Involuntary manslaughter (IC 35-42-1-4) within the
previous five (5) years.
(H) (I) Felony battery within the previous five (5) years.
(I) (J) A felony offense relating to controlled substances
within the previous five (5) years.
(2) The person:
(A) has abused, neglected, or mistreated a patient or
misappropriated a patient's property; and
(B) had a finding entered into the state nurse aide registry.
(b) A person who knowingly or intentionally applies for a job as a
EH 1457—LS 7490/DI 147 22
nurse aide or other unlicensed employee at:
(1) a health care facility; or
(2) an entity in the business of contracting to provide nurse aides
or other unlicensed employees for a health care facility;
after a conviction of one (1) or more of the offenses listed in subsection
(a)(1) commits a Class A infraction.".
Page 7, delete lines 1 through 22.
and when so amended that said bill do pass.
(Reference is to HB 1457 as introduced.)
BARRETT
Committee Vote: yeas 12, nays 0.
_____
COMMITTEE REPORT
Mr. President: The Senate Committee on Health and Provider
Services, to which was referred House Bill No. 1457, 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 11 and 12, begin a new paragraph and insert:
"SECTION 3. IC 16-19-5-1, AS AMENDED BY P.L.143-2022,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) In addition to other fees provided by this
title, the state department may establish and collect reasonable fees for
specific services described under subsection (b) provided by the state
department. The fees may not exceed the cost of services provided.
(b) Fees may be charged for the following services:
(1) Plan reviews conducted under rules adopted under
IC 16-19-3-4(b)(13).
(2) Licensing of agricultural labor camps under IC 16-41-26.
(3) Services provided to persons other than governmental entities
under rules adopted under IC 16-19-3-4(d).
(4) Services provided by the state health laboratory under
IC 16-19-8.
(5) (4) Services provided under IC 24-6 by the state metrology
laboratory.
SECTION 4. IC 16-19-5-4, AS AMENDED BY P.L.143-2022,
EH 1457—LS 7490/DI 147 23
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) The weights and measures fund is
established for the purpose of providing funds for training and
equipment for weights and measures inspectors and the state metrology
laboratory. The state department shall administer the fund.
(b) The fund consists of fees collected under section 1(b)(5) 1(b)(4)
of this chapter.
(c) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SECTION 5. IC 16-19-8-2, AS AMENDED BY P.L.143-2022,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) The state health laboratory shall be located
in Indianapolis and shall be used to:
(1) analyze foods and drugs for the purpose of enforcing the pure
food and drug laws;
(2) perform sanitary analyses, pathological examinations, and
studies in hygiene and preventive medicine; and
(3) support public health activities;
to aid in the enforcement of the health laws and for no other purpose.
(b) All work done in the state health laboratory must be done
exclusively and entirely for the public benefit.
(c) The state department may establish fee schedules and charges
for services provided by the state health laboratory. The fee schedules
must be based on the following:
(1) For clinical tests:
(A) the Medicare reimbursement rate for the test; or
(B) if there is not a Medicare reimbursement rate for the
test, the Medicaid reimbursement rate for the test.
(2) For nonclinical tests, the cost of the test, including staff
time, equipment, consumables, mailing, transport, and the
depreciation of the equipment.
However, the state department may charge a reduced fee for a test
provided for a local health department.
SECTION 6. IC 16-19-8-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 4. (a) The state health laboratory fund is established
for the purpose of funding state health laboratory services,
including the cost of:
(1) staff;
(2) equipment;
(3) consumables;
(4) mailing;
EH 1457—LS 7490/DI 147 24
(5) transport; and
(6) equipment depreciation.
(b) The fund consists of fees collected under the following:
(1) Section 2(c) of this chapter.
(2) IC 16-19-9-3.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
SECTION 7. IC 16-19-9-3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 3. (a) The state health laboratory may charge fees for
laboratory certifications performed under section 1 of this chapter.
(b) The fees for drinking water laboratory certification for
laboratories in Indiana are as follows:
(1) Three hundred dollars ($300) for microbiology only
certification.
(2) Three hundred dollars ($300) for limited chemistry
(metals and inorganics) only certification.
(3) Five hundred dollars ($500) for both microbiology and
limited chemistry certification.
(4) Eight hundred dollars ($800) for extended chemistry
(metals, inorganics, and organics) only certification.
(5) One thousand dollars ($1,000) for both microbiology and
extended chemistry certification.
(c) The fees for drinking water laboratory certification for
laboratories outside of Indiana are as follows:
(1) One thousand five hundred dollars ($1,500) for
microbiology reciprocal certification.
(2) One thousand five hundred dollars ($1,500) for chemistry,
including asbestos, reciprocal certification.
(d) The fees collected under this section shall be deposited in the
state health laboratory fund established by IC 16-19-8-4.".
Page 2, line 15, delete "subsection (d)," and insert "subsections (d)
and (e),".
Page 2, line 17, delete "may use the most recent version of" and
insert "shall use".
Page 2, line 19, after "The" insert "most recent published version
of the".
Page 2, line 20, delete "." and insert ", except to the extent the
guidelines conflict with subdivision (3) or (4).".
Page 2, line 21, after "The" insert "most recent published version
EH 1457—LS 7490/DI 147 25
of the".
Page 2, line 22, delete "." and insert ", except to the extent the
guidelines conflict with subdivision (3) or (4).".
Page 2, delete lines 36 through 42, begin a new paragraph and
insert:
"(c) The state department shall meet the following requirements
when a new version of a publication described in subsection (a)(1)
and (a)(2) is published:
(1) Not later than ninety (90) days from the publication of the
new version, post a notice of the publication on the state
department's website, stating the state department's intent to
adopt the new version.
(2) Set forth as part of the notice a date that is:
(A) not earlier than two hundred seventy (270) days; and
(B) not later than three hundred sixty (360) days;
from the posting of the notice in which the state department
may take action using the new version of the publication.
(d) The following apply for a plan review submitted to the state
department concerning the construction, renovation, or addition
to a hospital or ambulatory outpatient surgical center:
(1) For a plan review submitted before July 1, 2025, the state
department shall utilize, for purposes of enforcement, the
version of each publication described in subsection (a) that
was in effect at the time the plan review was submitted.
(2) For a plan review submitted on July 1, 2025, and
thereafter, the state department shall utilize, for purposes of
enforcement, the version of each publication that was in place
on the date that the plan review was submitted and complying
with the limitations set forth in subsection (c)(2).
(e) The following are void:
(1) 410 IAC 15-1.5-8(c)(1).
(2) 410 IAC 15-1.5-8(c)(3).
(3) 410 IAC 15-2.5-7(a)(4)(A).
(4) 410 IAC 15-2.5-7(a)(4)(C).
The publisher of the Indiana Code and Indiana Register shall
remove these provisions from the Indiana Administrative Code.".
Page 3, delete lines 1 through 9.
Page 4, line 19, strike "subsection".
Page 4, line 19, after "(b)," insert "subsections".
Page 6, delete lines 27 through 42, begin a new paragraph and
insert:
"SECTION 7. IC 16-28-13-3 IS AMENDED TO READ AS
EH 1457—LS 7490/DI 147 26
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) A health care
facility or an entity in the business of contracting to provide nurse aides
or other unlicensed employees for a health care facility may not
knowingly employ a person as a nurse aide or other unlicensed
employee if one (1) or more of the following conditions exist:
(1) The person has been convicted of any of the following:
(A) A sex crime (IC 35-42-4).
(B) Exploitation of an endangered adult (IC 35-46-1-12).
(C) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(D) A felony offense relating to theft, conversion, or
receiving stolen property (IC 35-43-4), if the person's
conviction for theft, conversion, or receiving stolen property
occurred less than five (5) years before the individual's
employment application date. except as provided in
IC 16-27-2-5(a)(5).
(E) Identity deception (IC 35-43-5-3.5), if the conviction is
a felony conviction that occurred less than five (5) years
before the person's employment application date.
(F) Fraud (IC 35-43-5-4), if the conviction is a felony
conviction that occurred less than five (5) years before the
person's employment application date.
(E) (G) Murder (IC 35-42-1-1).
(F) (H) Voluntary manslaughter (IC 35-42-1-3).
(G) Involuntary manslaughter (IC 35-42-1-4) within the
previous five (5) years. (I) Except as otherwise specified in
this section, a crime of violence (as defined in
IC 35-50-1-2), if the person's conviction occurred less than
ten (10) years before the person's employment application
date.
(H) (J) Felony battery within the previous five (5) years.
(I) (K) A felony offense relating to controlled substances
within the previous five (5) years.
(2) The person:
(A) has abused, neglected, or mistreated a patient or
misappropriated a patient's property; and
(B) had a finding entered into the state nurse aide registry
under IC 25-23-2.
(b) A person who knowingly or intentionally applies for a job as a
nurse aide or other unlicensed employee at:
(1) a health care facility; or
(2) an entity in the business of contracting to provide nurse aides
EH 1457—LS 7490/DI 147 27
or other unlicensed employees for a health care facility;
after a conviction of one (1) or more of the offenses listed in subsection
(a)(1) commits a Class A infraction.".
Page 7, delete lines 1 through 25.
Page 14, between lines 1 and 2, begin a new paragraph and insert:
"SECTION 18. IC 16-41-14-17 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 17. (a) This section does not apply to a person who
transfers for research purposes semen that contains antibodies for the
human immunodeficiency virus (HIV).
(b) A person who, for the purpose of artificial insemination,
recklessly, knowingly, or intentionally donates, sells, or transfers semen
that contains antibodies for the human immunodeficiency virus (HIV)
commits transferring contaminated semen, a Level 5 felony. The
offense is a Level 4 felony if the offense results in the transmission of
the virus to another person.
SECTION 19. IC 16-41-24-5 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 5. For each sample of water analyzed and tested each
year, the state department shall collect a fee of not more than ten
dollars ($10) to be paid into the state general fund.
SECTION 20. IC 16-41-24-10 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 10. (a) For testing a sample of water for a private person,
firm, or corporation not offering drinking water, bottled water, or
mineral water for sale for public consumption, the state department
shall charge and collect a fee of not more than ten dollars ($10). In
addition, the state department may charge a mailing and shipping
charge to defray the costs of mailing and shipping.
(b) A fee and the mailing and shipping charges collected under this
section shall be deposited in a revolving fund to the credit of the state
department and used to defray the expenses.
(c) The state department may adopt rules under IC 4-22-2 to set a
fee under this section. The fee must equal an amount necessary to cover
the cost of the test.".
Page 14, between lines 36 and 37, begin a new paragraph and insert:
"SECTION 23. IC 16-41-44-4, AS ADDED BY P.L.201-2023,
SECTION 150, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. Subject to available funds, the
state department shall use money in the fund to test the water supply of
an individual property owner of an eligible township, until the allocated
funds are depleted. The water testing is not subject to the fee described
in IC 16-41-24-10.".
Page 15, after line 27, begin a new paragraph and insert:
"SECTION 25. IC 16-50-1-12 IS REPEALED [EFFECTIVE JULY
EH 1457—LS 7490/DI 147 28
1, 2025]. Sec. 12. This article expires June 30, 2027.
SECTION 26. IC 35-52-16-58 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 58. IC 16-41-14-17 defines a crime concerning
communicable diseases.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to HB 1457 as printed February 11, 2025.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 12, Nays 0.
EH 1457—LS 7490/DI 147