HOUSE BILL No. 1128
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2-84; IC 16-19-14.
Synopsis: Advisory council on pain and symptom management.
Creates the advisory council on pain and symptom management.
Requires the state department of health to pay the council's expenses
and provide staff support to the council. Requires the council to hold
public hearings, recommend policies for pain and symptom
management, develop recommendations for licensing boards, study and
review information on pain and symptom management, and provide an
Effective: July 1, 2004.
Welch, Brown C, Becker, Behning
January 13, 2004, read first time and referred to Committee on Rules and Legislative
Second Regular Session 113th General Assembly (2004)
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HOUSE BILL No. 1128
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-18-2-84; (04)IN1128.1.1. -->
SECTION 1. IC 16-18-2-84 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 84. "Council" refers to
(1) For purpose of IC 16-19-14, the advisory council on pain
and symptom management.
(2) For purposes of IC 16-21, the hospital council.
(2) (3) For purposes of IC 16-28 and IC 16-29, the Indiana health
(3) (4) For purposes of IC 16-46-6, the interagency state council
on black and minority health.
SOURCE: IC 16-19-14; (04)IN1128.1.2. -->
SECTION 2. IC 16-19-14 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]:
Chapter 14. Advisory Council on Pain and Symptom
Sec. 1. The advisory council on pain and symptom management
Sec. 2. (a) The council consists of twenty (20) members as
(1) The commissioner of the state department of health or the
(2) The attorney general or the attorney general's designee.
(3) The executive director of the health professions bureau or
the executive director's designee.
(4) Two (2) members of the senate who are members of
different political parties appointed by the president pro
tempore of the senate.
(5) Two (2) members of the house of representatives who are
members of different political parties appointed by the
speaker of the house of representatives.
(6) Two (2) physicians appointed by the medical licensing
board of Indiana, who must meet the following descriptions:
(A) One (1) physician specializing in primary care.
(B) One (1) physician who is:
(i) certified or accredited in pain management or
palliative care; or
(ii) a medical director of a hospice program.
(7) Two (2) registered nurses appointed by the Indiana state
board of nursing, who must:
(A) have expertise in home health care, hospice care,
oncology, long term care, anesthesia, or pain management;
(B) be certified by the National Board for Certification of
Hospice and Palliative Nurses.
(8) One (1) dentist appointed by the state board of dentistry,
who must be:
(A) trained in pain and symptom management; and
(B) associated with the education and training of dental
(9) One (1) pharmacist appointed by the Indiana board of
pharmacy, who must be:
(A) trained in pain and symptom management; and
(B) associated with the education and training of pharmacy
(10) One (1) advanced practice nurse appointed by the
Indiana state board of nursing, who must be trained in pain
and symptom management.
(11) One (1) individual specializing in addiction.
(12) One (1) mental health service provider.
(13) Two (2) representatives of voluntary health organizations
or advocacy groups with interests in pain management.
(14) One (1) representative of the general public.
(15) One (1) individual diagnosed with chronic pain.
(b) The members of the council designated by subsection (a)(11)
through (a)(15) shall be appointed by the governor.
Sec. 3. (a) Except for the members of the council designated by
section 2(a)(1) through 2(a)(3) of this chapter, appointments to the
council are for five (5) years. If a vacancy occurs, the individual
appointed to fill the vacancy under subsection (b) serves for the
remainder of the unexpired term.
(b) If a vacancy exists on the council, the appointing authority
who appointed the former member whose position has become
vacant shall appoint an individual to fill the vacancy. However, the
individual appointed to fill the vacancy must meet the same
qualifications under section 2(a) of this chapter as the former
member whose position has become vacant.
Sec. 4. (a) The department shall pay the expenses of the council.
(b) The state department shall provide staff support to the
Sec. 5. (a) A member of the council is not entitled to the
minimum salary per diem provided by IC 4-10-11-2.1(b).
(b) A member of the council is entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties,
as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
(c) Each member of the council who is a member of the general
assembly is entitled to receive the same mileage and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Mileage and travel
allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative
Sec. 6. (a) The commissioner of the state department of health
or the commissioner's designee is the chair of the council.
(b) The council shall meet at least once every ninety (90) days.
(c) Special meetings of the council may be called by the chair.
Sec. 7. (a) Nine (9) members of the council constitute a quorum
for the transaction of all business of the council.
(b) Each member of the council who is a member of the general
assembly is a nonvoting member.
(c) The council shall establish procedures to govern the council's
Sec. 8. The council shall do the following:
(1) Gather information from the public on issues concerning
pain and symptom management by holding public hearings.
(2) Provide advice concerning and recommend policies on
pain and symptom management, including the following:
(A) Acute and chronic pain management treatment
(B) Statutes and regulations concerning pain management.
(C) Sanctioning and use of alternative therapies
concerning pain and symptom management.
(D) Acute and chronic pain management education
provided by professional boards, agencies, and other
(E) Acute and chronic pain management needs for adults,
children, racial and ethnic minorities, and medically
(3) Develop recommendations to the state licensing and
certification boards on the following:
(A) Integrating pain and symptom management into the
customary practice of health care professionals.
(B) Identifying the roles and responsibilities of the various
health care professionals in pain and symptom
(4) Develop recommendations to the state licensing and
certification boards on the duration and content of continuing
education requirements for pain and symptom management.
(5) Study and develop recommendations on improving access
to pain and symptom management for racial and ethnic
minorities and medically underserved groups, including the
(6) Develop recommendations on improving access to pain
and symptom management for children and adolescents.
(7) Annually review current policies and changes in pain and
(8) Act as an advisory body for the state department.
Sec. 9. (a) The council shall provide an annual report on the
activities and recommendations of the council to:
(1) the governor;
(2) the executive director of the legislative services agency in
an electronic format under IC 5-14-6; and
(3) the director;
by February 1 of every year.
(b) An annual report provided under subsection (a) may relate
(1) issues and recommendations developed by the council
under section 8 of this chapter;
(2) pain management educational curriculum and continuing
education requirements of institutions providing health care
(3) information about the impact and effectiveness of
previously implemented recommendations; and
(4) current policies and changes concerning pain and
(c) In making recommendations and developing written
materials, the council shall:
(1) review guidelines on pain and symptom management
issued by the United States Department of Health and Human
(2) consult with the state department.
(d) The council may consult with additional persons and
(1) academic institutions;
(2) voluntary health organizations;
(5) professional organizations;
(6) law enforcement; and
(7) other appropriate entities.
Sec. 10. The state department may, on behalf of the council,
(1) federal funds;
(3) donations; and
(4) other available funds;
from individuals, private organizations, and foundations.
Sec. 11. This chapter expires July 1, 2009.