January 27, 2006





SENATE BILL No. 266

_____


DIGEST OF SB 266 (Updated January 25, 2006 1:39 pm - DI 104)



Citations Affected: IC 16-40.

Synopsis: Confidentiality of bariatric surgery reports. Specifies that a physician's duty to monitor a bariatric surgery patient for five years applies unless the physician is unable to locate the patient after a reasonable effort. Provides that a report made by a physician to the state department of health of a death or serious complication of a patient who had surgical treatment for the treatment of morbid obesity is confidential. Specifies that statistical reports compiled by the state department from the reported information are subject to public inspection.

Effective: July 1, 2006.





Miller




    January 9, 2006, read first time and referred to Committee on Health and Provider Services.
    January 26, 2006, amended, reported favorably _ Do Pass.






January 27, 2006

Second Regular Session 114th General Assembly (2006)


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 2005 Regular Session of the General Assembly.

SENATE BILL No. 266



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-40-3-2; (06)SB0266.1.1. -->     SECTION 1. IC 16-40-3-2, AS ADDED BY P.L.196-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) A physician who is licensed under IC 25-22.5 and who performs a surgical treatment for the treatment of morbid obesity shall:
        (1) monitor the patient for five (5) years following the patient's surgery, unless the physician is unable to locate the patient after making reasonable efforts; and
        (2) report:
            (A) to; and
            (B) in a manner prescribed by;
        the state department any death or serious complication of the patient.
    (b) The report required in subsection (a) must include the following information:
        (1) The gender of the patient.
        (2) The name of the physician who performed the surgery.
        (3) The location where the surgery was performed.
        (4) Information concerning the death or complication and the circumstances in which the death or complication occurred.
SOURCE: IC 16-40-3-3; (06)SB0266.1.2. -->     SECTION 2. IC 16-40-3-3, AS ADDED BY P.L.196-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The state department shall collect and maintain the information reported to the state department under section 2 of this chapter.
    (b) The reports made under section 2(a)(2) of this chapter are public records and are confidential. However, the state department may compile statistical reports from information contained in reports made under section 2(a)(2) of this chapter. Any statistical report is subject to public inspection. However, the state department may not release any information contained in the reports that the state department determines may reveal the patient's identity.