HOUSE BILL No. 1376
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-20-1-14; IC 16-22-8-34; IC 25-13-1-10.
Synopsis: Services performed by dental hygienists. Allows a dental
hygienist employed by a local health department or the health and
hospital corporation to provide certain services under specified
Effective: July 1, 2007.
Mays, Welch, Brown C, Tyler
January 16, 2007, read first time and referred to Committee on Public Health.
First Regular Session 115th General Assembly (2007)
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between statutes enacted by the 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1376
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-20-1-14; (07)IN1376.1.1. -->
SECTION 1. IC 16-20-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. (a) Local health
officers may appoint and employ public health nurses, environmental
health specialists, computer programmers, clerks, other personnel, and
an administrator of public health, subject to the confirmation of the
local board of health, as is necessary and reasonable to carry out and
perform the duties of the local health department.
(b) Except as provided in subsection (d), the employees of local
health departments shall perform any of the duties of the health officer
delegated by the health officer, with the approval of the local board of
health, on the basis of an agent-principal relation.
(c) The public health personnel of local health departments:
(1) must meet the minimum qualification requirements of the
local board of health;
(2) by local ordinance, become part of the county classification
system for the respective public health personnel positions; and
(3) shall perform additional duties prescribed by the rules of the
state department and local board of health under the general
supervision of the local health officer.
(d) If an appointee or employee of a local health officer is not a
licensed water well driller under IC 25-39-3, the appointee or employee
may not inspect the drilling of a water well.
(e) After a dentist licensed under IC 25-14 who is employed by
a local health department examines a child enrolled in any grade
up to and including grade 12 and prescribes a treatment plan in
writing for the child, a licensed dental hygienist employed by the
local health department may, without supervision by the dentist,
provide the child with the following treatment in accordance with
the treatment plan:
(2) Fluoride application.
SOURCE: IC 16-22-8-34; (07)IN1376.1.2. -->
SECTION 2. IC 16-22-8-34, AS AMENDED BY P.L.88-2006,
SECTION 5, AND AS AMENDED BY P.L.145-2006, SECTION 133,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 34. (a) The board or corporation
may do all acts necessary or reasonably incident to carrying out the
purposes of this chapter, including the following:
(1) As a municipal corporation, sue and be sued in any court with
(2) To serve as the exclusive local board of health and local
department of health within the county with the powers and duties
conferred by law upon local boards of health and local
departments of health.
(3) To adopt and enforce ordinances consistent with Indiana law
and administrative rules for the following purposes:
(A) To protect property owned or managed by the corporation.
(B) To determine, prevent, and abate public health nuisances.
(C) To establish quarantine regulations, impose restrictions on
persons having infectious or contagious diseases and contacts
of the persons, and regulate the disinfection of premises.
(D) To license, regulate, and establish minimum sanitary
standards for the operation of a business handling, producing,
processing, preparing, manufacturing, packing, storing,
selling, distributing, or transporting articles used for food,
drink, confectionery, or condiment in the interest of the public
(E) To control:
(i) rodents, mosquitos, and other animals, including insects,
capable of transmitting microorganisms and disease to
humans and other animals; and
animal's animals' breeding places.
(F) To require persons to connect to available sewer systems
and to regulate the disposal of domestic or sanitary sewage by
private methods. However, the board and corporation have no
jurisdiction over publicly owned or financed sewer systems or
sanitation and disposal plants.
(G) To control rabies.
(H) For the sanitary regulation of water supplies for domestic
(I) To protect, promote, or improve public health. For public
health activities and to enforce public health laws, the state
health data center described in IC 16-19-10 shall provide
health data, medical information, and epidemiological
information to the corporation.
(J) To detect, report, prevent, and control disease affecting
(K) To investigate and diagnose health problems and health
(L) To regulate the sanitary and structural conditions of
residential and nonresidential buildings and unsafe premises.
(M) To license and regulate the design, construction, and
operation of public pools, spas, and beaches.
(N) To regulate the storage, containment, handling, use, and
disposal of hazardous materials.
(O) To license and regulate tattoo parlors and body piercing
(4) To manage the corporation's hospitals, medical facilities, and
mental health facilities.
(5) To furnish health and nursing services to elementary and
secondary schools within the county.
(6) To furnish medical care to the indigent within the county
unless medical care is furnished to the indigent by the division of
and children. resources.
(7) To furnish dental services to the indigent within the
county, including the services as provided in subsection (c).
(7) (8) To determine the public health policies and programs to be
carried out and administered by the corporation.
(8) (9) To adopt an annual budget ordinance and levy taxes.
(9) (10) To incur indebtedness in the name of the corporation.
(10) (11) To organize the personnel and functions of the
corporation into divisions and subdivisions to carry out the
corporation's powers and duties and to consolidate, divide, or
abolish the divisions and subdivisions.
(11) (12) To acquire and dispose of property.
(12) (13) To receive charitable contributions and make gifts as
provided in 26 U.S.C. 170.
(13) (14) To make charitable contributions and gifts.
(14) (15) To establish a charitable foundation as provided in 26
(13) (15) (16) To receive and distribute federal, state, local, or
(16) (17) To receive and distribute grants from charitable
(17) (18) To establish nonprofit corporations to carry out the
purposes of the corporation.
(14) (18) (19) To erect buildings or structures or improvements to
existing buildings or structures.
(15) (19) (20) To determine matters of policy regarding internal
organization and operating procedures.
(16) (20) (21) To do the following:
(A) Adopt a schedule of reasonable charges for nonresidents
of the county for medical and mental health services.
(B) Collect the charges from the patient or from the
governmental unit where the patient resided at the time of the
(C) Require security for the payment of the charges.
(17) (21) (22) To adopt a schedule of and to collect reasonable
charges for patients able to pay in full or in part.
(18) (22) (23) To enforce Indiana laws, administrative rules, and
the code of the health and hospital corporation of the county.
(19) (23) (24) To purchase supplies, materials, and equipment for
(20) (24) (25) To employ personnel and establish personnel
policies to carry out the duties, functions, and powers of the
(21) (25) (26) To employ attorneys admitted to practice law in
(22) (26) (27) To acquire, erect, equip, and operate the
corporation's hospitals, medical facilities, and mental health
(23) (27) (28) To dispose of surplus property in accordance with
a policy by the board.
(24) (28) (29)
To determine the duties of officers and division
(25) (29) (30)
To fix the compensation of the officers and division
(26) (30) (31)
To carry out the purposes and object of the
(27) (31) (32)
To obtain loans for hospital expenses in amounts
and upon terms agreeable to the board. The board may secure the
loans by pledging accounts receivable or other security in hospital
(28) (32) (33)
To establish fees for licenses, services, and records.
The corporation may accept payment by credit card for fees.
(b) The board shall exercise the board's powers and duties in a
manner consistent with Indiana law, administrative rules, and the code
of the health and hospital corporation of the county.
(c) After a dentist licensed under IC 25-14 who is employed by
a local health department or the health and hospital corporation
examines a child enrolled in any grade up to and including grade
12 and prescribes a treatment plan in writing for the child, a
licensed dental hygienist employed by the local health department
or the health and hospital corporation may, without supervision by
the dentist, provide the child with the following treatment in
accordance with the treatment plan:
(2) Fluoride application.
SOURCE: IC 25-13-1-10; (07)IN1376.1.3. -->
SECTION 3. IC 25-13-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. (a) A licensed
dental hygienist may be employed to practice dental hygiene in Indiana
in the following:
(1) The office of a legally practicing proprietor dentist.
(2) A dental school or dental hygiene school to teach and
demonstrate the practice of dental hygiene.
(3) The dental clinic of any public, parochial, or private school or
other institution supported by public or private funds in which the
licensee is employed by the state department of health or any
county or city board of health or board of education or school
trustee or parochial authority or the governing body of any private
school. However, institutional practice, other than dental hygiene
instruction and dental prophylaxis for children up to and
including grade 12 pupils at all times must be under the
supervision of a licensed dentist.
(4) The dental clinic of a bona fide hospital, sanitarium, or
eleemosynary institution duly established and being operated
under the laws of Indiana in which the licensee is employed by
the directors or governing board of such hospital, sanitarium, or
institution. However, such practice must be under the supervision
at all times of a licensed dentist who is a staff member of the
hospital or sanitarium or a member of the governing board of the
(5) The dental clinic of an industrial or a commercial
establishment in which the licensee's services are under the
supervision of a licensed dentist.
(b) A licensed dental hygienist may provide without supervision the
(1) Dental hygiene instruction and in-service training without
restriction on location.
(2) Dental prophylaxis for children up to and including grade 12
if the dental hygienist is employed by any of the following:
(A) The state department of health.
(B) The department of education.
(C) The elementary or secondary school where the services are
(3) Screening and referrals for any person in a public health
(4) Services as provided in IC 16-20-1-14 and IC 16-22-8-34.