HB 1457-1_ Filed 04/26/2007, 09:28
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1457
Citations Affected: IC 16-18-2-160.5; IC 16-38-4-19; IC 16-41-42; IC 25-1-7-1.
Synopsis: Birth problems registry and registration of certain mobile health entities. Conference
committee report for EHB 1457. Requires the state department of health to issue registrations
and maintain a registry for out-of-state mobile health care entities. Requires out-of-state mobile
health care entities to register with the state department before doing business in Indiana.
Extends the birth problems registry until July 1, 2017. (Under current law the registry expires on
July 1, 2007.) Establishes the prenatal substance abuse commission to develop a plan to improve
early intervention and treatment for pregnant women who abuse alcohol or drugs or use tobacco.
(The introduced version of this bill was prepared by the interim study committee on children's
issues.) (This conference committee report: (1) adds a requirement that each health care
entity's name, address, and telephone number and the name of any company that is
affiliated with the health care entity is required for registration; (2) adds provisions that
specify that out-of-state mobile health care entities are not exempt from health care service
regulations; and (3) resolves a technical conflict with SEA 506.)
Effective: Upon passage; July 1, 2007.
CONFERENCE COMMITTEE REPORT
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed Senate Amendments to Engrossed House Bill No. 1457 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 16-18-2-160.5; (07)CC145702.1.1. -->
SECTION 1. IC 16-18-2-160.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 160.5. "Health care entity", for
purposes of IC 16-41-42, has the meaning set forth in
SOURCE: IC 16-38-4-19; (07)CC145702.1.2. -->
SECTION 2. IC 16-38-4-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 19.
(a) During the
year 2006, a committee of the general assembly shall review the need
to continue the registry. The committee shall submit its
recommendations in an electronic format under IC 5-14-6 to the
general assembly before December 31, 2006.
(b) The registry is abolished July 1, 2007. 2017.
SOURCE: IC 16-41-42; (07)CC145702.1.3. -->
SECTION 3. IC 16-41-42 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]:
Chapter 42. Registration of Out-of-State Mobile Health Care
Sec. 1. As used in this chapter, "health care entity" means an
(1) is registered or licensed as a health care entity under the
laws of another state, a foreign country, or a province in a
foreign country; and
(2) provides health care services, including the performance
of health care tests, in a mobile facility or temporary location
for a short period of time.
Sec. 2. The state department shall maintain a registry of health
care entities that apply for and meet the registration requirements
under this chapter.
Sec. 3. The registry must include the information required
under section 5(6) of this chapter for each registered health care
entity and the date that the health care entity registered with the
state department under this chapter.
Sec. 4. The state department shall issue a certificate of
registration to a health care entity that applies for registration and
meets the requirements of this chapter.
Sec. 5. A health care entity applying for registration under this
chapter shall disclose the following:
(1) The types of health care services that the health care entity
will provide in Indiana.
(2) The names of any employees who are currently in good
standing licensed, certified, or registered in a health care
(A) Indiana; or
(B) any other state;
and a copy of the employee's license, certification, or
(3) Any health care services that are to be provided under a
contract between the health care entity and a person that is
licensed, certified, or registered in Indiana to provide health
(4) The types of:
(A) health care services;
(B) health care tests; and
that the health care entity will perform or use.
(5) The manner in which test results and recommendations
for health care based on the results are disclosed to the
(6) The health care entity's name, address, and telephone
number and the name of any company that is affiliated with
the health care entity.
Sec. 6. A registered health care entity shall display the entity's
certificate of registration in a conspicuous place in sight of a
consumer of the health care entity.
Sec. 7. A certificate of registration expires one (1) calendar year
after its issuance.
Sec. 8. A health care entity may not provide services in Indiana
until the health care entity is registered under this chapter with the
Sec. 9. Registration of a health care entity under this chapter
does not exempt:
(1) a health care professional from the licensure, certification,
and registration requirements of IC 25; or
(2) a health care service from the regulation requirements of
IC 16 or IC 25.
Sec. 10. The state department shall adopt rules under IC 4-22-2
necessary to implement this chapter, including rules specifying
registration renewal procedures.
SOURCE: IC 25-1-7-1; (07)CC145702.1.4. -->
SECTION 4. IC 25-1-7-1, AS AMENDED BY SEA 506-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. As used in this chapter:
"Board" means the appropriate agency listed in the definition of
regulated occupation in this section.
"Director" refers to the director of the division of consumer
"Division" refers to the division of consumer protection, office of
the attorney general.
"Licensee" means a person who is:
(1) licensed, certified, or registered by a board listed in this
(2) the subject of a complaint filed with the division.
"Person" means an individual, a partnership, a limited liability
company, or a corporation.
"Regulated occupation" means an occupation in which a person is
licensed, certified, or registered by one (1) of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects, landscape architects, and
registered interior designers (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State boxing commission (IC 25-9-1).
(6) Board of chiropractic examiners (IC 25-10-1).
(7) State board of cosmetology examiners (IC 25-8-3-1).
(8) State board of dentistry (IC 25-14-1).
(9) State board of funeral and cemetery service (IC 25-15-9).
(10) State board of registration for professional engineers
(11) Indiana state board of health facility administrators
(12) Medical licensing board of Indiana (IC 25-22.5-2).
(13) Indiana state board of nursing (IC 25-23-1).
(14) Indiana optometry board (IC 25-24).
(15) Indiana board of pharmacy (IC 25-26).
(16) Indiana plumbing commission (IC 25-28.5-1-3).
(17) Board of podiatric medicine (IC 25-29-2-1).
(18) Board of environmental health specialists (IC 25-32-1).
(19) State psychology board (IC 25-33).
(20) Speech-language pathology and audiology board
(21) Indiana real estate commission (IC 25-34.1-2).
(22) Indiana board of veterinary medical examiners (IC 15-5-1.1).
(23) Department of natural resources for purposes of licensing
water well drillers under IC 25-39-3.
(24) Respiratory care committee (IC 25-34.5).
(25) Private investigator and security guard licensing board
(26) Occupational therapy committee (IC 25-23.5).
(27) Social worker, marriage and family therapist, and mental
health counselor board (IC 25-23.6).
(28) Real estate appraiser licensure and certification board
(29) State board of registration for land surveyors
(30) Physician assistant committee (IC 25-27.5).
(31) Indiana athletic trainers board (IC 25-5.1-2-1).
(32) Indiana dietitians certification board (IC 25-14.5-2-1).
(33) Indiana hypnotist committee (IC 25-20.5-1-7).
(34) Indiana physical therapy committee (IC 25-27).
(35) Manufactured home installer licensing board (IC 25-23.7).
(36) Home inspectors licensing board (IC 25-20.2-3-1).
(37) State department of health.
(37) (38) Any other occupational or professional agency created
after June 30, 1981.
SOURCE: ; (07)CC145702.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2007] (a) As used in this
SECTION, "commission" refers to the prenatal substance abuse
commission established by subsection (b).
(b) The prenatal substance abuse commission is established to
develop and recommend a coordinated plan to improve early
intervention and treatment for pregnant women who abuse alcohol
or drugs or use tobacco.
(c) The commission consists of the following members:
(1) The state health commissioner or the commissioner's
(2) The director of the division of mental health and addiction
or the director's designee.
(3) The director of the office of Medicaid policy and planning
or the director's designee.
(4) The director of the department of child services or the
(5) One (1) physician specializing in addiction treatment of
(6) One (1) physician specializing in the care of pregnant
(7) One (1) social worker certified in the treatment of alcohol,
tobacco, and other drug abuse.
(8) One (1) woman who has received treatment for alcohol,
tobacco, or other drug abuse during pregnancy.
(9) One (1) advocate recommended by the March of Dimes,
(10) One (1) prosecuting attorney or a deputy prosecuting
attorney who practices in a drug court established under
(11) One (1) judge of a drug court established under
(12) Two (2) members of the house of representatives. The
members appointed under this subdivision may not be
members of the same political party.
(13) Two (2) members of the senate. The members appointed
under this subdivision may not be members of the same
(14) An advanced practice nurse who has a collaborative
agreement with a physician who specializes in addiction
treatment for pregnant women or the care of pregnant
The speaker of the house of representatives shall appoint the
members under subdivisions (5), (7), (9), (10), and (12) not later
than August 15, 2007. The president pro tempore of the senate
shall appoint the members under subdivisions (6), (8), (11), (13),
and (14) not later than August 15, 2007. Vacancies shall be filled by
the appointing authority for the remainder of the unexpired term.
(d) A majority of the members of the commission constitutes a
(e) The state department of health shall provide staff and
administrative support for the commission.
(f) The state health commissioner or the commissioner's
designee shall convene the first meeting of the commission before
October 15, 2007. The commission shall elect a member of the
commission to serve as chairperson of the commission. The
commission shall meet at the call of the chairperson and shall meet
as often as necessary to carry out the purpose of this SECTION.
However, the commission shall meet at least quarterly.
(g) Members of the commission are not entitled to a salary per
diem or reimbursement of expenses for service on the commission.
(h) The affirmative votes of a majority of the commission's
members are required for the commission to take action on any
(i) The commission shall submit reports to the governor and the
legislative council as follows:
(1) Not later than August 15, 2008, an interim report that
contains any interim findings and recommendations of the
(2) Not later than August 15, 2009, a final report that contains
the findings and recommendations of the commission and an
implementation plan to improve early intervention and
treatment for pregnant women who abuse alcohol or drugs or
The reports required under this subsection must be submitted in
an electronic format under IC 5-14-6.
(j) This SECTION expires December 31, 2009.
SOURCE: ; (07)CC145702.1.6. -->
SECTION 6. An emergency is declared for this act.
(Reference is to EHB 1457 as reprinted March 23, 2007.)
Conference Committee Report
Representative Klinker Senator Lawson C
Representative Thompson Senator Rogers
House Conferees Senate Conferees