HB 1172-1_ Filed 03/13/2008, 16:00
Adopted 3/13/2008
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1172
Citations Affected: IC 10-14; IC 12-7-2; IC 12-31; IC 16-18-2-36.5; IC 16-20-1-14;
IC 16-21-7.5; IC 16-22-8-34; IC 16-27-2-5; IC 16-28-11-5.5; IC 24-4-15; IC 25-1-7; IC 25-2.5;
IC 25-13-1; IC 25-14-1; IC 25-20.5-1-1; IC 25-23-1; IC 25-23.3; IC 25-23.5-3-1.5; IC 25-23.6;
IC 34-30-2-99.5; IC 25-23-1-28.
Synopsis: Health matters. Conference committee report for EHB 1172. Codifies the uniform
emergency volunteer health practitioners act to provide a procedure for recognizing other states'
licenses for health practitioners who volunteer to provide assistance during an emergency
requiring significant health care assistance. Requires the office of the secretary of family and
social services to form a nonprofit corporation to establish and operate an umbilical cord blood
bank. Requires the nonprofit corporation to establish an umbilical cord blood donation initiative
to promote public awareness concerning the medical benefits of umbilical cord blood. Requires
beginning July 1, 2008, and until June 30, 2009, a home health agency and a personal services
agency to obtain an employee's limited criminal history not more than three business days after
the date that an employee begins to provide services. Establishes criteria when a nursing home
is not required to provide cardiopulmonary resuscitation or other intervention on a patient who
has died. Makes certain changes to the law concerning defibrillators in health clubs. Amends the
definition of "regulated occupation". Removes physician referral requirements to receive
acupuncture and specifies training and testing requirements. Amends the places a dental
hygienist may practice under direct supervision, prescriptive supervision, and without
supervision of a dentist. Establishes requirements for a dental hygienist to administer local dental
anesthesia. Requires a dental assistant to work under the direct supervision of a dentist. Specifies
certain procedures that may and may not be delegated to a dental assistant. Exempts licensed
mental health counselors from the licensed hypnotist requirements. Establishes the interstate
nurse licensure compact beginning July 1, 2009. Allows the state board of nursing to issue a
registered nurse's license to certain applicants. Requires specified examination and registration
fees to be used for the rehabilitation of impaired registered nurses and impaired licensed
practical nurses. Allows an optometrist to refer patients to an occupational therapist. Establishes
licensing and continuing education requirements for marriage and family therapist associates,
and requires emergency rules for the implementation of the licensure. Requires the office of
Medicaid policy and planning to receive approval to cover umbilical cord transplants under the
Medicaid program. Makes conforming changes. Requires the health finance commission to
address domestic violence programs. Repeals a provision that abolishes and transfers the rights,
powers, and duties of the state board of examination and registration of nurses. (This conference
committee report: (1) requires the social worker, marriage and family therapist, and
mental health counselor board to adopt emergency rules regarding the implementation of
the family and marriage therapist associate license; and (2) requires the health finance
commission to recommend the proper agency to administer domestic violence programs
for the state instead of requiring the commission to determine the proper agency to
administer the program.)
Effective: Upon passage; July 1, 2008.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed Senate Amendments to Engrossed House Bill No. 1172 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 10-14-3-3; (08)CC117202.1.1. -->
SECTION 1. IC 10-14-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. As used in this
chapter, "emergency management worker" includes any full-time or
part-time paid, volunteer, or auxiliary employee of:
(1) the state;
(2) other:
(A) states;
(B) territories; or
(C) possessions;
(3) the District of Columbia;
(4) the federal government;
(5) any neighboring country;
(6) any political subdivision of an entity described in subdivisions
(1) through (5); or
(7) any agency or organization;
performing emergency management services at any place in Indiana
subject to the order or control of, or under a request of, the state
government or any political subdivision of the state. The term includes
a volunteer health practitioner registered under IC 10-14-3.5.
SOURCE: IC 10-14-3-12; (08)CC117202.1.2. -->
SECTION 2. IC 10-14-3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. (a) The governor
shall declare a disaster emergency by executive order or proclamation
if the governor determines that a disaster has occurred or that the
occurrence or the threat of a disaster is imminent. The state of disaster
emergency continues until the governor:
(1) determines that the threat or danger has passed or the disaster
has been dealt with to the extent that emergency conditions no
longer exist; and
(2) terminates the state of disaster emergency by executive order
or proclamation.
A state of disaster emergency may not continue for longer than thirty
(30) days unless the state of disaster emergency is renewed by the
governor. The general assembly, by concurrent resolution, may
terminate a state of disaster emergency at any time. If the general
assembly terminates a state of disaster emergency under this
subsection, the governor shall issue an executive order or proclamation
ending the state of disaster emergency. All executive orders or
proclamations issued under this subsection must indicate the nature of
the disaster, the area or areas threatened, and the conditions which have
brought the disaster about or that make possible termination of the state
of disaster emergency. An executive order or proclamation under this
subsection shall be disseminated promptly by means calculated to bring
the order's or proclamation's contents to the attention of the general
public. Unless the circumstances attendant upon the disaster prevent or
impede, an executive order or proclamation shall be promptly filed
with the secretary of state and with the clerk of the city or town affected
or with the clerk of the circuit court.
(b) An executive order or proclamation of a state of disaster
emergency:
(1) activates the disaster response and recovery aspects of the
state, local, and interjurisdictional disaster emergency plans
applicable to the affected political subdivision or area; and
(2) is authority for:
(A) deployment and use of any forces to which the plan or
plans apply; and
(B) use or distribution of any supplies, equipment, materials,
and facilities assembled, stockpiled, or arranged to be made
available under this chapter or under any other law relating to
disaster emergencies.
(c) During the continuance of any state of disaster emergency, the
governor is commander-in-chief of the organized and unorganized
militia and of all other forces available for emergency duty. To the
greatest extent practicable, the governor shall delegate or assign
command authority by prior arrangement embodied in appropriate
executive orders or regulations. This section does not restrict the
governor's authority to delegate or assign command authority by orders
issued at the time of the disaster emergency.
(d) In addition to the governor's other powers, the governor may do
the following while the state of emergency exists:
(1) Suspend the provisions of any regulatory statute prescribing
the procedures for conduct of state business, or the orders, rules,
or regulations of any state agency if strict compliance with any of
these provisions would in any way prevent, hinder, or delay
necessary action in coping with the emergency.
(2) Use all available resources of the state government and of
each political subdivision of the state reasonably necessary to
cope with the disaster emergency.
(3) Transfer the direction, personnel, or functions of state
departments and agencies or units for performing or facilitating
emergency services.
(4) Subject to any applicable requirements for compensation
under section 31 of this chapter, commandeer or use any private
property if the governor finds this action necessary to cope with
the disaster emergency.
(5) Assist in the evacuation of all or part of the population from
any stricken or threatened area in Indiana if the governor
considers this action necessary for the preservation of life or other
disaster mitigation, response, or recovery.
(6) Prescribe routes, modes of transportation, and destinations in
connection with evacuation.
(7) Control ingress to and egress from a disaster area, the
movement of persons within the area, and the occupancy of
premises in the area.
(8) Suspend or limit the sale, dispensing, or transportation of
alcoholic beverages, firearms, explosives, and combustibles.
(9) Make provision for the availability and use of temporary
emergency housing.
(10) Allow persons who:
(A) are registered as volunteer health practitioners by an
approved registration system under IC 10-14-3.5; or
(B) hold a license to practice medicine, dentistry, pharmacy,
nursing, engineering, veterinary medicine, mortuary
service, and similar other professions as may be specified by
the governor to practice their respective profession in Indiana
during the period of the state of emergency if the state in
which a person's license was issued has a mutual aid compact
for emergency management with Indiana.
(11) Give specific authority to allocate drugs, foodstuffs, and
other essential materials and services.
SOURCE: IC 10-14-3.5; (08)CC117202.1.3. -->
SECTION 3. IC 10-14-3.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]:
Chapter 3.5. Uniform Emergency Volunteer Health
Practitioners Act
Sec. 1. As used in this chapter, "disaster relief organization"
means an entity that provides emergency or disaster relief services
that include health or veterinary services provided by volunteer
health practitioners and:
(1) is designated or recognized as a provider of the services
under a disaster response and recovery plan adopted by an
agency of the federal government or the state emergency
management agency; or
(2) regularly plans and conducts the entity's activities in
coordination with an agency of the federal government or the
state emergency management agency.
Sec. 2. As used in this chapter, "emergency" means an event or
condition that is an emergency, a disaster, or a public health
emergency under this article.
Sec. 3. As used in this chapter, "emergency declaration" means
a declaration of emergency issued by a person authorized to do so
under state or local laws of Indiana.
Sec. 4. As used in this chapter, "Emergency Management
Assistance Compact" means the federal interstate compact under
P.L.104-321, 110 Stat. 3877.
Sec. 5. As used in this chapter, "entity" means a person other
than an individual.
Sec. 6. As used in this chapter, "health facility" means an entity
licensed under the laws of Indiana or another state to provide
health or veterinary services.
Sec. 7. As used in this chapter, "health practitioner" means an
individual licensed under the laws of Indiana or another state to
provide health or veterinary services.
Sec. 8. As used in this chapter, "health services" means the
provision of treatment, care, advice, guidance, or other services or
supplies related to the health or death of individuals or human
populations to the extent necessary to respond to an emergency,
including:
(1) with respect to the physical or mental condition or
functional status of an individual or the structure or function
of the body:
(A) preventive, diagnostic, therapeutic, rehabilitative,
maintenance, or palliative care; and
(B) counseling, assessment, procedures, or other services;
(2) the sale or dispensing of a drug, a device, equipment, or
another item to an individual in accordance with a
prescription; and
(3) funeral, cremation, cemetery, or other mortuary services.
Sec. 9. As used in this chapter, "host entity" means an entity
operating in Indiana that uses volunteer health practitioners to
respond to an emergency.
Sec. 10. (a) As used in this chapter, "license" means
authorization by a state to engage in health or veterinary services
that are unlawful without the authorization.
(b) The term includes authorization under Indiana law to an
individual to provide health or veterinary services based upon a
national certification issued by a public or private entity.
Sec. 11. As used in this chapter, "person" means an individual,
a corporation, a business trust, a trust, a partnership, a limited
liability company, an association, a joint venture, a public
corporation, a government or governmental subdivision, an
agency, an instrumentality, or another legal or commercial entity.
Sec. 12. As used in this chapter, "scope of practice" means the
extent of the authorization to provide health or veterinary services
granted to a health practitioner by a license issued to the
practitioner in the state in which the principal part of the
practitioner's services are rendered, including conditions imposed
by the licensing authority.
Sec. 13. As used in this chapter, "state" means a state of the
United States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, or a territory or an insular possession
subject to the jurisdiction of the United States.
Sec. 14. As used in this chapter, "veterinary services" means the
provision of treatment, care, advice, guidance, or other services or
supplies related to the health or death of an animal or to animal
populations to the extent necessary to respond to an emergency,
including:
(1) diagnosis, treatment, or prevention of an animal disease,
injury, or other physical or mental condition by the
prescription, administration, or dispensing of vaccine,
medicine, surgery, or therapy;
(2) use of a procedure for reproductive management; and
(3) monitoring and treatment of animal populations for
diseases that have spread or demonstrate the potential to
spread to humans.
Sec. 15. (a) As used in this chapter, "volunteer health
practitioner" means a health practitioner who provides health or
veterinary services, whether or not the practitioner receives
compensation for those services.
(b) The term does not include a practitioner who receives
compensation under a preexisting employment relationship with a
host entity or affiliate that requires the practitioner to provide
health services in Indiana, unless the practitioner is not a resident
of Indiana and is employed by a disaster relief organization
providing services in Indiana while an emergency declaration is in
effect.
Sec. 16. This chapter applies to volunteer health practitioners
who:
(1) are registered with a registration system that complies
with section 18 of this chapter; and
(2) provide health or veterinary services in Indiana for a host
entity while an emergency declaration is in effect.
Sec. 17. (a) While an emergency declaration is in effect, the state
emergency management agency may limit, restrict, or otherwise
regulate:
(1) the duration of practice by volunteer health practitioners;
(2) the geographical areas in which volunteer health
practitioners may practice;
(3) the types of volunteer health practitioners who may
practice; and
(4) any other matters necessary to coordinate effectively the
provision of health or veterinary services during the
emergency.
(b) An order issued under subsection (a) may take effect
immediately, without prior notice or comment, and is not a rule
within the meaning of IC 4-22-2.
(c) A host entity that uses volunteer health practitioners to
provide health or veterinary services in Indiana shall:
(1) consult and coordinate the host entity's activities with the
state emergency management agency to the extent practicable
to provide for the efficient and effective use of volunteer
health practitioners; and
(2) comply with any laws other than this chapter relating to
the management of emergency health or veterinary services,
including this article.
Sec. 18. (a) To qualify as a volunteer health practitioner
registration system, a system must:
(1) accept applications for the registration of volunteer health
practitioners before or during an emergency;
(2) include information about the licensure and good standing
of health practitioners that is accessible by authorized
persons;
(3) be capable of confirming the accuracy of information
concerning whether a health practitioner is licensed and in
good standing before health services or veterinary services
are provided under this chapter; and
(4) meet one (1) of the following conditions:
(A) Be an emergency system for advance registration of
volunteer health practitioners established by a state and
funded through the Health Resources Services
Administration under section 319I of the federal Public
Health Services Act, 42 U.S.C. 247d-7b.
(B) Be a local unit consisting of trained and equipped
emergency response, public health, and medical personnel
formed under section 2801 of the federal Public Health
Services Act, 42 U.S.C. 300hh.
(C) Be operated by a:
(i) disaster relief organization;
(ii) licensing board;
(iii) national or regional association of licensing boards
or health practitioners;
(iv) health facility that provides comprehensive inpatient
and outpatient health care services, including a tertiary
care and teaching hospital; or
(v) governmental entity.
(D) Be designated by the state emergency management
agency as a registration system for purposes of this
chapter.
(b) While an emergency declaration is in effect, the state
emergency management agency, a person authorized to act on
behalf of the state emergency management agency, or a host entity
may confirm whether volunteer health practitioners used in
Indiana are registered with a registration system that complies
with subsection (a). Confirmation is limited to obtaining identities
of the practitioners from the system and determining whether the
system indicates that the practitioners are licensed and in good
standing.
(c) Upon request of a person in Indiana authorized under
subsection (b), or a similarly authorized person in another state, a
registration system located in Indiana shall notify the person of the
identities of volunteer health practitioners and whether the
practitioners are licensed and in good standing.
(d) A host entity is not required to use the services of a volunteer
health practitioner even if the practitioner is registered with a
registration system that indicates that the practitioner is licensed
and in good standing.
Sec. 19. (a) While an emergency declaration is in effect, a
volunteer health practitioner, registered with a registration system
that complies with section 18 of this chapter and licensed and in
good standing in the state upon which the practitioner's
registration is based, may practice in Indiana to the extent
authorized by this chapter as if the practitioner were licensed in
Indiana.
(b) A volunteer health practitioner qualified under subsection
(a) is not entitled to the protections of this chapter if the
practitioner is licensed in more than one (1) state and any license
of the practitioner is suspended, revoked, or subject to an agency
order limiting or restricting practice privileges or has been
voluntarily terminated under threat of sanction.
Sec. 20. (a) As used in this section:
(1) "credentialing" means obtaining, verifying, and assessing
the qualifications of a health practitioner to provide
treatment, care, or services in or for a health facility; and
(2) "privileging" means the authorizing by an appropriate
authority, such as a governing body, of a health practitioner
to provide specific treatment, care, or services at a health
facility subject to limits based on factors that include license,
education, training, experience, competence, health status,
and specialized skill.
(b) This chapter does not affect credentialing or privileging
standards of a health facility and does not preclude a health facility
from waiving or modifying those standards while an emergency
declaration is in effect.
Sec. 21. (a) Subject to subsections (b) and (c), a volunteer health
practitioner shall adhere to the scope of practice for a similarly
licensed practitioner established by the licensing provisions,
practice acts, or other laws of Indiana.
(b) Except as provided in subsection (c), this chapter does not
authorize a volunteer health practitioner to provide services that
are outside the practitioner's scope of practice, even if a similarly
licensed practitioner in Indiana would be permitted to provide the
services.
(c) The state emergency management agency may modify or
restrict the health or veterinary services that volunteer health
practitioners may provide under this chapter. An order under this
subsection may take effect immediately, without prior notice or
comment, and is not a rule within the meaning of IC 4-22-2.
(d) A host entity may restrict the health or veterinary services
that a volunteer health practitioner may provide under this
chapter.
(e) A volunteer health practitioner does not engage in
unauthorized practice unless the practitioner has reason to know
of a limitation, modification, or restriction under this section or
that a similarly licensed practitioner in Indiana would not be
permitted to provide the services. A volunteer health practitioner
has reason to know of a limitation, modification, or restriction or
that a similarly licensed practitioner in Indiana would not be
permitted to provide a service if:
(1) the practitioner knows the limitation, modification, or
restriction exists or that a similarly licensed practitioner in
Indiana would not be permitted to provide the service; or
(2) from all the facts and circumstances known to the
practitioner at the relevant time, a reasonable person would
conclude that the limitation, modification, or restriction exists
or that a similarly licensed practitioner in Indiana would not
be permitted to provide the service.
(f) In addition to the authority granted by laws of Indiana other
than this chapter to regulate the conduct of health practitioners, a
licensing board or other disciplinary authority in Indiana:
(1) may impose administrative sanctions upon a health
practitioner licensed in Indiana for conduct outside of Indiana
in response to an out-of-state emergency;
(2) may impose administrative sanctions upon a practitioner
not licensed in Indiana for conduct in Indiana in response to
an in-state emergency; and
(3) shall report any administrative sanctions imposed upon a
practitioner licensed in another state to the appropriate
licensing board or other disciplinary authority in any other
state in which the practitioner is known to be licensed.
(g) In determining whether to impose administrative sanctions
under subsection (f), a licensing board or other disciplinary
authority shall consider the circumstances in which the conduct
took place, including any exigent circumstances, and the
practitioner's scope of practice, education, training, experience,
and specialized skill.
Sec. 22. (a) This chapter does not limit the rights, privileges, or
immunities provided to volunteer health practitioners by laws
other than this chapter. Except as provided in subsection (b), this
chapter does not affect requirements for the use of health
practitioners under the Emergency Management Assistance
Compact.
(b) The state emergency management agency, under the
Emergency Management Assistance Compact or the Interstate
Emergency Management and Disaster Compact, may incorporate
into the emergency forces of Indiana volunteer health practitioners
who are not officers or employees of Indiana, a political
subdivision of Indiana, or a municipality or other local government
within Indiana.
Sec. 23. The state emergency management agency may adopt
rules under IC 4-22-2 to implement this chapter. In doing so, the
state emergency management agency shall consult with and
consider the recommendations of the entity established to
coordinate the implementation of the Emergency Management
Assistance Compact or the Interstate Emergency Management and
Disaster Compact and shall also consult with and consider rules
adopted by similarly empowered agencies in other states to
promote uniformity of application of this chapter and make the
emergency response systems in the various states reasonably
compatible.
Sec. 24. In applying and construing this uniform act,
consideration must be given to the need to promote uniformity of
the law with respect to its subject matter among states that enact
it.
SOURCE: IC 12-7-2-118.3; (08)CC117202.1.4. -->
SECTION 4. IC 12-7-2-118.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 118.3. "Initiative", for purposes
of IC 12-31-2, has the meaning set forth in IC 12-31-2-1.
SOURCE: IC 12-7-2-132.5; (08)CC117202.1.5. -->
SECTION 5. IC 12-7-2-132.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 132.5. "Nonprofit corporation",
for purposes of IC 12-31, has the meaning set forth in IC 12-31-1-1.
SOURCE: IC 12-7-2-142.7; (08)CC117202.1.6. -->
SECTION 6. IC 12-7-2-142.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 142.7. "Postnatal donation", for
purposes of IC 12-31, has the meaning set forth in IC 12-31-1-2.
SOURCE: IC 12-31; (08)CC117202.1.7. -->
SECTION 7. IC 12-31 IS ADDED TO THE INDIANA CODE AS
A
NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2008]:
ARTICLE 31. UMBILICAL CORD BLOOD
Chapter 1. Public Umbilical Cord Blood Bank
Sec. 1. As used in this article, "nonprofit corporation" refers to
the Indiana nonprofit corporation formed by the office of the
secretary under section 3 of this chapter to establish and operate
a public umbilical cord blood bank.
Sec. 2. As used in this article, "postnatal donation" means any
of the following donations by a patient to the public umbilical cord
blood bank:
(1) Postnatal fluid, including umbilical cord blood.
(2) Postnatal tissue, including the placenta and tissue
extracted from an umbilical cord.
Sec. 3. (a) The office of the secretary shall form a nonprofit
corporation to establish and provide for the operation of a public
umbilical cord blood bank to promote public health and to exercise
other essential governmental functions.
(b) The office of the secretary shall adopt rules under IC 4-22-2
concerning the protection of individual identifiable health
information regarding the operation of the public umbilical cord
blood bank.
Sec. 4. (a) The board of directors of the nonprofit corporation
consists of the following:
(1) The state health commissioner or the commissioner's
designee.
(2) The secretary or the secretary's designee.
(3) The secretary of commerce appointed under IC 5-28-3-4
or the secretary's designee.
(4) The director of the state department of health's office of
minority health.
(5) The following individuals appointed by the governor:
(A) One (1) president or chief executive officer of an
Indiana based hospital.
(B) One (1) research scientist with expertise in umbilical
cord blood research.
(C) One (1) ethicist with expertise in bioethics.
(D) One (1) physician licensed under IC 25-22.5 who
specializes in birthing and delivery.
(E) One (1) representative of a donor umbilical cord blood
bank facility.
(F) One (1) member of the interagency state council on
black and minority health established under IC 16-46-6.
(b) The board of directors shall appoint an advisory board. At
least fifty-one percent (51%) of the advisory board members must
be research scientists with expertise in stem cell research.
(c) The advisory board, using criteria established by the board
of directors, is responsible for reviewing applications from
research scientists, research institutions, and other persons
interested in receiving a postnatal donation that is ineligible for
transplant use from the public umbilical cord blood bank.
(d) The board of directors may contract with a person to
perform the management and administrative operations of the
public umbilical cord blood bank. The person shall follow the
federal Food and Drug Administration's current good tissue
practices.
(e) Subject to approval by the budget agency, the board of
directors may, without the approval of the attorney general,
employ legal counsel, technical experts, and other officers, agents,
and employees that the board of directors considers necessary to
carry out the efficient operation of a public umbilical cord blood
bank.
(f) The board of directors shall determine the terms and
conditions of the participating agreement that is executed with
each participating hospital.
Sec. 5. The nonprofit corporation shall do the following:
(1) Establish procedures and guidelines for collecting,
maintaining, and receiving postnatal donations.
(2) Educate health care professionals about the procedures
and requirements for collecting and maintaining postnatal
donations following the birth of a newborn infant.
(3) Establish procedures concerning patient informed consent
and privacy that are approved by an independent institutional
review board selected by the board of directors.
Sec. 6. (a) The nonprofit corporation shall accept postnatal
donations at no charge or cost to the donor.
(b) The nonprofit corporation may allow the following to use the
postnatal donations:
(1) Transplant centers.
(2) Research centers approved by the nonprofit corporation
that will use the postnatal donation to promote medical
advances, life science research, or biotechnology research.
(3) Any other entity approved by the nonprofit corporation if
the entity will use the postnatal donation to promote medical
advances, life science research, or biotechnology research.
(c) Any postnatal donations maintained by the public umbilical
cord blood bank must be allocated as follows:
(1) Postnatal donations that are of transplantable quality
according to the National Marrow Donor Program, the
federal Food and Drug Administration's approved protocol,
or other relevant national practice and quality standards
must be allocated for medical transplants.
(2) Postnatal donations that do not meet the transplant quality
standards referred to in subdivision (1) and that are suitable
for research must be made available for scientific research or
medical treatments that comply with relevant national
practice and quality standards.
(d) The nonprofit corporation shall acquire and maintain
adequate liability insurance coverage.
Sec. 7. The nonprofit corporation may maintain postnatal
donations at no charge or cost to the donor.
Sec. 8. The nonprofit corporation may award a grant to a
person for work with postnatal donations.
Sec. 9. The nonprofit corporation shall report annually to the
health finance commission established by IC 2-5-23-3 concerning
the following:
(1) The implementation of the umbilical cord blood bank.
(2) The number of postnatal donations used for transplants
and the number of postnatal donations used for research.
Chapter 2. Umbilical Cord Blood Donation Initiative
Sec. 1. As used in this chapter, "initiative" refers to the
umbilical cord blood donation initiative established under section
2 of this chapter.
Sec. 2. The nonprofit corporation shall establish an umbilical
cord blood donation initiative to promote public awareness
concerning the following:
(1) A pregnant woman's option to make a postnatal donation
upon the birth of a newborn infant.
(2) The medical benefits of postnatal tissue and postnatal
fluids.
(3) The importance of donating umbilical cord blood to the
public umbilical cord blood bank.
Sec. 3. The nonprofit corporation may accept a grant from the
federal government or money from the state government or private
contributions to establish and implement the initiative.
Sec. 4. (a) The initiative must include the dissemination of
written material that includes the following:
(1) Information concerning the option that is available to
pregnant women to make a postnatal donation upon the birth
of a newborn infant.
(2) An explanation of the benefits of public umbilical cord
blood banking.
(3) The benefits of umbilical cord blood in accordance with
the National Marrow Donor Program or another federal Food
and Drug Administration approved protocol and the use of
umbilical cord blood for medical treatment, including the
following:
(A) A list of the diseases or conditions that have been
treated through the use of umbilical cord blood.
(B) A list of the diseases or conditions for which scientific
research indicates that treatment through the use of
umbilical cord blood is promising.
(4) Information on the public umbilical cord blood bank.
(5) Information concerning the process by which postnatal
tissue and postnatal fluid are collected and the steps that a
pregnant woman must take before her child is born to
arrange to have the postnatal tissue and postnatal fluid
collected and donated.
(b) The nonprofit corporation shall:
(1) update the material described in subsection (a); and
(2) distribute the material to the following persons that treat
pregnant women:
(A) Physicians licensed under IC 25-22.5.
(B) Participating hospitals.
(C) Ambulatory surgical centers.
(D) Health clinics.
(E) Maternity homes registered under IC 16-26-1.
(F) Nurse midwives licensed under IC 25-23-1-13.1.
Sec. 5. The nonprofit corporation shall develop a process for
physicians, nurse midwives, birthing centers, and participating
hospitals to inform eligible candidates of the opportunity to make
postnatal donations to the public umbilical cord blood bank
following delivery of a newborn infant.
Sec. 6. The nonprofit corporation that establishes the initiative
described in this chapter must meet all the requirements and
responsibilities set forth in IC 23-17.
Sec. 7. (a) Any intellectual property developed by the nonprofit
corporation establishing the initiative under this chapter is the
property of the nonprofit corporation. A donor must consent to
release to the public umbilical cord blood bank any property right
related to the postnatal donation, including any claim of
intellectual property rights derived from the postnatal donation.
(b) The entire right, title, and interest in and to any intellectual
property derived from a postnatal donation transfers with the
postnatal tissue and postnatal fluid after the postnatal donation is
allocated by the public umbilical cord blood bank for research
purposes.
SOURCE: IC 16-18-2-36.5; (08)CC117202.1.8. -->
SECTION 8. IC 16-18-2-36.5, AS ADDED BY P.L.96-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 36.5. (a) "Birthing center", for purposes of
IC 16-21-2 and IC 16-21-7.5, means a freestanding entity that has the
sole purpose of delivering a normal or uncomplicated pregnancy.
(b) The term does not include a hospital that is licensed as a hospital
under IC 16-21-2.
SOURCE: IC 16-20-1-14; (08)CC117202.1.9. -->
SECTION 9. IC 16-20-1-14, AS AMENDED BY P.L.121-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: 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:
(1) Prophylaxis.
(2) Fluoride application.
(3) Sealants.
However, the treatment must be completed not more than ninety (90)
days after the dentist prescribes the treatment plan. This subsection
expires June 30, 2009.
SOURCE: IC 16-21-7.5; (08)CC117202.1.10. -->
SECTION 10. IC 16-21-7.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]:
Chapter 7.5. Hospital and Birthing Center Requirement
Regarding Umbilical Cord Blood Donation
Sec. 1. As used in this chapter, "postnatal donation" has the
meaning set forth in IC 12-31-1-2.
Sec. 2. Before a hospital or birthing center participates in
collecting donations for the public umbilical cord blood bank
established under IC 12-31-1-3(a), the hospital or birthing center
shall enter into a written agreement with the public umbilical cord
blood bank establishing the:
(1) conditions of the hospital's or birthing center's
participation; and
(2) obligations of the hospital or birthing center;
in the umbilical cord blood donation initiative established under
IC 12-31-2-2.
Sec. 3. (a) Except as provided in section 4 of this chapter, a
participating hospital or birthing center licensed under this article
must offer a patient who delivers a newborn infant at the
participating hospital or birthing center the option of making a
postnatal donation following delivery of the newborn infant.
(b) A patient may not be charged for the collection or storage of
a donation or for a donation to the public umbilical cord blood
bank established under IC 12-31-1-3(a).
Sec. 4. (a) A participating hospital or birthing center is not
required to collect a postnatal donation if either of the following
applies:
(1) In the professional judgment of a physician licensed under
IC 25-22.5 or a nurse midwife licensed under IC 25-23-1-13.1,
the collection would threaten the health of the mother or the
infant.
(2) The postnatal donation is contrary to the moral principles
or beliefs of the religious denomination with which the
participating hospital or birthing center is affiliated.
(b) An employee of a participating hospital or birthing center is
not required to collect a postnatal donation if the postnatal
donation is contrary to the religious principles or beliefs of the
employee.
Sec. 5. A participating hospital or birthing center shall
cooperate with the nonprofit corporation (as defined in
IC 12-31-1-1) in accomplishing the public health goal of
maximizing postnatal donations.
Sec. 6. A hospital or birthing center is not required to enter into
an agreement with the public umbilical cord blood bank and may
enter into contracts concerning postnatal tissue and postnatal
fluids with any person.
SOURCE: IC 16-22-8-34; (08)CC117202.1.11. -->
SECTION 11. IC 16-22-8-34, AS AMENDED BY P.L.121-2007,
SECTION 2, AS AMENDED BY P.L.194-2007, SECTION 4, AND
AS AMENDED BY P.L.215-2007, SECTION 2, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2008]: 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
jurisdiction.
(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
isolation and quarantine regulations
impose
restrictions on persons having infectious or contagious
diseases and contacts of the persons, and regulate the
disinfection of premises. in accordance with IC 16-41-9.
(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
health.
(E) To control:
(i) rodents, mosquitos, and other animals, including insects,
capable of transmitting microorganisms and disease to
humans and other animals; and
(ii) the 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
use.
(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
public health.
(K) To investigate and diagnose health problems and health
hazards.
(L) To regulate the sanitary and structural conditions of
residential and nonresidential buildings and unsafe premises.
(M) To regulate the remediation of lead hazards.
(M) (N) To license and regulate the design, construction, and
operation of public pools, spas, and beaches.
(N) (O) To regulate the storage, containment, handling, use,
and disposal of hazardous materials.
(O) (P) To license and regulate tattoo
parlors and body
piercing facilities.
(Q) To regulate the storage and disposal of waste tires.
(4) To manage the corporation's hospitals, medical facilities, and
mental health facilities.
(5) To
furnish provide school based health and nursing furnish
health and nursing services
to elementary and secondary
schools within the county. to elementary and secondary schools
within the county.
(6) To furnish medical care to the indigent within insured and
uninsured residents of the county. unless medical care is
furnished to the indigent by the division of family resources.
(7) To furnish dental services to the insured and uninsured
residents of the county. including the services as provided in
subsection (c) until the expiration of subsection (c).
(7) (8) To determine the establish 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 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
U.S.C. 501.
(15) (16) To receive and distribute federal, state, local, or private
grants.
(16) (17) To receive and distribute grants from charitable
foundations.
(17) (18) To establish nonprofit corporations and enter into
partnerships and joint ventures to carry out the purposes of the
corporation. This subdivision does not authorize the merger of the
corporation with a hospital licensed under IC 16-21.
(18) (19) To erect, improve, remodel, or repair corporation
buildings. or structures or improvements to existing buildings or
structures.
(19) (20) To determine matters of policy regarding internal
organization and operating procedures.
(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, the patient's
insurance company, or from the governmental unit where the
patient resided at the time of the service. a government
program.
(C) Require security for the payment of the charges.
(21) (22) To adopt a schedule of and to collect reasonable charges
for patients able to pay in full or in part. medical and mental
health services.
(22) (23) To enforce Indiana laws, administrative rules,
ordinances, and the code of the health and hospital corporation of
the county.
(23) (24) To purchase supplies, materials, and equipment. for the
corporation.
(24) (25) To employ personnel and establish personnel policies.
to carry out the duties, functions, and powers of the corporation.
(25) (26) To employ attorneys admitted to practice law in Indiana.
(26) (27) To acquire, erect, equip, and operate the corporation's
hospitals, medical facilities, and mental health facilities.
(27) (28) To dispose of surplus property in accordance with a
policy by the board.
(28) (29) To determine the duties of officers and division
directors.
(29) (30) To fix the compensation of the officers and division
directors.
(30) (31) To carry out the purposes and object of the corporation.
(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
funds.
(32) (33) To establish fees for licenses, services, and records. The
corporation may accept payment by credit card for fees.
IC 5-14-3-8(d) does not apply to fees established under this
subdivision for certificates of birth, death, or stillbirth
registration.
(33) (34) To use levied taxes or other funds to make
intergovernmental transfers to the state to fund governmental
health care programs, including Medicaid and Medicaid
supplemental programs.
(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:
(1) Prophylaxis.
(2) Fluoride application.
(3) Sealants.
However, the treatment must be completed not more than ninety (90)
days after the dentist prescribes the treatment plan. This subsection
expires June 30, 2009.
SOURCE: IC 16-27-2-5; (08)CC117202.1.12. -->
SECTION 12. IC 16-27-2-5, AS AMENDED BY P.L.197-2007,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (b), a
person who operates a home health agency under IC 16-27-1 or a
personal services agency under IC 16-27-4 may not employ a person to
provide services in a patient's or client's temporary or permanent
residence if a determination of that person's limited criminal history
check or national criminal history background check indicates that the
person has been convicted of any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the conviction for theft occurred less
than ten (10) years before the person's employment application
date.
(6) A felony that is substantially equivalent to a felony listed
in subdivisions (1) through (2) for which the conviction was
entered in another state.
(b) A home health agency or personal services agency may not
employ a person to provide services in a patient's or client's temporary
or permanent residence for more than twenty-one (21) calendar days
without receipt of a determination of that person's limited criminal
history or national criminal history background check required by
section 4 of this chapter, unless either the state police department or the
Federal Bureau of Investigation under IC 10-13-3-39 is responsible for
failing to provide the determination of the person's limited criminal
history or national criminal history background check to the home
health agency or personal services agency within the time required
under this subsection.
SOURCE: IC 16-28-11-5.5; (08)CC117202.1.13. -->
SECTION 13. IC 16-28-11-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 5.5. (a) This section does not
apply to the implementation of a do not resuscitate order.
(b) This article does not require an employee of a health facility
to provide cardiopulmonary resuscitation (CPR) or other
intervention on a patient if a registered nurse licensed under
IC 25-23 or a physician licensed under IC 25-22.5 who is employed
by the health facility has determined that the following criteria
have been met:
(1) The patient has experienced an unwitnessed cessation of
circulatory and respiratory functions.
(2) The patient is unresponsive.
(3) The patient's pupils are fixed and dilated.
(4) The patient's body temperature indicates hypothermia.
(5) The patient has generalized cyanosis.
(6) The patient has livor mortis.
SOURCE: IC 24-4-15-5; (08)CC117202.1.14. -->
SECTION 14. IC 24-4-15-5, AS ADDED BY P.L.129-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 5. An owner or operator of a health club shall do
the following:
(1) Ensure that a defibrillator is:
(A) located on the health club premises and is easily accessible
to the health club staff, members, and guests; or
(B) if:
(i) the health club is located on the premises of a business
of which the health club is a part; and
(ii) the business has an emergency response team;
located on the premises of the business and easily
accessible to the emergency response team.
(2) Employ at least one (1) individual who:
(A) has satisfactorily completed a course approved by the
American Red Cross or the American Heart Association
consistent with the most current national guidelines for;
and
(B) is currently certified in;
cardiopulmonary resuscitation and defibrillator use.
(3) Reasonably ensure that at least one (1) individual described
under in subdivision (2) is on the health club premises when staff
is present at the health club during the health club's business
hours.
(4) A health club that is not staffed must have the following on
the premises:
(A) A telephone for 911 telephone call access.
(B) A sign in plain view containing an advisory warning that
indicates that members of the unstaffed health spa club should
be aware that working out alone may pose risks to the a health
spa club member's health and safety.
(C) A sign in plain view providing instruction in the use of the
automated external defibrillator and in cardiopulmonary
resuscitation.
(5) Ensure compliance with the requirements set forth in
IC 16-31-6.5.
(6) Post a sign at each entrance to the health club that indicates
the location of each defibrillator.
SOURCE: IC 24-4-15-7; (08)CC117202.1.15. -->
SECTION 15. IC 24-4-15-7, AS ADDED BY P.L.129-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 7. (a) The:
(1) state department and the division of fire and building safety
may inspect a health club at any time:
(1) (A) according to rules adopted by the state department; or
(2) (B) in response to a filed complaint alleging
noncompliance with this chapter; and
(2) fire department that serves the area in which a health club
is located shall inspect the health club for compliance with
this chapter if the health club is inspected as part of an
inspection program under IC 36-8-17-8.
(b) A fire department may inspect a health club for compliance with
this chapter as part of an inspection program under IC 36-8-17-8.
SOURCE: IC 25-1-7-1; (08)CC117202.1.16. -->
SECTION 16. IC 25-1-7-1, AS AMENDED BY P.L.185-2007,
SECTION 4, AS AMENDED BY P.L.193-2007, SECTION 4, AND
AS AMENDED BY P.L.200-2007, SECTION 5, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: 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
protection.
"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
section; and
(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 and 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
(IC 25-31-1-3).
(11) Indiana state board of health facility administrators
(IC 25-19-1).
(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
(IC 25-35.6-2).
(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 detectives investigator and security guard licensing
board (IC 25-30-1-5.1). (IC 25-30-1-5.2).
(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
(IC 25-34.1-8).
(29) State board of registration for land surveyors
(IC 25-21.5-2-1).
(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, for out-of-state mobile health
care entities.
(37) (38) State board of massage therapy (IC 25-21.8-2-1).
(37) (38) (39) Any other occupational or professional agency
created after June 30, 1981.
SOURCE: IC 25-2.5-2-3; (08)CC117202.1.17. -->
SECTION 17. IC 25-2.5-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. (a) An applicant
may, upon the payment of a fee established by the board, be granted a
license if the applicant:
(1) submits satisfactory evidence to the board that the applicant
has been licensed to practice acupuncture in another state or
authorized in another country
under qualifications substantially
equivalent to those specified in this chapter for a license to
practice acupuncture;
(2) meets the requirements of section 1(1) through 1(4) of this
chapter; and
(3) shows to the satisfaction of the board that the applicant
has:
(A) successfully completed a clean needle technique course
substantially equivalent to a clean needle technique course
approved by a national acupuncture association approved
by the board;
(B) successfully completed a three (3) year postsecondary
training program or acupuncture college program that
meets the standards substantially equivalent to the
standards for a three (3) year postsecondary training
program or acupuncture college program approved by a
national acupuncture association approved by the board;
and
(C) passed an examination substantially equivalent to the
examination required by a national acupuncture
association approved by the board.
(b) An applicant may, upon the payment of a fee established by the
board, be granted a professional's license to practice acupuncture if the
applicant submits satisfactory evidence to the board that the applicant
is a:
(1) chiropractor licensed under IC 25-10;
(2) dentist licensed under IC 25-14; or
(3) podiatrist licensed under IC 25-29;
with at least two hundred (200) hours of acupuncture training.
(c) The board shall:
(1) compile, at least once every two (2) years, a list of courses and
institutions that provide training approved for the purpose of
qualifying an individual for a professional's license under
subsection (b); and
(2) adopt rules that set forth procedures for the case by case
approval of training under subsection (b).
(d) If an individual's license described in subsection (b)(1), (b)(2),
or (b)(3) is subject to any restrictions as the result of disciplinary action
taken against the individual by the board that regulates the individual's
profession, the same restrictions shall be applied to the individual's
professional's license to practice acupuncture.
(e) An individual's professional's license issued under subsection (b)
shall be suspended if the individual's license described under
subsection (b)(1), (b)(2), or (b)(3) is suspended.
(f) An individual's professional's license issued under subsection (b)
shall be revoked if the individual's license described under subsection
(b)(1), (b)(2), or (b)(3) is revoked.
(g) The practice of acupuncture by an individual issued a
professional's license under subsection (b) is limited to the scope of
practice of the individual's license described in subsection (b)(1),
(b)(2), or (b)(3).
SOURCE: IC 25-2.5-3-3; (08)CC117202.1.18. -->
SECTION 18. IC 25-2.5-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. (a) Subject to section
1 of this chapter, it is unlawful to practice acupuncture without a
license issued under this article.
(b) Subject to subsection (c), it is unlawful for a licensed
acupuncturist, other than a chiropractor licensed under IC 25-10,
podiatrist licensed under IC 25-29, or dentist licensed under IC 25-14,
to practice acupuncture on a patient unless the acupuncturist obtains:
(1) a written letter of referral; and
(2) either:
(A) a written diagnosis of the patient; or
(B) written documentation relating to the condition for which
the patient receives acupuncture;
from an individual licensed under IC 25-22.5 within the twelve (12)
months immediately preceding the date of acupuncture treatment.
(c) An acupuncturist licensed under this article may practice
auricular acupuncture on a patient for the purpose of treating
alcoholism, substance abuse, or chemical dependency without a written
letter of referral or written diagnosis from a physician licensed under
IC 25-22.5.
(d) (b) If a licensed acupuncturist practices acupuncture on a patient
after having obtained a written letter of referral or written diagnosis of
the patient from a physician licensed under IC 25-22.5, as described in
subsection (b), the physician is immune from civil liability relating to
the patient's or acupuncturist's use of that diagnosis or referral except
for acts or omissions of the physician that amount to gross negligence
or willful or wanton misconduct.
SOURCE: IC 25-13-1-2; (08)CC117202.1.19. -->
SECTION 19. IC 25-13-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. As used in this
article:
(a) "Dental hygienist" means one who is especially educated and
trained in the science and art of maintaining the dental health of the
individual or community through prophylactic or preventive measures
applied to the teeth and adjacent structures.
(b) "License" means the license to practice dental hygiene issued by
the state board of dentistry to dental hygienist candidates who
satisfactorily pass the board's examinations.
(c) "Board" means the state board of dentistry established by
IC 25-14-1.
(d) "Proprietor dentist" means a licensed dentist who is the owner
and operator of the dental office in which he practices the profession
of dentistry and who employs at least one (1) dentist or dental hygienist
to supplement his operation and conduct of his dental office.
(e) "Employer dentist" means a proprietor dentist who employs at
least one (1) dental hygienist to supplement his dental service to his
clientele.
(f) "Referral" means a recommendation that a patient seek further
dental care from a licensed dentist, but not a specific dentist.
(g) "Screening" means to identify and assess the health of the hard
or soft tissues of the human oral cavity.
(h) "Public health setting" means a location, including a mobile
health care vehicle, where the public is invited for health care,
information, and services by a program sponsored or endorsed by a
governmental entity or charitable organization.
(i) "Direct supervision" means that a licensed dentist is
physically present in the facility when patient care is provided by
the dental hygienist.
(j) "Prescriptive supervision" means that a licensed dentist is
not required to be physically present in the facility when patient
care is provided by the dental hygienist if a licensed dentist has
examined the patient and has prescribed the patient care within the
previous forty-five (45) days.
SOURCE: IC 25-13-1-10; (08)CC117202.1.20. -->
SECTION 20. IC 25-13-1-10, AS AMENDED BY P.L.121-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 10. (a) A licensed dental hygienist may
be
employed to practice dental hygiene in Indiana in the following:
(1)
The A dental office
or clinical setting, except as described
in subdivisions (3) through (5), where the dental hygienist is
practicing under the direct supervision of a legally practicing
proprietor dentist.
(2) A dental school or dental hygiene school to teach and
demonstrate the practice of dental hygiene
if direct supervision
by a licensed dentist is provided for training on providing
local anesthetics by injection.
(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 where the dental
hygienist is practicing under the
direct or prescriptive
supervision of a licensed dentist.
(4) The dental clinic of a bona fide hospital, sanitarium, or
eleemosynary charitable 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
direct or prescriptive 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 institution.
(5) The A:
(A) fixed charitable dental care clinic; of an industrial or a
commercial establishment in which the licensee's services are
(B) public health setting; or
(C) correctional institution;
that has been approved by the board and where the dental
hygienist is under the direct or prescriptive supervision of a
licensed dentist.
(b) A licensed dental hygienist may provide without supervision the
following:
(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
provided.
(3) (2) Screening and referrals for any person in a public health
setting.
(4) Services as provided in IC 16-20-1-14 and IC 16-22-8-34.
SOURCE: IC 25-13-1-10.6; (08)CC117202.1.21. -->
SECTION 21. IC 25-13-1-10.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 10.6. (a) A licensed dental
hygienist may administer local dental anesthetics under the direct
supervision of a licensed dentist if the dental hygienist has:
(1) completed board approved educational requirements,
including cardiopulmonary resuscitation and emergency care
training; and
(2) received a board issued dental hygiene anesthetic permit.
(b) Local dental anesthetics do not include nitrous oxide or
similar anesthetics.
SOURCE: IC 25-13-1-11; (08)CC117202.1.22. -->
SECTION 22. IC 25-13-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11. A person is deemed
to be practicing dental hygiene within the meaning of this chapter who:
(1) uses the titles "Licensed Dental Hygienist", "Dental
Hygienist", or the letters "L.D.H." or "D.H." in connection with
his or her name;
(2) holds himself or herself out to the public in any manner that
he or she can or will render services as a dental hygienist;
(3) removes calcific deposits or accretions from the surfaces of
human teeth or cleans or polishes such teeth;
(4) applies and uses within the patient's mouth such antiseptic
sprays, washes, or medicaments for the control or prevention of
dental caries as his or her employer dentist may direct;
(5) treats gum disease;
or
(6) uses impressions and x-ray photographs for treatment
purposes;
or
(7) administers local dental anesthetics, except for the
administration of local dental anesthetics by:
(A) a dentist as provided in IC 25-14-1-23(a)(6); or
(B) a physician licensed under IC 25-22.5.
SOURCE: IC 25-14-1-1.5; (08)CC117202.1.23. -->
SECTION 23. IC 25-14-1-1.5, AS AMENDED BY P.L.1-2006,
SECTION 430, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1.5. As used in this article:
"Agency" refers to the Indiana professional licensing agency
established by IC 25-1-5-3.
"Board" refers to the state board of dentistry established under this
chapter.
"Deep sedation" means a controlled state of depressed
consciousness, accompanied by partial loss of protective reflexes,
including inability to respond purposefully to verbal command,
produced by a pharmacologic method.
"Dental assistant" means a qualified dental staff member, other
than a licensed dental hygienist, who assists a licensed dentist with
patient care while working under the dentist's direct supervision.
"Direct supervision" means that a licensed dentist is physically
present in the facility when patient care is provided by the dental
assistant.
"General anesthesia" means a controlled state of unconsciousness,
accompanied by partial or complete loss of protective reflexes,
including inability to independently maintain an airway and respond
purposefully to physical stimulation or verbal command, produced by
a pharmacologic method.
"Light parenteral conscious sedation" means a minimally depressed
level of consciousness under which an individual retains the ability to
independently and continuously maintain an airway and respond
appropriately to physical stimulation and verbal command, produced
by an intravenous pharmacologic method.
SOURCE: IC 25-14-1-23; (08)CC117202.1.24. -->
SECTION 24. IC 25-14-1-23, AS AMENDED BY P.L.121-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 23. (a) A person is practicing dentistry within the
meaning of this chapter if the person does any of the following:
(1) Uses the word "dentist" or "dental surgeon", the letters
"D.D.S." or "D.M.D.", or other letters or titles in connection with
dentistry.
(2) Directs and controls the treatment of patients within a place
where dental services are performed.
(3) Advertises or permits to be advertised by sign, card, circular,
handbill, newspaper, radio, or otherwise that
he the person can
or will attempt to perform dental operations of any kind.
(4) Offers to diagnose or professes to diagnose or treats or
professes to treat any of the lesions or diseases of the human oral
cavity, teeth, gums, or maxillary or mandibular structures.
(5) Extracts human teeth or corrects malpositions of the teeth or
jaws.
(6) Except as provided in IC 25-13-1-10.5
and IC 25-13-1-10.6,
administers dental anesthetics.
(7) Uses x-ray pictures for dental diagnostic purposes.
(8) Makes impressions or casts of any oral tissues or structures for
the purpose of diagnosis or treatment thereof or for the
construction, repair, reproduction, or duplication of any prosthetic
device to alleviate or cure any oral lesion or replace any lost oral
structures, tissue, or teeth.
(9) Advertises to the public by any method, except trade and
professional publications, to furnish, supply, construct, reproduce,
repair, or adjust any prosthetic denture, bridge, appliance, or other
structure to be worn in the human mouth.
(10) Is the employer of a dentist who is hired to provide dental
services.
(11) Directs or controls the use of dental equipment or dental
material while the equipment or material is being used to provide
dental services. However, a person may lease or provide advice
or assistance concerning dental equipment or dental material if
the person does not restrict or interfere with the custody, control,
or use of the equipment or material by the dentist. This
subdivision does not prevent a dental hygienist who is licensed
under IC 25-13 from owning dental equipment or dental materials
within the dental hygienist's scope of practice.
(12) Directs, controls, or interferes with a dentist's clinical
judgment.
(13) Exercises direction or control over a dentist through a written
contract concerning the following areas of dental practice:
(A) The selection of a patient's course of treatment.
(B) Referrals of patients, except for requiring referrals to be
within a specified provider network, subject to the exceptions
under IC 27-13-36-5.
(C) Content of patient records.
(D) Policies and decisions relating to refunds, if the refund
payment would be reportable under federal law to the National
Practitioner Data Bank, and warranties.
(E) The clinical content of advertising.
(F) Final decisions relating to the employment of dental office
personnel.
However, this subdivision does not prohibit a person from
providing advice or assistance concerning the areas of dental
practice referred to in this subdivision or an insurer (as defined in
IC 27-1-26-1) from carrying out the applicable provisions of
IC 27 under which the insurer is licensed.
However, a person does not have to be a dentist to be a manufacturer
of dental prostheses.
(b) In addition to subsection (a), a person is practicing dentistry who
directly or indirectly by any means or method furnishes, supplies,
constructs, reproduces, repairs, or adjusts any prosthetic denture,
bridge, appliance, or any other structure to be worn in the human
mouth and delivers the resulting product to any person other than the
duly licensed dentist upon whose written work authorization the work
was performed. A written work authorization shall include the
following:
(1) The name and address of the dental laboratory to which it is
directed.
(2) The case identification.
(3) A specification of the materials to be used.
(4) A description of the work to be done and, if necessary,
diagrams thereof.
(5) The date of issuance of the authorization.
(6) The signature and address of the licensed dentist or other
dental practitioner by whom the work authorization is issued.
A separate work authorization shall be issued for each patient of the
issuing licensed dentist or other dental practitioner for whom dental
technological work is to be performed.
(c) This section shall not apply to those procedures which a legally
licensed and practicing dentist may delegate to
competent office
personnel a dental assistant as to which procedures the dentist
exercises
direct supervision and responsibility.
Delegated
(d) Procedures
delegated by a dentist may not include
either: the
following:
(1) Those procedures which require professional judgment and
skill such as diagnosis, treatment planning,
and the cutting of hard
or soft tissues, or any intraoral impression which would lead to
the fabrication of
an appliance, which, when worn by the patient,
would come in direct contact with hard or soft tissues and which
could result in tissue irritation or injury; or a final prosthetic
appliance.
(2)
those Except for procedures described in subsections (g)
and (h), procedures delegated to a dental assistant may not
include procedures allocated under IC 25-13-1 to
a licensed
dental
hygienists. hygienist.
(e) This chapter shall not prevent dental students from performing
dental operations under the supervision of competent instructors within
the dental school or a university recognized by the board or in any
public clinic under the supervision of the authorized superintendent of
such clinic authorized under the authority and general direction of the
board of health or school board of any city or town in Indiana.
(d) (f) Licensed pharmacists of this state may fill prescriptions of
licensed dentists of this state for any drug necessary in the practice of
dentistry.
(g) Notwithstanding IC 25-13-1-11(4), a dental assistant who has
completed a board approved curriculum may apply medicaments
for the control or prevention of dental caries under the direct
supervision of a licensed dentist. The curriculum must include
instruction on the following:
(1) Ethics and jurisprudence.
(2) Reasons for fluorides.
(3) Systemic fluoride.
(4) Topical fluoride.
(5) Fluoride application.
(6) Laboratory work on topical fluoride applications and
patient competency.
(h) Notwithstanding IC 25-13-1-11(3), a dental assistant who has
completed a board approved curriculum may polish the coronal
surface of teeth under the direct supervision of a licensed dentist.
The curriculum must include instruction on the following:
(1) Ethics and jurisprudence.
(2) Plaque and materia alba.
(3) Intrinsic and extrinsic stain.
(4) Abrasive agents.
(5) Use of a slow speed hand piece, prophy cup, and occlusal
polishing brush.
(6) Theory of selective polishing.
(7) Laboratory work concerning slow speed hand piece, hand
dexterity, and patient competency.
SOURCE: IC 25-20.5-1-1; (08)CC117202.1.25. -->
SECTION 25. IC 25-20.5-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. This chapter does not
apply to the following if the person has received training in the
performance of hypnotism:
(1) A licensed dentist practicing dentistry under IC 25-14.
(2) A licensed physician practicing medicine under IC 25-22.5.
(3) A licensed osteopath practicing medicine under IC 25-22.5.
(4) A licensed psychologist practicing psychology under
IC 25-33.
(5) A certified licensed social worker or clinical social worker
practicing social work or clinical social work under IC 25-23.6.
(6) A registered nurse licensed under IC 25-23.
(7) A certified licensed marriage and family therapist practicing
marriage and family therapy under IC 25-23.6.
(8) A licensed mental health counselor practicing mental
health counseling under IC 25-23.6.
(8) (9) An individual who teaches Lamaze prenatal and delivery
relaxation techniques to pregnant women.
(9) (10) A law enforcement officer who:
(A) is trained in hypnotism; and
(B) uses hypnosis only for law enforcement purposes.
(10) (11) A licensed chiropractor practicing the science of
chiropractic under IC 25-10.
(11) (12) An individual who performs hypnotism exclusively for
entertainment or amusement purposes at a theater, night club, or
other place that offers entertainment to the public for
consideration or promotional purposes.
SOURCE: IC 25-23-1-1.1; (08)CC117202.1.26. -->
SECTION 26. IC 25-23-1-1.1, AS AMENDED BY P.L.1-2007,
SECTION 170, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1.1. (a) As used in this chapter,
"registered nurse" means a person who holds a valid license issued:
(1) under this chapter;
or
(2) by a party state (as defined in IC 25-23.3-2-11); and
who bears primary responsibility and accountability for nursing
practices based on specialized knowledge, judgment, and skill derived
from the principles of biological, physical, and behavioral sciences.
(b) As used in this chapter, "registered nursing" means performance
of services which include but are not limited to:
(1) assessing health conditions;
(2) deriving a nursing diagnosis;
(3) executing a nursing regimen through the selection,
performance, and management of nursing actions based on
nursing diagnoses;
(4) advocating the provision of health care services through
collaboration with or referral to other health professionals;
(5) executing regimens delegated by a physician with an
unlimited license to practice medicine or osteopathic medicine, a
licensed dentist, a licensed chiropractor, a licensed optometrist,
or a licensed podiatrist;
(6) teaching, administering, supervising, delegating, and
evaluating nursing practice;
(7) delegating tasks which assist in implementing the nursing,
medical, or dental regimen; or
(8) performing acts which are approved by the board or by the
board in collaboration with the medical licensing board of
Indiana.
(c) As used in this chapter, "assessing health conditions" means the
collection of data through means such as interviews, observation, and
inspection for the purpose of:
(1) deriving a nursing diagnosis;
(2) identifying the need for additional data collection by nursing
personnel; and
(3) identifying the need for additional data collection by other
health professionals.
(d) As used in this chapter, "nursing regimen" means preventive,
restorative, maintenance, and promotion activities which include
meeting or assisting with self-care needs, counseling, and teaching.
(e) As used in this chapter, "nursing diagnosis" means the
identification of needs which are amenable to nursing regimen.
SOURCE: IC 25-23-1-1.2; (08)CC117202.1.27. -->
SECTION 27. IC 25-23-1-1.2, AS AMENDED BY P.L.1-2007,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1.2. As used in this chapter,
"licensed practical nurse" means a person who holds a valid license
issued under this chapter or by a party state (as defined in
IC 25-23.3-2-11) and who functions at the direction of:
(1) a registered nurse;
(2) a physician with an unlimited license to practice medicine or
osteopathic medicine;
(3) a licensed dentist;
(4) a licensed chiropractor;
(5) a licensed optometrist; or
(6) a licensed podiatrist;
in the performance of activities commonly performed by practical
nurses and requiring special knowledge or skill.
SOURCE: IC 25-23-1-7; (08)CC117202.1.28. -->
SECTION 28. IC 25-23-1-7, AS AMENDED BY P.L.1-2007,
SECTION 172, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 7. (a) The board shall do the
following:
(1) Adopt under IC 4-22-2 rules necessary to enable it to carry
into effect this chapter.
(2) Prescribe standards and approve curricula for nursing
education programs preparing persons for licensure under this
chapter.
(3) Provide for surveys of such programs at such times as it
considers necessary.
(4) Accredit such programs as meet the requirements of this
chapter and of the board.
(5) Deny or withdraw accreditation from nursing education
programs for failure to meet prescribed curricula or other
standards.
(6) Examine, license, and renew the license of qualified
applicants.
(7) Issue subpoenas, compel the attendance of witnesses, and
administer oaths to persons giving testimony at hearings.
(8) Cause the prosecution of all persons violating this chapter and
have power to incur necessary expenses for these prosecutions.
(9) Adopt rules under IC 4-22-2 that do the following:
(A) Prescribe standards for the competent practice of
registered, practical, and advanced practice nursing.
(B) Establish with the approval of the medical licensing board
created by IC 25-22.5-2-1 requirements that advanced practice
nurses must meet to be granted authority to prescribe legend
drugs and to retain that authority.
(C) Establish, with the approval of the medical licensing board
created by IC 25-22.5-2-1, requirements for the renewal of a
practice agreement under section 19.4 of this chapter, which
shall expire on October 31 in each odd-numbered year.
(10) Keep a record of all its proceedings.
(11) Collect and distribute annually demographic information on
the number and type of registered nurses and licensed practical
nurses employed in Indiana.
(12) Adopt rules and administer the interstate nurse licensure
compact under IC 25-23.3.
(b) The board may do the following:
(1) Create ad hoc subcommittees representing the various nursing
specialties and interests of the profession of nursing. Persons
appointed to a subcommittee serve for terms as determined by the
board.
(2) Utilize the appropriate subcommittees so as to assist the board
with its responsibilities. The assistance provided by the
subcommittees may include the following:
(A) Recommendation of rules necessary to carry out the duties
of the board.
(B) Recommendations concerning educational programs and
requirements.
(C) Recommendations regarding examinations and licensure
of applicants.
(3) Appoint nurses to serve on each of the ad hoc subcommittees.
(4) Withdraw from the interstate nurse licensure compact
under IC 25-23.2 (repealed).
(5) If requested by the nonprofit corporation formed under
IC 12-31-1-3, provide assistance to the public umbilical cord
blood bank and umbilical cord blood donation initiative.
(c) Nurses appointed under subsection (b) must:
(1) be committed to advancing and safeguarding the nursing
profession as a whole; and
(2) represent nurses who practice in the field directly affected by
a subcommittee's actions.
SOURCE: IC 25-23-1-11; (08)CC117202.1.29. -->
SECTION 29. IC 25-23-1-11, AS AMENDED BY P.L.1-2007,
SECTION 173, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 11. (a) Any person who applies to
the board for a license to practice as a registered nurse must:
(1) not have:
(A) been convicted of a crime that has a direct bearing on the
person's ability to practice competently; or
(B) committed an act that would constitute a ground for a
disciplinary sanction under IC 25-1-9;
(2) have completed:
(A) the prescribed curriculum and met the graduation
requirements of a state accredited program of registered
nursing that only accepts students who have a high school
diploma or its equivalent as determined by the board; or
(B) the prescribed curriculum and graduation requirements of
a nursing education program in a foreign country that is
substantially equivalent to a board approved program as
determined by the board. The board may by rule adopted under
IC 4-22-2 require an applicant under this subsection to
successfully complete an examination approved by the board
to measure the applicant's qualifications and background in the
practice of nursing and proficiency in the English language;
and
(3) be physically and mentally capable of and professionally
competent to safely engage in the practice of nursing as
determined by the board.
The board may not require a person to have a baccalaureate degree in
nursing as a prerequisite for licensure.
(b) The applicant must pass an examination in such subjects as the
board may determine.
(c) The board may issue by endorsement a license to practice as a
registered nurse to an applicant who has been licensed as a registered
nurse, by examination, under the laws of another state if the applicant
presents proof satisfactory to the board that, at the time that the
applicant applies for an Indiana license by endorsement, the applicant
holds a current license in another state and possesses credentials and
qualifications that are substantially equivalent to requirements in
Indiana for licensure by examination. The board may specify by rule
what constitutes substantial equivalence under this subsection.
(d) The board may issue by endorsement a license to practice as a
registered nurse to an applicant who:
(1) has completed the English version of the:
(A) Canadian Nurse Association Testing Service Examination
(CNAT); or
(B) Canadian Registered Nurse Examination (CRNE);
(2) achieved the passing score required on the examination at the
time the examination was taken;
(3) is currently licensed in a Canadian province or in another
state; and
(4) meets the other requirements under this section.
(e) Each applicant for examination and registration to practice as a
registered nurse shall pay a fee set by the board, The board may set a
proctoring fee to be paid by applicants who are graduates of a state
accredited school in another state. a part of which must be used for
the rehabilitation of impaired registered nurses and impaired
licensed practical nurses. Payment of the fee or fees shall be made by
the applicant prior to the date of examination. The lesser of the
following amounts from fees collected under this subsection shall
be deposited in the impaired nurses account of the state general
fund established by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license application fee
per license applied for under this section.
(2) The cost per license to operate the impaired nurses
program, as determined by the Indiana professional licensing
agency.
(f) Any person who holds a license to practice as a registered nurse
in:
(1) Indiana; or
(2) a party state (as defined in IC 25-23.3-2-11);
may use the title "Registered Nurse" and the abbreviation "R.N.". No
other person shall practice or advertise as or assume the title of
registered nurse or use the abbreviation of "R.N." or any other words,
letters, signs, or figures to indicate that the person using same is a
registered nurse.
SOURCE: IC 25-23-1-12; (08)CC117202.1.30. -->
SECTION 30. IC 25-23-1-12, AS AMENDED BY P.L.1-2007,
SECTION 174, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 12. (a) A person who applies to the
board for a license to practice as a licensed practical nurse must:
(1) not have been convicted of:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the person's ability to
practice competently;
(2) have completed:
(A) the prescribed curriculum and met the graduation
requirements of a state accredited program of practical nursing
that only accepts students who have a high school diploma or
its equivalent, as determined by the board; or
(B) the prescribed curriculum and graduation requirements of
a nursing education program in a foreign country that is
substantially equivalent to a board approved program as
determined by the board. The board may by rule adopted under
IC 4-22-2 require an applicant under this subsection to
successfully complete an examination approved by the board
to measure the applicant's qualifications and background in the
practice of nursing and proficiency in the English language;
and
(3) be physically and mentally capable of, and professionally
competent to, safely engage in the practice of practical nursing as
determined by the board.
(b) The applicant must pass an examination in such subjects as the
board may determine.
(c) The board may issue by endorsement a license to practice as a
licensed practical nurse to an applicant who has been licensed as a
licensed practical nurse, by examination, under the laws of another
state if the applicant presents proof satisfactory to the board that, at the
time of application for an Indiana license by endorsement, the applicant
possesses credentials and qualifications that are substantially
equivalent to requirements in Indiana for licensure by examination. The
board may specify by rule what shall constitute substantial equivalence
under this subsection.
(d) Each applicant for examination and registration to practice as a
practical nurse shall pay a fee set by the board, The board may set a
proctoring fee to be paid by applicants who are graduates of a state
accredited school in another state. a part of which must be used for
the rehabilitation of impaired registered nurses and impaired
licensed practical nurses. Payment of the fees shall be made by the
applicant before the date of examination. The lesser of the following
amounts from fees collected under this subsection shall be
deposited in the impaired nurses account of the state general fund
established by section 34 of this chapter:
(1) Twenty-five percent (25%) of the license application fee
per license applied for under this section.
(2) The cost per license to operate the impaired nurses
program, as determined by the Indiana professional licensing
agency.
(e) Any person who holds a license to practice as a licensed
practical nurse in:
(1) Indiana; or
(2) a party state (as defined in IC 25-23.3-2-11);
may use the title "Licensed Practical Nurse" and the abbreviation
"L.P.N.". No other person shall practice or advertise as or assume the
title of licensed practical nurse or use the abbreviation of "L.P.N." or
any other words, letters, signs, or figures to indicate that the person
using them is a licensed practical nurse.
SOURCE: IC 25-23-1-16.1; (08)CC117202.1.31. -->
SECTION 31. IC 25-23-1-16.1, AS AMENDED BY P.L.1-2006,
SECTION 451, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 16.1. (a) A license to practice as a
registered nurse expires on October 31 in each odd-numbered year.
Failure to renew the license on or before the expiration date will
automatically render the license invalid without any action by the
board.
(b) A license to practice as a licensed practical nurse expires on
October 31 in each even-numbered year. Failure to renew the license
on or before the expiration date will automatically render the license
invalid without any action by the board.
(c) The procedures and fee for renewal shall be set by the board.
(d) At the time of license renewal, each registered nurse and each
licensed practical nurse shall pay a renewal fee, a portion of which
shall be for the rehabilitation of impaired registered nurses and
impaired licensed practical nurses. The lesser of the following amounts
from fees collected under this subsection shall be deposited in the
impaired nurses account of the state general fund established by section
34 of this chapter:
(1) Sixteen percent (16%) Twenty-five percent (25%) of the
license renewal fee per license renewed under this section.
(2) The cost per license to operate the impaired nurses program,
as determined by the Indiana professional licensing agency.
SOURCE: IC 25-23-1-27; (08)CC117202.1.32. -->
SECTION 32. IC 25-23-1-27, AS AMENDED BY P.L.1-2007,
SECTION 175, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 27. A person who:
(1) sells or fraudulently obtains or furnishes any nursing diploma,
license or record;
(2) practices nursing under cover of any diploma or license or
record illegally or fraudulently obtained or assigned or issued
unlawfully or under fraudulent representation;
(3) practices nursing as a registered nurse or licensed practical
nurse unless licensed to do so under this chapter or IC 25-23.3;
(4) uses in connection with the person's name any designation
tending to imply that the person is a registered nurse or a licensed
practical nurse unless licensed to practice under this chapter or
IC 25-23.3;
(5) practices nursing during the time the person's license issued
under this chapter or IC 25-23.3 is suspended or revoked;
(6) conducts a school of nursing or a program for the training of
practical nurses unless the school or program has been accredited
by the board; or
(7) otherwise violates this chapter;
commits a Class B misdemeanor.
SOURCE: IC 25-23-1-34; (08)CC117202.1.33. -->
SECTION 33. IC 25-23-1-34, AS AMENDED BY P.L.1-2007,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 34. (a) The impaired nurses account
is established within the state general fund for the purpose of providing
money for providing rehabilitation of impaired registered nurses or
licensed practical nurses under this article. The account shall be
administered by the Indiana professional licensing agency.
(b) Expenses of administering the account shall be paid from money
in the account. The account consists of the following:
(1) Funds collected for the rehabilitation of impaired registered
nurses and impaired licensed practical nurses under
section
sections 11(e), 12(d), and 16.1(d) of this chapter.
(2) Funds collected under section 31(c)(2) of this chapter.
(3) Funds collected for the rehabilitation of impaired registered
nurses and impaired licensed practical nurses under
IC 25-23.2-3-5 (repealed).
(4) (3) Fines collected from registered nurses or licensed practical
nurses under IC 25-1-9-9(a)(6).
(c) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested.
(d) Money in the account is appropriated to the board for the
purpose stated in subsection (a).
SOURCE: IC 25-23.3; (08)CC117202.1.34. -->
SECTION 34. IC 25-23.3 IS ADDED TO THE INDIANA CODE
AS A
NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
ARTICLE 23.3. INTERSTATE NURSE LICENSURE
COMPACT
Chapter 1. Purpose
Sec. 1. It is the purpose of this compact to allow qualified nurses
who are licensed in a compact state to practice nursing in another
compact state and to reduce redundant licensing requirements of
nurses who practice in multiple states.
Chapter 2. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Adverse action" means a home or remote state action.
Sec. 3. "Alternative program" means a voluntary,
nondisciplinary monitoring program approved by a nurse licensing
board.
Sec. 4. "Board" has the meaning set forth in IC 25-23-1-1.
Sec. 5. "Coordinated licensure information system" means an
integrated process:
(1) for collecting, storing, and sharing information on nurse
licensure and enforcement activities related to nurse licensure
laws; and
(2) administered by a nonprofit organization composed of and
controlled by state nurse licensing boards.
Sec. 6. "Home state" means the party state that is a nurse's
primary state of residence.
Sec. 7. "Home state action" means any administrative, civil,
equitable, or criminal action permitted by the home state's laws
that are imposed on a nurse by the home state's licensing board,
including an action against an individual's license, such as
revocation, suspension, probation, or any other action that affects
a nurse's authorization to practice.
Sec. 8. "Licensing board" means a party state's regulatory body
responsible for issuing nurse licenses.
Sec. 9. "Multistate licensure privilege" means current, official
authority from a remote state permitting the practice of nursing as
either a registered nurse or a licensed practical/vocational nurse in
that party state. All party states have the authority, in accordance
with state due process law, to take actions against a nurse's
privilege, such as revocation, suspension, probation, or any other
action that affects a nurse's authorization to practice.
Sec. 10. "Nurse" means a registered nurse or licensed
practical/vocational nurse as defined by the state practice laws of
each party state.
Sec. 11. "Party state" means any state that has adopted this
compact.
Sec. 12. "Remote state" means a party state, other than the
home state:
(1) where a patient is located at the time nursing care is
provided; or
(2) in the case of the practice of nursing not involving a
patient, in a party state where the recipient of nursing
practice is located.
Sec. 13. "Remote state action" means:
(1) any administrative, civil, equitable, or criminal action
permitted by a remote state's laws that are imposed on a
nurse by the remote state's licensing board or other authority,
including actions against an individual's multistate licensure
privilege to practice in the remote state; and
(2) cease and desist and other injunctive or equitable orders
issued by remote states or the licensing boards of remote
states.
Sec. 14. "State" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of
Puerto Rico.
Sec. 15. "State practice laws" means the individual party state's
laws and rules that govern the practice of nursing, define the scope
of nursing practice, and create the methods and grounds for
imposing discipline. The term does not include the initial
qualifications for licensure or requirements necessary to obtain
and retain a license, except for qualifications or requirements of
the home state.
Chapter 3. General Provisions and Jurisdiction
Sec. 1. A license to practice registered nursing issued by a home
state to a resident in that state shall be recognized by each party
state as authorizing a multistate licensure privilege to practice as
a registered nurse in the party state. A license to practice licensed
practical/vocational nursing issued by a home state to a resident in
that state shall be recognized by each party state as authorizing a
multistate licensure privilege to practice as a licensed
practical/vocational nurse in the party state. To obtain or retain a
license, an applicant must meet the home state's qualifications for
licensure and license renewal and all other applicable state laws.
Sec. 2. A party state may, in accordance with state due process
laws, limit or revoke the multistate licensure privilege of any nurse
to practice in the state and may take any other actions under
applicable state laws necessary to protect the health and safety of
the state's citizens. If a party state takes such an action, it shall
promptly notify the administrator of the coordinated licensure
information system. The administrator of the coordinated licensure
information system shall promptly notify the home state of any
such actions by remote states.
Sec. 3. A nurse practicing in a party state must comply with the
state practice laws of the state in which a patient is located at the
time care is rendered. In addition, the practice of nursing is not
limited to patient care, but includes all nursing practice as defined
by the state practice laws of a party state. The practice of nursing
subjects a nurse to the jurisdiction of the nurse licensing board, the
courts, and the laws in that party state.
Sec. 4. This compact does not affect additional requirements
imposed by states for advanced practice registered nursing.
However, a multistate licensure privilege to practice registered
nursing granted by a party state shall be recognized by other party
states as a license to practice registered nursing if a license is
required by state law as a precondition for qualifying for advanced
practice registered nurse authorization.
Sec. 5. Individuals not residing in a party state continue to be
able to apply for nurse licensure as provided under the laws of
each party state. However, the license granted to these individuals
is not recognized as granting the privilege to practice nursing in
any other party state unless explicitly agreed to by that party state.
Chapter 4. Applications for Licensure in a Party State
Sec. 1. Upon application for a license, the licensing board in a
party state shall ascertain, through the coordinated licensure
information system, whether the applicant has ever held, or is the
holder of, a license issued by any other party state, whether there
are any restrictions on the multistate licensure privilege, and
whether any other adverse action by any state has been taken
against the license.
Sec. 2. A nurse in a party state may hold licensure in only one
(1) party state at a time, issued by the home state.
Sec. 3. A nurse who intends to change primary state of residence
may apply for licensure in the new home state before the change.
However, a new license may not be issued by a party state until a
nurse provides evidence of change in primary state of residence
satisfactory to the new home state's licensing board.
Sec. 4. (a) If a nurse:
(1) changes primary state of residence by moving between two
(2) party states; and
(2) obtains a license from the new home state;
the license from the former home state is no longer valid.
(b) If a nurse:
(1) changes primary state of residence by moving from a
nonparty state to a party state; and
(2) obtains a license from the new home state;
the individual state license issued by the nonparty state is not
affected and remains in force if provided by the laws of the
nonparty state.
(c) If a nurse changes primary state of residence by moving
from a party state to a nonparty state, the license issued by the
prior home state converts to an individual state license, valid only
in the former home state, without multistate licensure privilege to
practice in other party states.
Chapter 5. Adverse Actions
Sec. 1. The licensing board of a remote state shall promptly
report to the administrator of the coordinated licensure
information system any disciplinary actions taken by the licensing
entity or complaints filed by the attorney general, including the
factual and legal basis for such actions, if known. The licensing
board of a remote state shall promptly report any disciplinary
actions taken by the licensing entity or complaints filed by the
remote state's attorney general. The administrator of the
coordinated licensure information system shall promptly notify the
home state of any such reports.
Sec. 2. The licensing board of a party state has authority to
complete any pending investigation for a nurse who changes
primary state of residence during the course of the investigation.
The licensing board also has authority to take appropriate action
and shall promptly report the conclusions of such investigations to
the administrator of the coordinated licensure information system.
The administrator of the coordinated licensure information system
shall promptly notify the new home state of any such actions.
Sec. 3. A remote state may take adverse action affecting the
multistate licensure privilege to practice within the remote state.
However, only the home state has authority to impose adverse
action against the license issued by the home state.
Sec. 4. For purposes of imposing adverse action, the licensing
board of the home state shall give the same priority and effect to
reported conduct received from a remote state as it would if such
conduct had occurred within the home state. In so doing, it shall
apply its own state laws to determine appropriate action.
Sec. 5. The home state may take adverse action based on the
factual findings of a remote state, so long as each state follows its
own procedures for imposing such adverse action.
Sec. 6. This compact does not override a party state's decision
that participation in an alternative program may be used instead
of licensure action and that such participation shall remain
nonpublic if required by the party state's laws. Party states must
require nurses who enter any alternative programs to agree not to
practice in any other party state during the term of the alternative
program without prior authorization from the other party state.
Chapter 6. Additional Authority Invested in Party State Nurse
Licensing Boards
Sec. 1. Notwithstanding any other powers, a party state nurse
licensing board may do the following:
(1) If otherwise permitted by state law, recover from a nurse
the costs of investigations and disposition of cases resulting
from any adverse action taken against the nurse.
(2) Issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses and the
production of evidence. Subpoenas issued by a nurse licensing
board in a party state for the attendance and testimony of
witnesses and the production of evidence from another party
state shall be enforced in the latter state by a court with
jurisdiction, according to the practice and procedure of that
court applicable to subpoenas issued in proceedings pending
before it. The issuing authority shall pay any witness fees,
travel expenses, mileage, and other fees required by the
service statutes of the state where the witnesses and evidence
are located.
(3) Issue cease and desist orders to limit or revoke a nurse's
authority to practice in the state.
(4) Adopt uniform rules as provided for in IC 25-23.3-8-3.
Chapter 7. Coordinated Licensure Information System
Sec. 1. All party states shall participate in a cooperative effort
to create a coordinated data base of all licensed registered nurses
and licensed practical/vocational nurses. This system must include
information on the licensure and disciplinary history of each nurse,
as contributed by party states, to assist in the coordination of nurse
licensure and enforcement efforts.
Sec. 2. All party states' licensing boards shall promptly report
actions against multistate licensure privileges, disciplinary actions
taken by the licensing entity or complaints filed by the remote
state's attorney general, denials of applications, and the reasons for
such denials to the coordinated licensure information system.
Sec. 3. All party states' licensing boards contributing
information to the coordinated licensure information system may
designate information that may not be shared with nonparty states
or disclosed to other entities or individuals without the express
permission of the contributing state.
Sec. 4. Any personally identifiable information obtained by a
party state's licensing board from the coordinated licensure
information system may not be shared with nonparty states or
disclosed to other entities or individuals except to the extent
permitted by the laws of the party state contributing the
information.
Sec. 5. Any information contributed to the coordinated licensure
information system that is subsequently required to be expunged
by the laws of the party state contributing that information shall
also be expunged from the coordinated licensure information
system.
Sec. 6. The compact administrators, acting jointly and in
consultation with the administrator of the coordinated licensure
information system, shall formulate necessary and proper
procedures for the identification, collection, and exchange of
information under this compact.
Chapter 8. Compact Administration and Interchange of
Information
Sec. 1. The head of the nurse licensing board of each party state,
or that person's designee, shall be the administrator of this
compact for that person's state. For purposes of this article, the
executive director of the Indiana professional licensing agency or
the executive director's designee shall be the administrator of this
compact.
Sec. 2. The compact administrator of each party state shall
furnish to the compact administrator of each other party state any
information and documents, including, but not limited to, a
uniform data set of investigations, identifying information,
licensure data, and disclosable alternative program participation
information, to facilitate the administration of this compact.
Sec. 3. Compact administrators may develop uniform rules to
facilitate and coordinate implementation of this compact. These
uniform rules shall be adopted by a board under IC 25-23.3-6-1.
Chapter 9. Immunity
Sec. 1. Neither a party state nor an officer, employee, or agent
of a party state's nurse licensing board who acts in accordance
with this compact is liable on account of any act or omission in
good faith while engaged in the performance of duties under this
compact. Good faith in this article does not include willful
misconduct, gross negligence, or recklessness.
Chapter 10. Entry Into Force, Withdrawal, and Amendment
Sec. 1. This compact becomes effective as to any state when it
has been enacted into the laws of that state. Any party state may
withdraw from this compact.
Sec. 2. No withdrawal affects the validity or applicability by the
licensing boards of states remaining party to the compact of any
report of adverse action occurring before the withdrawal.
Sec. 3. This compact shall not be construed to invalidate or
prevent any nurse licensure agreement or other cooperative
arrangement between a party state and a nonparty state that is
made in accordance with this compact.
Sec. 4. This compact may be amended by the party states. No
amendment to this compact becomes effective and binding upon
the party states unless and until it is enacted into the laws of all
party states.
Chapter 11. Construction and Severability
Sec. 1. This compact shall be liberally construed to effectuate its
purposes. The provisions of this compact are severable and if any
phrase, clause, sentence, or provision of this compact is declared to
be contrary to the constitution of any party state or of the United
States or if the applicability of this compact to any government,
agency, person, or circumstance is held invalid, the validity of the
remainder of this compact and the applicability of this compact to
any government, agency, person, or circumstance are not affected
thereby. If this compact is held contrary to the constitution of any
party state, this compact remains in full force and effect as to the
remaining party states and in full force and effect as to the party
state affected as to a severable matter.
Sec. 2. If party states find a need for settling disputes arising
under this compact:
(1) the party states may submit the issues in dispute to an
arbitration panel comprised of an individual appointed by the
compact administrator in the home state, an individual
appointed by the compact administrator in each remote state
involved, and an individual mutually agreed upon by the
compact administrators of all the party states involved in the
dispute; and
(2) the decision of a majority of the arbitrators is final and
binding.
Sec. 3. (a) Notwithstanding any other law, this article does not
take effect until July 1, 2009.
(b) This article expires July 1, 2012.
SOURCE: IC 25-23.5-3-1.5; (08)CC117202.1.35. -->
SECTION 35. IC 25-23.5-3-1.5, AS ADDED BY P.L.197-2007,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1.5. (a) Except as provided in subsection (b), an
occupational therapist may not provide occupational therapy services
to a person until the person has been referred to the occupational
therapist by one (1) of the following:
(1) A physician licensed under IC 25-22.5.
(2) A podiatrist licensed under IC 25-29.
(3) An advanced practice nurse licensed under IC 25-23.
(4) A psychologist licensed under IC 25-33. or
(5) A chiropractor licensed under IC 25-10.
(6) An optometrist licensed under IC 25-24.
(b) An occupational therapist may provide the following services
without a referral from a physician licensed under IC 25-22.5, a
podiatrist licensed under IC 25-29, an advanced practice nurse licensed
under IC 25-23, a psychologist licensed under IC 25-33, or a
chiropractor licensed under IC 25-10, or an optometrist licensed
under IC 25-24:
(1) Ergonomic or home assessment.
(2) Injury or illness prevention education and wellness services.
(3) Occupational therapy activities provided in an educational
setting.
(4) Occupational therapy activities that the board determines,
after reviewing the recommendations of the committee, are
appropriate to be conducted in a community based environment.
SOURCE: IC 25-23.6-3-1; (08)CC117202.1.36. -->
SECTION 36. IC 25-23.6-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1.
(a) An individual
may not:
(1) profess to be a licensed marriage and family therapist;
(2) use the title:
(A) "licensed marriage and family therapist";
(B) "marriage and family therapist"; or
(C) "family therapist";
(3) use any other words, letters, abbreviations, or insignia
indicating or implying that the individual is a licensed marriage
and family therapist; or
(4) practice marriage and family therapy for compensation;
unless the individual is licensed under
this article, IC 25-22.5,
IC 25-23.6-8-1, or IC 25-33.
(b) An individual may not:
(1) profess to be a licensed marriage and family therapist
associate;
(2) use the title:
(A) "licensed marriage and family therapist associate";
(B) "marriage and family therapist associate"; or
(C) "family therapist associate";
(3) use any other words, letters, abbreviations, or insignia
indicating or implying that the individual is a licensed
marriage and family therapist associate; or
(4) practice marriage and family therapy for compensation;
unless the individual is licensed under IC 25-22.5, IC 25-23.6-8-1.5,
or IC 25-33.
(c) Subsections (a)(4) and (b)(4) do not apply to a person who is
described in section 2(a) of this chapter.
SOURCE: IC 25-23.6-3-2; (08)CC117202.1.37. -->
SECTION 37. IC 25-23.6-3-2, AS AMENDED BY P.L.2-2007,
SECTION 330, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2. (a) This article may not be
construed to limit the marriage and family therapy services performed
by a person who does not use a title specified in this article and who is
one (1) of the following:
(1) A licensed or certified health care professional acting within
the scope of the person's license or certificate.
(2) A student, an intern, or a trainee pursuing a course of study in
medicine or psychology or a course of study to gain licensure
under this article in an accredited eligible postsecondary
educational institution or training institution or is a graduate
accumulating experience required for licensure if:
(A) the activities are performed under qualified supervision
and constitute a part of the person's supervised course of study
or other level of supervision; and
(B) the student or graduate uses a title that contains the term
"intern" or "trainee".
(3) Not a resident of Indiana if the person performed services in
Indiana for not more than five (5) days in any one (1) month and
not more than fifteen (15) days in any one (1) calendar year and
the person is authorized to perform such services under the laws
of the state or country in which the person resides.
(4) A rabbi, priest, Christian Science practitioner, minister, or
other member of the clergy.
(5) An employee of or a volunteer for a nonprofit corporation or
an organization performing charitable, religious, or educational
functions, providing pastoral counseling or other assistance.
(6) A person who provides school counseling or a person who is
certified by a state or national organization that is recognized by
the Indiana division of mental health and addiction and who
provides counseling in the areas of alcohol or drug abuse
addictions.
(b) Nothing in this section prohibits a person referred to in
subsection (a) from qualifying for licensure under this article.
SOURCE: IC 25-23.6-3-4; (08)CC117202.1.38. -->
SECTION 38. IC 25-23.6-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) An individual
who is licensed as a marriage and family therapist under
IC 25-23.6-8-1 shall:
(1) display the license or a clear copy of the license at each
location where the marriage and family therapist regularly
practices; and
(2) include the words "licensed marriage and family therapist" or
the letters "LMFT" on all promotional materials, including
business cards, brochures, stationery, advertisements, and signs
that name the individual.
(b) An individual who is licensed as a marriage and family
therapist associate under IC 25-23.6-8-1.5 shall:
(1) display the license or a clear copy of the license at each
location where the marriage and family therapist associate
regularly practices; and
(2) include the words "licensed marriage and family therapist
associate" or the letters "LMFTA" on all promotional
materials, including business cards, brochures, stationery,
advertisements, and signs that name the individual.
SOURCE: IC 25-23.6-8-1; (08)CC117202.1.39. -->
SECTION 39. IC 25-23.6-8-1, AS AMENDED BY P.L.2-2007,
SECTION 337, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. An individual who applies for a
license as a marriage and family therapist must meet the following
requirements:
(1) Furnish satisfactory evidence to the board that the individual
has:
(A) received a master's or doctor's degree in marriage and
family therapy, or in a related area as determined by the board
from an eligible postsecondary educational institution that
meets the requirements under section 2.1(a)(1) of this chapter
or from a foreign school that has a program of study that meets
the requirements under section 2.1(a)(2) or (2.1)(a)(3) of this
chapter; and
(B) completed the educational requirements under section 2.5
of this chapter.
(2) Furnish satisfactory evidence to the board that the
individual has met the clinical experience requirements under
section 2.7 of this chapter.
(3) Furnish satisfactory evidence to the board that the
individual:
(A) holds a marriage and family therapist associate license,
in good standing, issued under section 5 of this chapter; or
(B) is licensed or certified to practice as a marriage and
family therapist in another state and is otherwise qualified
under this chapter.
(2) (4) Furnish satisfactory evidence to the board that the
individual does not have a conviction for a crime that has a direct
bearing on the individual's ability to practice competently.
(3) (5) Furnish satisfactory evidence to the board that the
individual has not been the subject of a disciplinary action by a
licensing or certification agency of another state or jurisdiction on
the grounds that the individual was not able to practice as a
marriage and family therapist without endangering the public.
(4) Pass an examination provided by the board.
(5) (6) Pay the fee established by the board.
SOURCE: IC 25-23.6-8-1.5; (08)CC117202.1.40. -->
SECTION 40. IC 25-23.6-8-1.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 1.5. An individual who applies for
a license as a marriage and family therapist associate must meet
the following requirements:
(1) Furnish satisfactory evidence to the board that the
individual has:
(A) received a master's or doctor's degree in marriage and
family therapy, or in a related area as determined by the
board from an institution of higher education that meets
the requirements under section 2.1(a)(1) of this chapter or
from a foreign school that has a program of study that
meets the requirements under section 2.1(a)(2) or 2.1(a)(3)
of this chapter; and
(B) completed the educational requirements under section
2.5 of this chapter.
(2) Furnish satisfactory evidence to the board that the
individual does not have a conviction for a crime that has a
direct bearing on the individual's ability to practice
competently.
(3) Furnish satisfactory evidence to the board that the
individual has not been the subject of a disciplinary action by
a licensing or certification agency of another state or
jurisdiction on the grounds that the individual was not able to
practice as a marriage and family therapist associate without
endangering the public.
(4) Pay the fee established by the board.
(5) Pass an examination provided by the board.
SOURCE: IC 25-23.6-8-2.1; (08)CC117202.1.41. -->
SECTION 41. IC 25-23.6-8-2.1, AS AMENDED BY P.L.2-2007,
SECTION 338, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2.1. (a) An applicant
for a license
as a marriage and family therapist under section 1 of this chapter
or
an applicant for a license as a marriage and family therapist
associate under section 1.5 of this chapter must have received a
master's or doctor's degree in marriage and family therapy, or in a
related area as determined by the board, from an eligible postsecondary
educational institution that meets the following requirements:
(1) If the institution was located in the United States or a territory
of the United States, at the time of the applicant's graduation the
institution was accredited by a regional accrediting body
recognized by the Commission on Recognition of Postsecondary
Accreditation.
(2) If the institution was located in Canada, at the time of the
applicant's graduation the institution was a member in good
standing with the Association of Universities and Colleges of
Canada.
(3) If the institution was located in a foreign country other than
Canada, at the time of the applicant's graduation the institution:
(A) was recognized by the government of the country where
the school was located as a program to train in the practice of
marriage and family therapy or psychotherapy; and
(B) maintained a standard of training substantially equivalent
to the standards of institutions accredited by a regional
accrediting body recognized by the Commission on
Recognition of Postsecondary Accreditation.
(b) An applicant
for a license as a marriage and family therapist
under section 1 of this chapter
or an applicant for a license as a
marriage and family therapist associate under section 1.5 of this
chapter who has a master's or doctoral degree from a program that did
not emphasize marriage and family therapy may complete the course
work requirement from an institution that is:
(1) accredited by the Commission on Accreditation for Marriage
and Family Therapy Education; and
(2) recognized by the United States Department of Education.
SOURCE: IC 25-23.6-8-2.5; (08)CC117202.1.42. -->
SECTION 42. IC 25-23.6-8-2.5, AS AMENDED BY P.L.2-2007,
SECTION 339, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2.5. (a) An applicant
for a license
as a marriage and family therapist under section 1 of this chapter
or
an applicant for a license as a marriage and family therapist
associate under section 1.5 of this chapter must complete the
following educational requirements:
(1) Except as provided in subsection (b), complete twenty-seven
(27) semester hours or forty-one (41) quarter hours of graduate
course work that must include graduate level course credits with
material in at least the following content areas:
(A) Theoretical foundations of marriage and family therapy.
(B) Major models of marriage and family therapy.
(C) Individual development.
(D) Family development and family relationships.
(E) Clinical problems.
(F) Collaboration with other disciplines.
(G) Sexuality.
(H) Gender and sexual orientation.
(I) Issues of ethnicity, race, socioeconomic status, and culture.
(J) Therapy techniques.
(K) Behavioral research that focuses on the interpretation and
application of research data as it applies to clinical practice.
The content areas may be combined into any one (1) graduate
level course, if the applicant can prove that the course work was
devoted to each content area.
(2) Not less than one (1) graduate level course of two (2) semester
hours or three (3) quarter hours in the following areas:
(A) Legal, ethical, and professional standards issues in the
practice of marriage and family therapy or an equivalent
course approved by the board.
(B) Appraisal and assessment for individual or interpersonal
disorder or dysfunction.
(3) At least one (1) supervised clinical practicum, internship, or
field experience in a marriage and family counseling setting that
meets the following requirements:
(A) The applicant provided five hundred (500) face to face
client contact hours of marriage and family therapy services
under the supervision of a licensed marriage and family
therapist who has at least five (5) years of experience or a
qualified supervisor approved by the board.
(B) The applicant received one hundred (100) hours of
supervision from a licensed marriage and family therapist who
has at least five (5) years experience as a qualified supervisor.
The requirements under
subdivisions clauses (A) and (B) may be
met by a supervised practice experience that took place away
from an institution of higher education but that is certified by an
official of the eligible postsecondary educational institution as
being equivalent to a graduate level practicum or internship
program at an institution accredited by an accrediting agency
approved by the United States Department of Education
Commission on Recognition of Postsecondary Education, the
Association of Universities and Colleges of Canada, or the
Commission on Accreditation for Marriage and Family Therapy
Education.
(b) The following graduate work may not be used to satisfy the
content area requirements under subsection (a):
(1) Thesis or dissertation work.
(2) Practicums, internships, or fieldwork.
SOURCE: IC 25-23.6-8-2.7; (08)CC117202.1.43. -->
SECTION 43. IC 25-23.6-8-2.7, AS AMENDED BY P.L.197-2007,
SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2.7. (a) An applicant for a license as a marriage
and family therapist under section 1 of this chapter must have at least
two (2) years of clinical experience, during which at least fifty percent
(50%) of the applicant's clients were receiving marriage and family
therapy services. The applicant's clinical experience must include one
thousand (1,000) hours of post degree clinical experience and two
hundred (200) hours of post degree clinical supervision, of which one
hundred (100) hours must be individual supervision, under the
supervision of a licensed marriage and family therapist who has at least
five (5) years of experience or an equivalent supervisor, as determined
by the board.
(b) Within the two (2) years Before an individual obtains any post
degree clinical experience, the individual must be licensed as a
marriage and family therapist associate under this chapter. When
obtaining the clinical experience required under subsection (a), the
applicant must provide direct individual, group, and family therapy and
counseling to the following categories of cases:
(1) Unmarried couples.
(2) Married couples.
(3) Separating or divorcing couples.
(4) Family groups, including children.
(c) A doctoral internship may be applied toward the supervised
work experience requirement.
(d) Except as provided in subsection (e), the experience requirement
may be met by work performed at or away from the premises of the
supervising marriage and family therapist.
(e) The work requirement may not be performed away from the
supervising marriage and family therapist's premises if:
(1) the work is the independent private practice of marriage and
family therapy; and
(2) the work is not performed at a place that has the supervision
of a licensed marriage and family therapist or an equivalent
supervisor, as determined by the board.
SOURCE: IC 25-23.6-8-3; (08)CC117202.1.44. -->
SECTION 44. IC 25-23.6-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. An individual who
satisfies the requirements of
sections 1 and 2 section 1.5(1) through
1.5(4) of this chapter may take the examination provided by the board.
SOURCE: IC 25-23.6-8-5; (08)CC117202.1.45. -->
SECTION 45. IC 25-23.6-8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. The board shall issue
a marriage and family therapist license or marriage and family
therapist associate license, as appropriate, to an individual who:
(1) achieves a passing score, as determined by the board, on the
examination provided under this chapter; and
(2) is otherwise qualified under this article.
SOURCE: IC 25-23.6-8-8; (08)CC117202.1.46. -->
SECTION 46. IC 25-23.6-8-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 8. (a) A marriage and
family therapist license issued by the board is valid for the remainder
of the renewal period in effect on the date the license was issued.
(b) An individual may renew a marriage and family therapist
license by:
(1) paying a renewal fee on or before the expiration date of the
license; and
(2) completing not less than fifteen (15) hours of continuing
education each licensure year.
(c) If an individual fails to pay a renewal on or before the expiration
date of a license, the license becomes invalid.
SOURCE: IC 25-23.6-8-8.5; (08)CC117202.1.47. -->
SECTION 47. IC 25-23.6-8-8.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 8.5. (a) A marriage and family
therapist associate license issued by the board is valid for the
remainder of the renewal period in effect on the date the license
was issued.
(b) An individual may renew a marriage and family therapist
associate license two (2) times by:
(1) paying a renewal fee on or before the expiration date of
the license; and
(2) completing at least fifteen (15) hours of continuing
education each licensure year.
(c) The board may renew a marriage and family therapist
associate license for additional periods based on circumstances
determined by the board.
(d) If an individual fails to pay a renewal fee on or before the
expiration date of a license, the license becomes invalid.
SOURCE: IC 25-23.6-8-9; (08)CC117202.1.48. -->
SECTION 48. IC 25-23.6-8-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 9. (a) The board may
reinstate an invalid
marriage and family therapist license
issued
under section 5 of this chapter up to three (3) years after the
expiration date of the license if the individual holding the invalid
license meets the requirements under IC 25-1-8-6.
(b) If more than three (3) years have elapsed since the date a
marriage and family therapist license expired, the individual holding
the license may renew the license by satisfying the requirements for
renewal established by the board and meeting the requirements under
IC 25-1-8-6.
(c) The board may reinstate an invalid marriage and family
therapist associate license issued under section 5 of this chapter up
to one (1) year after the expiration date of the license if the
individual holding the invalid license meets the requirements under
IC 25-1-8-6. An associate license that has been expired for more
than one (1) year may not be reinstated under IC 25-1-8-6.
SOURCE: IC 25-23.6-8-11; (08)CC117202.1.49. -->
SECTION 49. IC 25-23.6-8-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11. (a) An individual
who is licensed as a marriage and family therapist under this article
chapter shall notify the board in writing when the individual retires
from practice.
(b) Upon receipt of the notice, the board shall:
(1) record the fact the individual is retired; and
(2) release the individual from further payment of renewal fees
and continuing education requirements.
SOURCE: IC 25-23.6-8-13; (08)CC117202.1.50. -->
SECTION 50. IC 25-23.6-8-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 13. (a) An individual
who applies for a marriage and family therapist license under
section 1 of this article chapter may be exempted by the board from
the examination requirement under this chapter if the individual:
(1) complies with subsection (b); and
(1) (2) is licensed or certified to practice as a marriage and family
therapist in another state or (2) has engaged in the practice of
marriage and family therapy for at least three (3) of the previous
five (5) years.
(b) An individual may be exempted under subsection (a) if the
individual:
(3) (1) has passed a licensing examination substantially
equivalent to the licensing examination required under this
article;
(4) (2) has passed an examination pertaining to the marriage and
family therapy laws and rules of this state; and
(5) (3) has not committed any act or is not under investigation for
any act that constitutes a violation of this article;
and is otherwise qualified under sections section 1 and 2 of this chapter
and pays an additional fee.
SOURCE: IC 34-30-2-99.5; (08)CC117202.1.51. -->
SECTION 51. IC 34-30-2-99.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 99.5. IC 25-23.3-9-1 (Concerning
acts and omissions under the interstate nurse licensure compact).
SOURCE: IC 25-23-1-28; (08)CC117202.1.52. -->
SECTION 52. IC 25-23-1-28 IS REPEALED [EFFECTIVE JULY
1, 2008].
SOURCE: ; (08)CC117202.1.53. -->
SECTION 53. [EFFECTIVE JULY 1, 2008] (a) As used in this
SECTION, "commission" refers to the health finance commission
established by IC 2-5-23-3.
(b) During the 2008 interim, the commission shall:
(1) study domestic violence programs administered by the
state; and
(2) recommend the most appropriate state agency to
administer domestic violence programs.
(c) This SECTION expires December 31, 2008.
SOURCE: ; (08)CC117202.1.54. -->
SECTION 54. [EFFECTIVE JULY 1, 2008] (a) Notwithstanding
IC 25-23.3, as added by this act, IC 25-23.3 may not be
implemented until July 1, 2009.
(b) The Indiana state board of nursing shall, not later than June
30, 2009, adopt rules under IC 4-22-2 to administer IC 25-23.3, as
added by this act.
(c) This SECTION expires July 1, 2009.
SOURCE: ; (08)CC117202.1.55. -->
SECTION 55. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "office" refers to the office of Medicaid policy and
planning established by IC 12-8-6-1.
(b) Before July 1, 2008, the office shall apply to the United
States Department of Health and Human Services for an
amendment to the state Medicaid plan to provide coverage for
adults and children for medically necessary umbilical cord
transplants and other related procedures under the state Medicaid
program (IC 12-15) if the Medicaid recipient's provider receives
prior approval for the procedure from the office.
(c) The office may not implement the plan amendment until the
office files an affidavit with the governor attesting that the plan
amendment applied for under this SECTION is in effect. The office
shall file the affidavit under this subsection not later than five (5)
days after the office is notified that the plan amendment is
approved.
(d) If the office receives a plan amendment under this SECTION
from the United States Department of Health and Human Services
and the governor receives the affidavit filed under subsection (c),
the office shall implement the plan amendment not more than sixty
(60) days after the governor receives the affidavit.
(e) The office may adopt rules under IC 4-22-2 necessary to
implement this SECTION.
(f) This SECTION expires December 31, 2013.
SOURCE: ; (08)CC117202.1.56. -->
SECTION 56. [EFFECTIVE JULY 1, 2008] (a) The office of the
secretary of family and social services shall adopt the rules
required by IC 12-31-1-3(b), as added by this act, in the manner
provided in IC 4-22-2-37.1. The office shall immediately begin the
adoption of the rules and shall adopt the final rules before March
1, 2009.
(b) This SECTION expires July 1, 2009.
SOURCE: ; (08)CC117202.1.57. -->
SECTION 57. [EFFECTIVE JULY 1, 2008] (a) As used in this
SECTION, "commission" refers to the health finance commission
established by IC 2-5-23-3.
(b) Not later than October 1, 2008, the state police department
shall report to the commission and legislative council in an
electronic format under IC 5-14-6 concerning any changes the
federal government has made in criminal background check
procedures.
(c) This SECTION expires December 31, 2008.
SOURCE: ; (08)CC117202.1.58. -->
SECTION 58. [EFFECTIVE JULY 1, 2008]
(a) This SECTION
applies beginning July 1, 2008, and ending June 30, 2009.
(b) Notwithstanding any other law and except as provided in
subsection (c), a person who operates a home health agency under
IC 16-27-1 or a personal services agency under IC 16-27-4 shall
apply, not more than three (3) business days after the date that an
employee begins to provide services in a patient's temporary or
permanent residence, for a copy of the employee's limited criminal
history under IC 10-13-3.
(c) If a home health agency or personal services agency
determines that an employee lived outside Indiana at any time
during the two (2) years immediately before the date the individual
was hired by the agency, the home health agency or personal
services agency shall apply, not more than three (3) business days
after the date that the employee begins to provide services in a
patient's temporary or permanent residence, for the employee's
national criminal history background check from the Indiana
central repository for criminal history information under
IC 10-13-3-39.
(d) This SECTION expires June 30, 2009.
SOURCE: ; (08)CC117202.1.59. -->
SECTION 59. [EFFECTIVE UPON PASSAGE] (a) The social
worker, marriage and family therapist, and mental health
counselor board established by IC 25-23.6-2-1 shall adopt
emergency rules under IC 4-22-2-37.1 to implement the provisions
of the marriage and family therapist associate license provisions
added to IC 25-23.6 by this act.
(b) This SECTION expires July 1, 2009.
SOURCE: ; (08)CC117202.1.60. -->
SECTION 60.
An emergency is declared for this act.
Renumber all SECTIONS consecutively.
(Reference is to EHB 1172 as reprinted February 27, 2008.)
Conference Committee Report
on
Engrossed House
Bill 1172
Text Box
S
igned by:
____________________________ ____________________________
Representative Welch Senator Mishler
Chairperson
____________________________ ____________________________
Representative Brown T Senator Broden
House Conferees Senate Conferees