SENATE BILL No. 216
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2-319.5; IC 16-41-43.
Synopsis: Regulation of retail health clinics. Requires retail health
clinics to meet specified standards and implement certain policies for
the monitoring of quality of care. Requires the state department of
health to ensure compliance by retail health clinics, and allows the state
department to inspect a retail health clinic.
Effective: July 1, 2009.
January 7, 2009, read first time and referred to Committee on Health and Provider
First Regular Session 116th General Assembly (2009)
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between statutes enacted by the 2008 Regular Session of the General Assembly.
SENATE BILL No. 216
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-18-2-319.5; (09)IN0216.1.1. -->
SECTION 1. IC 16-18-2-319.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 319.5. "Retail health clinic", for
purposes of IC 16-41-43, has the meaning set forth in
SOURCE: IC 16-41-43; (09)IN0216.1.2. -->
SECTION 2. IC 16-41-43 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]:
Chapter 43. Regulation of Retail Health Clinics
Sec. 1. As used in this chapter, "retail health clinic" means a
retail merchant (as defined in IC 6-2.5-1-8) that includes a health
care clinic located on the retail merchant's premises that offers
episodic health care for patients.
Sec. 2. A retail health clinic must meet the following
(1) Be accredited by the Joint Commission on Accreditation
of Healthcare Organizations (JCAHO), or its successor.
(2) Require all of the clinic's staff to be certified to perform
(3) Have equipment for resuscitation and defibrillation
available on site.
(4) Have a separate entrance for the retail health clinic other
than the entrance for the retail store and provide adequate
separation from other retail operations.
(5) Have the following policies for the monitoring of quality of
care, including the following:
(A) Peer review.
(B) Collaborating physician review.
(C) Use of evidence based guidelines.
(D) Collection of aggregate data on quality and safety
(E) Collection of patient survey data.
(F) Protocol for emergency response procedures and
transferring a patient to a hospital if the patient has a
serious condition that warrants hospitalization.
(G) Relationships with primary care providers and other
health care providers in the community for appropriate
referrals for patient follow-up care that is outside the
scope of the clinic's services.
(6) Comply with federal and state law and guidelines,
including the federal Centers for Disease Control guidelines
for environmental sanitation, infection control, and proper
(7) Provide written instruction and educational material
concerning the patient's condition before the patient leaves
(8) Use electronic health records.
(9) Have prices for services easily accessible in a visible place
outside the examination room.
(10) Provide a patient's primary care provider with a detailed
clinical report of the patient's visit.
(11) Have a policy to promptly respond to a patient's primary
care provider if the provider inquires about the care rendered
to one of the provider's patients at the retail health clinic.
(12) Use standardized medical protocols derived from
evidenced based guidelines.
Sec. 3. (a) The state department shall ensure that retail health
clinics comply with this chapter. The state department may inspect
a retail health clinic for compliance with this chapter.
(b) A retail health clinic shall allow a state department employee
on the premises to inspect the retail health clinic.
Sec. 4. The state department may adopt rules under IC 4-22-2
necessary to implement this chapter.