SB 1-4_ Filed 01/25/2010, 11:53
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Appropriations, to which was referred Senate Bill No. 1, has had
the same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
SOURCE: Page 15, line 32; (10)CR000101.15. -->
Page 15, line 32, after "IC 4-33-4-14," insert "
IC 4-33-22-12,".
Page 22, line 24, delete "17" and insert "
18".
Page 31, line 25, after "section" insert "
32 or".
Page 32, between lines 37 and 38, begin a new paragraph and insert:
"
Sec. 42. A licensee shall comply with the standards established
by the commission. A practitioner is subject to the disciplinary
sanctions under section 43 of this chapter if, after a hearing, the
commission finds any of the following concerning the practitioner:
(1) Failure, without just cause, to observe the terms of any
contract required to be on file with the commission.
(2) Violation of any of the provisions of the statutes, rules, or
the orders of the commission.
(3) Interference with the official duties of other licensees, the
commission, or any administrative officer or representative
of the commission.
(4) Gambling that is otherwise prohibited by law on the result
of any bout permitted by the commission.
(5) Noncompetitive boxing, sparring, or unarmed combat or
the solicitation of noncompetitive boxers or unarmed
competitors.
(6) Failure to appear at designated times and places as
required by the commission.
(7) Bribery or attempted bribery of any licensee, employee, or
member of the commission.
(8) Employing or knowingly cooperating in fraud or material
deception in order to obtain any license or permit issued by
the commission.
(9) Has been convicted of a crime that has a direct bearing on
the applicant's or licensee's ability to perform acts that
require a license or permit issued by the commission.
(10) Unlicensed or unpermitted participation in any activity
in Indiana for which a license or permit issued by the
commission is required.
(11) Participating, directly or indirectly, in any agreement to
circumvent any rules or ruling of the commission.
(12) Any activity that undermines the integrity of boxing,
sparring, or unarmed combat.
Sec. 43. (a) The commission may impose any of the following
sanctions, singly or in combination, if the commission finds that a
licensee is subject to disciplinary sanctions under section 42 of this
chapter:
(1) Permanently revoke a licensee's license.
(2) Suspend a licensee's license.
(3) Censure a licensee.
(4) Issue a letter of reprimand.
(5) Place a licensee on probation status and require the
licensee to:
(A) report regularly to the commission upon the matters
that are the basis of probation;
(B) limit the licensee's participation at boxing, sparring, or
unarmed combat events to those areas prescribed by the
commission; or
(C) perform any acts, including community restitution or
service without compensation, or refrain from performing
any acts, that the commission considers appropriate to the
public interest or to the rehabilitation or treatment of the
licensee.
(6) Assess a civil penalty against the licensee for not more
than one thousand dollars ($1,000) for each violation listed in
section 42 of this chapter.
(7) Order a licensee to pay consumer restitution to a person
who suffered damages as a result of the conduct or omission
that was the basis for the disciplinary sanctions under this
chapter.
(b) When imposing a civil penalty under subsection (a)(6), the
commission shall consider a licensee's ability to pay the amount
assessed. If the licensee fails to pay the civil penalty within the time
specified by the commission, the commission may suspend the
licensee's license without additional proceedings. However, a
suspension may not be imposed if the sole basis for the suspension
is the licensee's inability to pay a civil penalty.
(c) The commission may withdraw or modify the probation
under subsection (a)(5) if the commission finds after a hearing that
the deficiency that required disciplinary action has been remedied
or that changed circumstances warrant a modification of the order.
Sec. 44. (a) The commission may summarily suspend a licensee's
license for ninety (90) days before a final adjudication or during
the appeals process if the commission finds that a licensee
represents a clear and immediate danger to the public's health,
safety, or property if the licensee is allowed to continue to
participate in boxing, sparring, or unarmed combat matches,
contests, or exhibitions. The summary suspension may be renewed
upon a hearing before the commission, and each renewal may be
for not more than ninety (90) days.
(b) Before the commission may summarily suspend a license
under this section, the commission shall make a reasonable attempt
to notify the licensee of:
(1) a hearing by the commission to suspend the licensee's
license; and
(2) information regarding the allegation against the licensee.
The commission shall also notify the licensee that the licensee may
provide a written or an oral statement to the commission on the
licensee's behalf before the commission issues an order for
summary suspension. A reasonable attempt to notify the licensee
is made if the commission attempts to notify the licensee by
telephone or facsimile at the last telephone number or facsimile
number of the licensee on file with the commission.
Sec. 45. The commission may reinstate a license that has been
suspended under this chapter if, after a hearing, the commission is
satisfied that the applicant is able to participate at a boxing,
sparring, or unarmed combat match, contest, or exhibition in a
professional manner and with reasonable skill. As a condition of
reinstatement, the commission may impose disciplinary or
corrective measures authorized under this chapter.
Sec. 46. The commission may not reinstate a license that has
been revoked under this chapter. An individual whose license has
been revoked under this chapter may not apply for a new license
until seven (7) years after the date of revocation.
Sec. 47. A licensee may petition the commission to accept the
surrender of the licensee's license instead of having a hearing
before the commission. The licensee may not surrender the
licensee's license without the written approval of the commission,
and the commission may impose any conditions appropriate to the
surrender or reinstatement of a surrendered license.
Sec. 48. A licensee who has been subjected to disciplinary
sanctions may be required by the commission to pay the costs of
the proceeding. The licensee's ability to pay shall be considered
when costs are assessed. If the licensee fails to pay the costs, a
suspension may not be imposed solely upon the licensee's inability
to pay the amount assessed. These costs are limited to costs for the
following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
(10) Administrative law judges.
Sec. 49. (a) The commission may refuse to issue a license or may
issue a probationary license to an applicant for licensure if:
(1) the applicant has:
(A) been disciplined by a licensing entity of another state
or jurisdiction; or
(B) committed an act that would have subjected the
applicant to the disciplinary process if the applicant had
been licensed in Indiana when the act occurred; and
(2) the violation for which the applicant was or could have
been disciplined has a bearing on the applicant's ability to
competently and professionally participate in a boxing,
sparring, or unarmed combat match, contest, or exhibition in
Indiana.
(b) The board may:
(1) refuse to issue a license; or
(2) issue a probationary license;
to an applicant for licensure if the applicant participated in a
boxing, sparring, or unarmed combat match, contest, or exhibition
in Indiana without a license in violation of the law.
(c) Whenever the commission issues a probationary license, the
commission may require a licensee to do any of the following:
(1) Report regularly to the commission upon the matters that
are the basis of the discipline of the other state or jurisdiction.
(2) Limit participation in a boxing, sparring, or unarmed
combat match, contest, or exhibition to the areas prescribed
by the commission.
(3) Engage in community restitution or service without
compensation for the number of hours specified by the
commission.
(4) Perform or refrain from performing an act that the
commission considers appropriate to the public interest or to
the rehabilitation or treatment of the applicant.
(d) The commission shall remove any limitations placed on a
probationary license under this section if the commission finds
after a public hearing that the deficiency that required disciplinary
action has been remedied.".
Page 40, between lines 18 and 19, begin a new paragraph and insert:
SOURCE: IC 10-17-9-8; (10)CR000101.33. -->
"SECTION 33. IC 10-17-9-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) Each member,
the estate of a deceased member, or the estate of a member under
guardianship is liable for the costs of maintenance of the member in an
amount up to one hundred percent (100%) of the daily per capita cost
of personal services and all other operating expenses for the preceding
fiscal year. The per capita charge may be adjusted to reflect the level
of care provided.
(b) The level of care must be as consistent as possible with:
(1) the care category of the facility in which the member is
placed;
(2) the rules of the Indiana health facilities, home health care,
and hospice council adopted under IC 16-28; and
(3) the applicable code of the federal government covering
reimbursement from the United States Department of Veterans'
Affairs or another department of the federal government.
(c) The liability created for the costs of maintenance of a member
constitutes a lien upon the real property of the member if the lien is
recorded as provided in this chapter. The lien has priority over all liens
subsequently acquired.".
SOURCE: Page 40, line 35; (10)CR000101.40. -->
Page 40, between lines 35 and 36, begin a new paragraph and insert:
SOURCE: IC 12-10-6-5; (10)CR000101.35. -->
"SECTION 35. IC 12-10-6-5, AS AMENDED BY P.L.99-2007,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 5. (a) An individual who is determined under
section 2.1(a)(2) of this chapter to be incapable of residing in the
individual's own home because of mental illness may be admitted to a
home or facility that provides residential care to the extent that money
is available for the care.
(b) Within thirty (30) days after an individual with a mental illness
is placed in a home or facility that provides residential care, a
comprehensive care plan must be developed for the individual.
(c) The residential care facility, in cooperation with the community
mental health center or an individual's managed care provider (as
defined in IC 12-7-2-127(b)) serving the area in which the residential
care facility is located, shall develop the comprehensive care plan for
the individual. The plan must include the following:
(1) Psychosocial rehabilitation services that are provided within
the community.
(2) A comprehensive range of activities to meet multiple levels of
need, including the following:
(A) Recreational and socialization activities.
(B) Social skills.
(C) Educational, training, occupational, and work programs.
(D) Opportunities for progression into less restrictive and
more independent living arrangements.
(3) Appropriate alternate placement if the individual's needs
cannot be met by the facility.
(d) The Indiana health facilities, home health care, and hospice
council shall, in coordination with the division of mental health and
addiction and the division, adopt rules under IC 4-22-2 to govern:
(1) residential care; and
(2) the comprehensive care plan;
provided to individuals with a mental illness who reside under this
chapter in a home or facility that provides residential care.
SOURCE: IC 12-11-2.1-1; (10)CR000101.36. -->
SECTION 36. IC 12-11-2.1-1, AS AMENDED BY P.L.99-2007,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1. (a) The bureau shall determine whether or not
an individual has a developmental disability. For individuals for whom
there is not enough current information available to make a
determination of eligibility, the bureau shall use the results of a
diagnostic assessment in determining whether an individual has a
developmental disability. A diagnostic assessment must include the
following:
(1) Diagnostic information concerning the individual's
functioning level and medical and habilitation needs.
(2) All information necessary for the use of the office of Medicaid
policy and planning, the Indiana health facilities, home health
care, and hospice council, and the division.
(3) The use of all appropriate assessments conducted under rules
adopted under IC 16-28.
(b) An individual who is found not to have a developmental
disability may appeal the bureau's finding under IC 4-21.5.
(c) If an individual is determined to have a developmental disability,
the office shall determine whether the individual meets the appropriate
federal level of care requirements.".
SOURCE: Page 42, line 37; (10)CR000101.42. -->
Page 42, between lines 37 and 38, begin a new paragraph and insert:
SOURCE: IC 12-28-5-10; (10)CR000101.40. -->
"SECTION 40. IC 12-28-5-10, AS AMENDED BY P.L.99-2007,
SECTION 147, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 10. In conjunction with the division
of disability and rehabilitative services, the council shall do the
following:
(1) Determine the current and projected needs of each geographic
area of Indiana for residential services for individuals with a
developmental disability.
(2) Determine how the provision of developmental or vocational
services for residents in these geographic areas affects the
availability of developmental or vocational services to individuals
with a developmental disability living in their own homes.
(3) Develop standards for licensure of supervised group living
facilities regarding the following:
(A) A sanitary and safe environment for residents and
employees.
(B) Classification of supervised group living facilities.
(C) Any other matters that will ensure that the residents will
receive a residential environment.
(4) Develop standards for the approval of entities providing
supported living services.
(5) Recommend social and habilitation programs to the Indiana
health facilities, home health care, and hospice council for
individuals with a developmental disability who reside in health
facilities licensed under IC 16-28.
(6) Develop and update semiannually a report that identifies the
numbers of individuals with a developmental disability who live
in health facilities licensed under IC 16-28. The Indiana health
facilities, home health care, and hospice council shall assist in
developing and updating this report.".
SOURCE: Page 43, line 35; (10)CR000101.43. -->
Page 43, delete lines 35 through 42.
Delete pages 44 through 47.
Page 48, delete lines 1 through 11.
Page 49, line 32, after "facilities" insert ", home health care, and
hospice".
Page 49, after line 42, begin a new paragraph and insert:
SOURCE: IC 16-21-1-8; (10)CR000101.46. -->
"SECTION 46. IC 16-21-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. For that part of a
hospital that functions as a health facility described by IC 16-28,
IC 16-28 applies. The
Indiana health facilities,
home health care, and
hospice council does not have greater authority to adopt rules
concerning facilities that are licensed under this article than the health
facilities council has with regard to health facilities licensed under
IC 16-28.".
SOURCE: Page 50, line 5; (10)CR000101.50. -->
Page 50, line 5, after "facilities" insert " , home health care, and
hospice".
Page 50, between lines 5 and 6, begin a new paragraph and insert:
SOURCE: IC 16-28-1-1; (10)CR000101.48. -->
"SECTION 48. IC 16-28-1-1, AS AMENDED BY P.L.1-2007,
SECTION 133, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 1. (a) The Indiana health facilities,
home health care, and hospice council is created. The council
consists of fourteen (14) fifteen (15) members as follows:
(1) One (1) licensed physician licensed under IC 25-22.5.
(2) Two (2) administrators, One (1) administrator, licensed
under IC 25-19-1, of a proprietary health facility licensed under
this article.
(3) One (1) administrator, licensed under IC 25-19-1, of a
nonproprietary health facility licensed under this article.
individual who is engaged in the administration of a home
health agency or hospice.
(4) One (1) registered nurse who is licensed under IC 25-23 and
who has experience in long term care.
(5) One (1) registered pharmacist licensed under IC 25-26.
(6) Two (2) citizens One (1) individual having knowledge or
experience in the field of gerontology.
(7) One (1) representative of a statewide senior citizens
organization. individual having knowledge or experience in
home health care or hospice care.
(8) One (1) citizen having knowledge or experience in the field of
mental health. individual who is a mental health professional.
(9) One (1) nurse-educator of a practical nurse program.
registered nurse who is licensed under IC 25-23 and who has
experience in home health care or hospice care.
(10) The commissioner.
(11) The director of the division of family resources state
ombudsman (as defined in IC 12-10-13-6) or the director's state
ombudsman's designee.
(12) The director of the division of aging or the director's
designee.
(13) One (1) individual having knowledge of or experience in
long term care.
(14) One (1) individual having knowledge of or experience in
health care quality improvement, patient safety, or health law.
(15) One (1) individual who is a health care educator in a
nursing, allied health, or medical profession and who has
experience at an accredited college or university in a health
care education program.
(b) The members of the council designated by subsection (a)(1)
through (a)(9) and subsection (a)(13) through (a)(15) shall be
appointed by the governor.
(c) Except for the members of the council designated by subsection
(a)(10) through (a)(12), all appointments are for four (4) years. If a
vacancy occurs, the appointee serves for the remainder of the
unexpired term. A vacancy is filled from the same group that was
represented by the outgoing member.
(d) Except for the members of the council designated by subsection
(a)(2) through (a)(3), a member of the council may not have a
pecuniary interest in the operation of or provide professional services
through employment or under contract to a facility licensed under this
article.".
SOURCE: Page 50, line 36; (10)CR000101.50. -->
Page 50, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 16-29-4-3; (10)CR000101.51. -->
"SECTION 51. IC 16-29-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. The Indiana health
facilities, home health care, and hospice council may recommend,
before the conversion of existing health facility beds to ICF/MR beds
or the construction of a new ICF/MR facility, that the state department
issue a preliminary approval of the proposed project, but only if the
council determines that there is an insufficient number of available
beds to care for all the persons who are determined under IC 12-11-2.1
to be appropriate for placement in an ICF/MR facility.
SOURCE: IC 16-29-4-4; (10)CR000101.52. -->
SECTION 52. IC 16-29-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. A proposed project
that receives preliminary approval under this chapter may not add more
beds than the number determined by the Indiana health facilities,
home
health care, and hospice council to be necessary to provide an
available bed for each person determined under IC 12-11-2.1 to be
appropriate for placement in an ICF/MR facility. Upon completion of
the proposed project and compliance with the other requirements for
licensure under IC 16-28, the state department shall issue a license to
the facility.
SOURCE: IC 25-1-2-6; (10)CR000101.53. -->
SECTION 53. IC 25-1-2-6, AS AMENDED BY P.L.122-2009,
SECTION 1, AND AS AMENDED BY P.L.160-2009, SECTION 4, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 6. (a) As used in this section,
"license" includes all occupational and professional licenses,
registrations, permits, and certificates issued under the Indiana Code,
and "licensee" includes all occupational and professional licensees,
registrants, permittees, and certificate holders regulated under the
Indiana Code.
(b) This section applies to the following entities that regulate
occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(5) State board of barber examiners.
(6) State board of cosmetology examiners.
(7) Medical licensing board of Indiana.
(8) Secretary of state.
(9) State board of dentistry.
(10) State board of funeral and cemetery service.
(11) Worker's compensation board of Indiana.
(12) Indiana state board of health facility administrators.
(13) Committee of hearing aid dealer examiners.
(14) Indiana state board of nursing.
(15) Indiana optometry board.
(16) Indiana board of pharmacy.
(17) Indiana plumbing commission.
(18) Board of podiatric medicine.
(19) Private investigator and security guard licensing board.
(20) State board of registration for professional engineers.
(21) Board of environmental health specialists.
(22) State psychology board.
(23) Indiana real estate commission.
(24) Speech-language pathology and audiology board.
(25) Department of natural resources.
(26) State boxing athletic commission.
(27) (26) Board of chiropractic examiners.
(28) (27) Mining board.
(29) (28) Indiana board of veterinary medical examiners.
(30) (29) State department of health.
(31) (30) Indiana physical therapy committee.
(32) (31) Respiratory care committee.
(33) (32) Occupational therapy committee.
(34) (33) Social worker, marriage and family therapist, and
mental health counselor Behavioral health and human services
licensing board.
(35) (34) Real estate appraiser licensure and certification board.
(36) (35) State board of registration for land surveyors.
(37) (36) Physician assistant committee.
(38) (37) Indiana dietitians certification board.
(39) (38) Indiana hypnotist committee.
(40) (39) Attorney general (only for the regulation of athlete
agents).
(41) (40) Manufactured home installer licensing board.
(42) (41) Home inspectors licensing board.
(43) (42) State board of massage therapy.
(44) (43) Any other occupational or professional agency created
after June 30, 1981.
(c) Notwithstanding any other law, the entities included in
subsection (b) shall send a notice of the upcoming expiration of a
license to each licensee at least sixty (60) days prior to the expiration
of the license. The notice must inform the licensee of the need to renew
and the requirement of payment of the renewal fee. If this notice of
expiration is not sent by the entity, the licensee is not subject to a
sanction for failure to renew if, once notice is received from the entity,
the license is renewed within forty-five (45) days of the receipt of the
notice.".
SOURCE: Page 54, line 25; (10)CR000101.54. -->
Page 54, delete lines 25 through 42, begin a new paragraph and
insert:
SOURCE: IC 25-1-14-2; (10)CR000101.57. -->
"SECTION 57. IC 25-1-14-2, AS AMENDED BY P.L.160-2009,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2. (a) A member of a board, committee, or
commission may participate in a meeting of the board, committee, or
commission:
(1) except as provided in subsections subsection (b), and (c), at
which at least a quorum is physically present at the place where
the meeting is conducted; and
(2) by using a means of communication that permits:
(A) all other members participating in the meeting; and
(B) all members of the public physically present at the place
where the meeting is conducted;
to simultaneously communicate with each other during the
meeting.
(b) A member of a board, committee, or commission may participate
in an emergency meeting of the board, committee, or commission to
consider disciplinary sanctions under IC 25-1-9-10 or IC 25-1-11-13 by
using a means of communication that permits:
(1) all other members participating in the meeting; and
(2) all members of the public physically present at the place
where the meeting is conducted;
to simultaneously communicate with each other during the meeting.
(c) A member of the state athletic commission may participate in
meetings of the commission to consider the final approval of a permit
for a particular boxing, sparring, or unarmed combat match or
exhibition under IC 25-9-1-6(b) by using a means of communication
that permits:
(1) all other members participating in the meeting; and
(2) all members of the public physically present at the place
where the meeting is conducted;
to simultaneously communicate with each other during the meeting.
(d) (c) A member who participates in a meeting under subsection
(b): or (c):
(1) is considered to be present at the meeting;
(2) shall be counted for purposes of establishing a quorum; and
(3) may vote at the meeting.
SOURCE: IC 25-19-1-5; (10)CR000101.58. -->
SECTION 58. IC 25-19-1-5, AS AMENDED BY P.L.54-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 5. (a) The Indiana health facilities,
home health
care, and hospice council, pursuant to authority provided by IC 16-28,
has, by rule duly promulgated, classified health facilities into
comprehensive health facilities and residential health facilities. The fee
for a health facility administrator's license in either classification shall
be set by the board under section 8 of this chapter.
(b) Such fee and application shall be submitted to the board, and the
board shall transmit all such funds so received to the treasurer of state
to be deposited by him in the general fund of the state. All expenses
incurred in the administration of this chapter shall be paid from the
general fund upon appropriation being made therefor in the manner
provided by law for making such appropriations.
(c) The administrator of a comprehensive care facility must have a
comprehensive care facility administrator license issued by the board
in accordance with rules adopted under section 8 of this chapter.
(d) The administrator of a residential care facility must have one (1)
of the following licenses issued by the board under rules adopted under
section 8 of this chapter:
(1) A comprehensive care facility administrator license.
(2) A residential care facility administrator license.".
Delete pages 55 through 56.
SOURCE: Page 57, line 1; (10)CR000101.57. -->
Page 57, delete lines 1 through 40.
Page 58, delete lines 25 through 42.
Delete pages 59 through 65.
Page 66, delete lines 1 through 30.
Page 66, line 33, delete "IC 4-23-24.2;".
Page 66, line 36, delete "IC 14-9-6;".
Page 66, line 36, delete "IC 14-21-1-5;".
Page 66, line 39, after "IC 16-41-35-17;" insert "IC 16-41-35-18;
IC 16-41-35-19; IC 16-41-35-20; IC 16-41-35-21; IC 16-41-35-22;
IC 16-41-35-23; IC 16-41-35-24;".
Page 66, line 39, after "IC 27-1-3-30" delete ";" and insert ".".
Page 66, delete line 40.
Page 67, between lines 5 and 6, begin a new paragraph and insert:
"
(c) The rules adopted by the state athletic commission before
July 1, 2010, and in effect on June 30, 2010, shall be treated after
June 30, 2010, as the rules of the Indiana gaming commission.".
Renumber all SECTIONS consecutively.
(Reference is to SB 1 as printed January 15, 2010.)
and when so amended that said bill do pass.
Committee Vote: Yeas 10, Nays 0.
____________________________________
Kenley
CR000101/DI 73 2010