Reprinted

April 19, 2011





ENGROSSED

SENATE BILL No. 363

_____


DIGEST OF SB 363 (Updated April 18, 2011 4:35 pm - DI 77)



Citations Affected: IC 10-13; IC 20-28; IC 25-1; IC 25-26; IC 25-27.5; IC 35-38; IC 35-48.

Synopsis: Licensed professionals. Requires the state police department to permanently retain a health professional applicant's fingerprints and store the fingerprints separately from fingerprints collected for the state central repository for criminal data. Adds certain crimes for which the department of education must revoke the licence of a school employee. Requires applicants for certain licensed health professions to submit to a national criminal history background check. Requires the department to release the results of the national criminal history background check to the Indiana professional licensing agency (agency). Authorizes a licensing board to suspend, deny, or revoke a license if the applicant or
(Continued next page)

Effective: Upon passage; July 1, 2011.





Miller, Becker, Breaux, Randolph
(HOUSE SPONSORS _ FRIZZELL, WELCH)




    January 11, 2011, read first time and referred to Committee on Health and Provider Services.
    January 27, 2011, amended; reassigned to Committee on Appropriations.
    February 3, 2011, reported favorably _ Do Pass.
    February 8, 2011, read second time, amended, ordered engrossed.
    February 9, 2011, engrossed.
    February 14, 2011, read third time, passed. Yeas 48, nays 2.

HOUSE ACTION

    March 28, 2011, read first time and referred to Committee on Public Health.
    April 12, 2011, amended, reported _ Do Pass.
    April 18, 2011, read second time, amended, ordered engrossed.





Digest Continued

license holder has been convicted of specified offenses. Requires the department and the agency to enter into a memorandum of understanding to provide data exchange and data matching regarding licensees who are charged with or convicted of an offense. Requires the personal information data exchanged to be kept confidential. Allows the board of a regulated occupation to designate a person to act on behalf of the board to perform certain duties when seeking a cease and desist order. Allows a pharmacist to administer an immunization for shingles (herpes zoster) to a group of individuals under a drug order, under a prescription, or according to a protocol approved by a physician if certain requirements are met. Removes geographical locations that a supervising physician must be located within. Allows the medical licensing board to deny supervisory agreements. (Current law requires the board to approve supervisory agreements.) Removes certain limitations on physician assistants (PA) prescribing and dispensing certain drugs and controlled substances. Requires that the supervising physician or physician designee review specified percentages of PA patient encounters within 72 hours based on the PAs years of practice. Allows for electronic prescriptions from a practitioner for certain drugs.


Reprinted

April 19, 2011

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 363



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 10-13-3-37; (11)ES0363.2.1. -->     SECTION 1. IC 10-13-3-37, AS AMENDED BY P.L.200-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 37. (a) Under Public Law 92-544 (86 Stat. 1115), a local law enforcement agency may use fingerprints submitted for the purpose of identification in a request related to the following:
        (1) A taxicab driver's license application.
        (2) Reinstatement or renewal of a taxicab driver's license.
    (b) An applicant shall submit the fingerprints on forms provided for the license application.
    (c) The local law enforcement agency shall charge each applicant the fees set by the department and federal authorities to defray the costs associated with a search for and classification of the applicant's fingerprints.
    (d) The local law enforcement agency may:
        (1) forward for processing to the Federal Bureau of Investigation or any other agency fingerprints submitted by a license applicant; and
        (2) receive the results of all fingerprint investigations.
     (e) The department:
        (1) may permanently retain an applicant's fingerprints submitted under this section; and
        (2) shall retain the applicant's fingerprints separately from fingerprints collected under section 24 of this chapter.

SOURCE: IC 10-13-3-38.5; (11)ES0363.2.2. -->     SECTION 2. IC 10-13-3-38.5, AS AMENDED BY P.L.113-2010, SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 38.5. (a) Under federal P.L.92-544 (86 Stat. 1115), the department may use an individual's fingerprints submitted by the individual for the following purposes:
        (1) Determining the individual's suitability for employment with the state, or as an employee of a contractor of the state, in a position:
            (A) that has a job description that includes contact with, care of, or supervision over a person less than eighteen (18) years of age;
            (B) that has a job description that includes contact with, care of, or supervision over an endangered adult (as defined in IC 12-10-3-2), except the individual is not required to meet the standard for harmed or threatened with harm set forth in IC 12-10-3-2(a)(3);
            (C) at a state institution managed by the office of the secretary of family and social services or state department of health;
            (D) at the Indiana School for the Deaf established by IC 20-22-2-1;
            (E) at the Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1;
            (F) at a juvenile detention facility;
            (G) with the Indiana gaming commission under IC 4-33-3-16;
            (H) with the department of financial institutions under IC 28-11-2-3; or
            (I) that has a job description that includes access to or supervision over state financial or personnel data, including state warrants, banking codes, or payroll information pertaining to state employees.
        (2) Identification in a request related to an application for a teacher's license submitted to the department of education established by IC 20-19-3-1.
        (3) Use by the gaming commission established under IC 4-33-3-1 for licensure of a promoter (as defined in IC 4-33-22-6) under IC 4-33-22.
        (4) Use by the Indiana board of pharmacy in determining the individual's suitability for a position or employment with a wholesale drug distributor, as specified in IC 25-26-14-16(b), IC 25-26-14-16.5(b), IC 25-26-14-17.8(c), and IC 25-26-14-20.
         (5) Identification in a request related to an individual applying for or renewing a license or certificate described in IC 25-1-1.1-4 and a conviction described in IC 25-1-1.1-2 or IC 25-1-1.1-3.
An applicant shall submit the fingerprints in an appropriate format or on forms provided for the employment, or license, or certificate application. The department shall charge each applicant the fee established under section 28 of this chapter and by federal authorities to defray the costs associated with a search for and classification of the applicant's fingerprints. The department may forward fingerprints submitted by an applicant to the Federal Bureau of Investigation or any other agency for processing. The state personnel department, the Indiana professional licensing agency, or the agency to which the applicant is applying for employment or a license may receive the results of all fingerprint investigations.
    (b) An applicant who is an employee of the state may not be charged under subsection (a).
    (c) Subsection (a)(1) does not apply to an employee of a contractor of the state if the contract involves the construction or repair of a capital project or other public works project of the state.
     (d) The department:
        (1) may permanently retain an applicant's fingerprints submitted under this section; and
        (2) shall retain the applicant's fingerprints separately from fingerprints collected under section 24 of this chapter.

SOURCE: IC 10-13-3-39; (11)ES0363.2.3. -->     SECTION 3. IC 10-13-3-39, AS AMENDED BY P.L.3-2008, SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 39. (a) The department is designated as the authorized agency to receive requests for, process, and disseminate the results of national criminal history background checks that comply with this section and 42 U.S.C. 5119a.
    (b) A qualified entity may contact the department to request a national criminal history background check on any of the following persons:
        (1) A person who seeks to be or is employed with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person is initially employed by the qualified entity.
        (2) A person who seeks to volunteer or is a volunteer with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person initially volunteers with the qualified entity.
        (3) A person for whom a national criminal history background check is required under any law relating to the licensing of a home, center, or other facility for purposes of day care or residential care of children.
        (4) A person for whom a national criminal history background check is required for purposes of placement of a child in a foster family home, a prospective adoptive home, or the home of a relative or other caretaker, or for purposes of a report concerning an adoption as required by IC 31-19-8.
    (c) A qualified entity must submit a request under subsection (b) in the form required by the department and provide a set of the person's fingerprints and any required fees with the request.
    (d) If a qualified entity makes a request in conformity with subsection (b), the department shall submit the set of fingerprints provided with the request to the Federal Bureau of Investigation for a national criminal history background check. The department shall respond to the request in conformity with:
        (1) the requirements of 42 U.S.C. 5119a; and
        (2) the regulations prescribed by the Attorney General of the United States under 42 U.S.C. 5119a.
    (e) Subsection (f):
        (1) applies to a qualified entity that:
            (A) is not a school corporation or a special education cooperative; or
            (B) is a school corporation or a special education cooperative and seeks a national criminal history background check for a volunteer; and
        (2) does not apply to a qualified entity that is a:
            (A) home health agency licensed under IC 16-27-1; or
            (B) personal services agency licensed under IC 16-27-4.
    (f) After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall make a determination whether the person who is the subject of a request has been convicted of:
        (1) an offense described in IC 20-26-5-11;
        (2) in the case of a foster family home, an offense described in IC 31-27-4-13(a);
        (3) in the case of a prospective adoptive home, an offense

described in IC 31-19-11-1(c);
        (4) any other felony; or
        (5) any misdemeanor;
and convey the determination to the requesting qualified entity.
    (g) This subsection applies to a qualified entity that:
        (1) is a school corporation or a special education cooperative; and
        (2) seeks a national criminal history background check to determine whether to employ or continue the employment of a certificated employee or a noncertificated employee of a school corporation or an equivalent position with a special education cooperative.
After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department may exchange identification records concerning convictions for offenses described in IC 20-26-5-11 with the school corporation or special education cooperative solely for purposes of making an employment determination. The exchange may be made only for the official use of the officials with authority to make the employment determination. The exchange is subject to the restrictions on dissemination imposed under P.L.92-544, (86 Stat. 1115) (1972).
    (h) This subsection applies to a qualified entity (as defined in IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall provide a copy to the public agency. Except as permitted by federal law, the public agency may not share the information contained in the national criminal history background check with a private agency.
    (i) This subsection applies to a qualified entity that is a:
        (1) home health agency licensed under IC 16-27-1; or
        (2) personal services agency licensed under IC 16-27-4.
After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall make a determination whether the applicant has been convicted of an offense described in IC 16-27-2-5(a) and convey the determination to the requesting qualified entity.
     (j) The department:
        (1) may permanently retain an applicant's fingerprints submitted under this section; and
        (2) shall retain the applicant's fingerprints separately from fingerprints collected under section 24 of this chapter.

SOURCE: IC 20-28-5-8; (11)ES0363.2.4. -->     SECTION 4. IC 20-28-5-8, AS AMENDED BY P.L.121-2009, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2011]: Sec. 8. (a) This section applies when a prosecuting attorney knows that a licensed employee of a public school or a nonpublic school has been convicted of an offense listed in subsection (c). The prosecuting attorney shall immediately give written notice of the conviction to the following:
        (1) The state superintendent.
        (2) Except as provided in subdivision (3), the superintendent of the school corporation that employs the licensed employee or the equivalent authority if a nonpublic school employs the licensed employee.
        (3) The presiding officer of the governing body of the school corporation that employs the licensed employee, if the convicted licensed employee is the superintendent of the school corporation.
    (b) The superintendent of a school corporation, presiding officer of the governing body, or equivalent authority for a nonpublic school shall immediately notify the state superintendent when the individual knows that a current or former licensed employee of the public school or nonpublic school has been convicted of an offense listed in subsection (c), or when the governing body or equivalent authority for a nonpublic school takes any final action in relation to an employee who engaged in any offense listed in subsection (c).
    (c) The department, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by the department to have been convicted of any of the following felonies:
        (1) Kidnapping (IC 35-42-3-2). if the victim is less than eighteen (18) years of age.
        (2) Criminal confinement (IC 35-42-3-3). if the victim is less than eighteen (18) years of age.
        (3) Rape (IC 35-42-4-1). if the victim is less than eighteen (18) years of age.
        (4) Criminal deviate conduct (IC 35-42-4-2). if the victim is less than eighteen (18) years of age.
        (5) Child molesting (IC 35-42-4-3).
        (6) Child exploitation (IC 35-42-4-4(b)).
        (7) Vicarious sexual gratification (IC 35-42-4-5).
        (8) Child solicitation (IC 35-42-4-6).
        (9) Child seduction (IC 35-42-4-7).
        (10) Sexual misconduct with a minor (IC 35-42-4-9).
        (11) Incest (IC 35-46-1-3). if the victim is less than eighteen (18) years of age.
        (12) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).


        (13) Dealing in methamphetamine (IC 35-48-4-1.1).
        (14) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
        (15) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
        (16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
        (17) Dealing in a counterfeit substance (IC 35-48-4-5).
        (18) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10(b)).
        (19) Possession of child pornography (IC 35-42-4-4(c)).
         (20) Homicide (IC 35-42-1).
        (21) Voluntary manslaughter (IC 35-42-1-3).
        (22) Reckless homicide (IC 35-42-1-5).
        (23) Battery as any of the following:
            (A) A Class A felony (IC 35-42-2-1(a)(5)).
            (B) A Class B felony (IC 35-42-2-1(a)(4)).
            (C) A Class C felony (IC 35-42-2-1(a)(3)).
        (24) Aggravated battery (IC 35-42-2-1.5).
        (25) Robbery (IC 35-42-5-1).
        (26) Carjacking (IC 35-42-5-2).
        (27) Arson as a Class A felony or a Class B felony (IC 35-43-1-1(a)).
        (28) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
        (29) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (28).
        (30) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (28).
    (d) The department, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by the department to have been convicted of a federal offense or an offense in another state that is comparable to a felony listed in subsection (c).

    (d) (e) A license may be suspended by the state superintendent as specified in IC 20-28-7-7.
    (e) (f) The department shall develop a data base of information on school corporation employees who have been reported to the department under this section.
SOURCE: IC 25-1-1.1-1; (11)ES0363.2.5. -->     SECTION 5. IC 25-1-1.1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. Except as provided under sections 2 through 3 5 of this chapter, a license or certificate of registration that an individual is required by law to hold to engage in

a business, profession, or occupation may not be denied, revoked, or suspended because the applicant or holder has been convicted of an offense. The acts from which the applicant's or holder's conviction resulted may, however, be considered as to whether the applicant or holder should be entrusted to serve the public in a specific capacity.

SOURCE: IC 25-1-1.1-2; (11)ES0363.2.6. -->     SECTION 6. IC 25-1-1.1-2, AS AMENDED BY P.L.151-2006, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. Notwithstanding IC 25-1-7, a board, a commission, or a committee may suspend, deny, or revoke a license or certificate issued under this title by the board, the commission, or the committee without an investigation by the office of the attorney general if the individual who holds the license or certificate is convicted of any of the following and the board, commission, or committee determines, after the individual has appeared in person, that the offense affects the individual's ability to perform the duties of the profession:
        (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
        (2) Possession of methamphetamine under IC 35-48-4-6.1.
        (3) Possession of a controlled substance under IC 35-48-4-7(a).
        (4) Fraudulently obtaining a controlled substance under IC 35-48-4-7(b).
        (5) Manufacture of paraphernalia as a Class D felony under IC 35-48-4-8.1(b).
        (6) Dealing in paraphernalia as a Class D felony under IC 35-48-4-8.5(b).
        (7) Possession of paraphernalia as a Class D felony under IC 35-48-4-8.3(b).
        (8) Possession of marijuana, hash oil, or hashish as a Class D felony under IC 35-48-4-11.
        (9) Maintaining a common nuisance under IC 35-48-4-13.
        (10) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
        (11) Conspiracy under IC 35-41-5-2 to commit an offense listed in subdivisions (1) through (10).
        (12) Attempt under IC 35-41-5-1 to commit an offense listed in subdivisions (1) through (10).
        (13) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described under subdivisions (1) through (12).
         (14) A sex crime under IC 35-42-4.
        (15) A felony that reflects adversely on the individual's fitness

to hold a professional license.
        (16) An offense in any other jurisdiction in which the elements of the offense for which the conviction was entered are substantially similar to the elements of an offense described in this section.

SOURCE: IC 25-1-1.1-4; (11)ES0363.2.7. -->     SECTION 7. IC 25-1-1.1-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) This section applies to an individual who is applying for, or will be applying for, an initial license or an initial certificate under one (1) of the following:
        (1) IC 25-2.5 (acupuncturists).
        (2) IC 25-10 (chiropractors).
        (3) IC 25-13 (dental hygienists).
        (4) IC 25-14 (dentists).
        (5) IC 25-14.5 (dietitians).
        (6) IC 25-17.3 (genetic counselors).
        (7) IC 25-19 (health facility and residential care facility administrators).
        (8) IC 25-21.8 (massage therapists).
        (9) IC 25-22.5 (physicians).
        (10) IC 25-23 (nurses).
        (11) IC 25-23.5 (occupational therapists).
        (12) IC 25-24 (optometrists).
        (13) IC 25-26 (pharmacists).
        (14) IC 25-27 (physical therapists).
        (15) IC 25-27.5 (physician assistants).
        (16) IC 25-29 (podiatrists).
        (17) IC 25-33 (psychologists).
        (18) IC 25-34.5 (respiratory care practitioners).
        (19) IC 25-35.6 (speech pathologists and audiologists).
        (20) IC 25-38.1 (veterinarians).
    (b) As used in this chapter, "national criminal history background check" means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification.
    (c) An individual applying for an initial license or initial certificate specified in subsection (a) shall submit to a national criminal history background check at the cost of the individual.
    (d) The state police department shall release the results of a national criminal history background check conducted under this section to the Indiana professional licensing agency.
    (e) A board, a commission, or a committee may conduct a random audit and require an individual seeking a renewal of a license or a certificate specified in subsection (a) to submit to a national criminal history background check at the cost of the individual.

SOURCE: IC 25-1-1.1-5; (11)ES0363.2.8. -->     SECTION 8. IC 25-1-1.1-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) As used in this section, "licensee" refers to an individual who is licensed or certified in a profession set forth in section 4 of this chapter.
    (b) As used in this section, "personal information" means information that identifies an individual, including the following:
        (1) Photograph.
        (2) Social Security number.
        (3) Driver's license number or identification card number.
        (4) Name.
        (5) Address.
        (6) Telephone number.
        (7) Fingerprints.
    (c) The state police department and the Indiana professional licensing agency shall enter into a memorandum of understanding to provide data exchange and data matching regarding licensees who are charged with or convicted of an offense.
    (d) Personal information data exchanged under subsection (c) shall be kept confidential and may be used only for the purposes of a government agency, including the following:
        (1) A prosecuting attorney.
        (2) The Indiana professional licensing agency or a board, committee, or commission administered by the Indiana professional licensing agency.
        (3) A court.
        (4) A law enforcement agency.
        (5) The office of the attorney general.

SOURCE: IC 25-1-7-14; (11)ES0363.2.9. -->     SECTION 9. IC 25-1-7-14, AS ADDED BY P.L.84-2010, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) Notwithstanding any other law, if the board of a regulated occupation believes that a person who is not licensed, certified, or registered under this title is engaged in or is believed to be engaged in activities for which a license, certification, or registration is required under this title, the board may do the following:
        (1) File a complaint with the attorney general, who shall

investigate and may file:
            (A) with notice; or
            (B) without notice, if the attorney general determines that person is engaged in activities that may affect an individual's health or safety;
        a motion for a cease and desist order with the appropriate board. For purposes of this subdivision, the board may designate a board member or an employee of the Indiana professional licencing agency to act on behalf or in the name of the board.
        (2) Upon review of the attorney general's motion for a cease and desist order, the board may issue an order requiring the affected person to show cause why the person should not be ordered to cease and desist from such activities. The show cause order must set forth a time and place for a hearing at which the affected person may appear and show cause as to why the person should not be subject to licensing, certification, or registration under this title. For purposes of this subdivision, the board may designate a board member to act on behalf or in the name of the board.
    (b) If the board, after a hearing, determines that the activities in which the person is engaged are subject to licensing, certification, or registration under this title, the board may issue a cease and desist order that must describe the person and activities that are the subject of the order.
    (c) A hearing conducted under this section must comply with the requirements under IC 4-21.5.
    (d) A cease and desist order issued under this section is enforceable in the circuit or superior courts. A person who is enjoined under a cease and desist order and who violates the order shall be punished for contempt of court.
    (e) A cease and desist order issued under this section does not relieve any person from criminal prosecution under any other law.

SOURCE: IC 25-26-13-31.2; (11)ES0363.2.10. -->     SECTION 10. IC 25-26-13-31.2, AS ADDED BY P.L.94-2007, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 31.2. (a) A pharmacist may administer an immunization to an individual under a drug order or prescription.
    (b) A pharmacist may administer an immunization for influenza or shingles (herpes zoster) to a group of individuals under a drug order, under a prescription, or according to a protocol approved by a physician if the following requirements are met:
        (1) The physician specifies in the drug order, prescription, or protocol the group of individuals to whom the immunization may

be administered.
        (2) The physician who writes the drug order, prescription, or protocol is licensed in Indiana and not employed by a pharmacy.
        (3) The pharmacist who administers the immunization is responsible for notifying, not later than fourteen (14) days after the pharmacist administers the immunization, the physician who authorized the immunization and the individual's primary care physician that the individual received the immunization.
        (4) If the physician uses a protocol, the protocol may apply only to an individual or group of individuals who are at least:
            (A) fourteen (14) years of age but less than eighteen (18) years of age, if the pharmacist receives the consent of a parent or legal guardian, and the parent or legal guardian is present at the time of immunization; or
            (B) eighteen (18) years of age.
    (c) If the state department of health or the department of homeland security determines that an emergency exists, a pharmacist may administer any immunization in accordance with:
        (1) the requirements of subsection (b)(1) through (b)(3); and
        (2) any instructions in the emergency determination.

SOURCE: IC 25-27.5-2-13; (11)ES0363.2.11. -->     SECTION 11. IC 25-27.5-2-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. "Supervising physician" means a physician registered with licensed by the board who supervises and is responsible for a physician assistant.
SOURCE: IC 25-27.5-2-14; (11)ES0363.2.12. -->     SECTION 12. IC 25-27.5-2-14, AS AMENDED BY P.L.3-2008, SECTION 190, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14. (a) "Supervision" means overseeing the activities of, and accepting responsibility for, the medical services rendered by a physician assistant and that the conditions set forth in subdivision (1) or (2) are met at all times that services are rendered or tasks are performed by the physician assistant:
        (1) The supervising physician or the physician designee is physically present at the location at which services are rendered or tasks are performed by the physician assistant.
        (2) Both of the following apply:
            (A) The supervising physician or the physician designee is immediately available:
                 (i) through the use of telecommunications or other electronic means; and
                (ii)
for consultation , including being able to see the patient in person within twenty-four (24) hours if requested by the patient or the physician assistant.
            (B) Either:
                (i) the supervising physician or the physician designee is in the county of, or a contiguous county to, the onsite location in which services are rendered or tasks are performed by the physician assistant; or
                (ii) the physician or physician assistant is practicing at a hospital or health facility, or traveling to or from the hospital or health facility.
             (B) The supervising physician or the physician designee is in:
                (i) the county of the physician assistant's practice; or
                (ii) a contiguous county, including a county of a neighboring state, of the county containing the onsite location in which services are rendered or tasks are performed by the physician assistant.
        The medical licensing board may permit an exception to the requirements of this clause after receiving an exceptional circumstance waiver request with the filed supervising agreement for each individual physician assistant and practice location. An exception must be approved by the board before the commencement of the physician assistant's practice in the county that requires the exceptional circumstance waiver request.

    (b) The term includes the use of protocols, guidelines, and standing orders developed or approved by the supervising physician.
SOURCE: IC 25-27.5-3-5; (11)ES0363.2.13. -->     SECTION 13. IC 25-27.5-3-5, AS AMENDED BY P.L.177-2009, SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) The committee shall have regular meetings, called upon the request of the president or by a majority of the members appointed to the committee, and upon the advice and consent of the executive director of the Indiana professional licensing agency, for the transaction of business that comes before the committee under this article. At the first committee meeting of each calendar year, the committee shall elect a president and any other officer considered necessary by the committee by an affirmative vote of a majority of the members appointed to the committee.
    (b) Three (3) members of the committee constitute a quorum. An affirmative vote of a majority of the members appointed to the committee is required for the committee to take action on any business.
    (c) The committee shall do the following:
        (1) Consider the qualifications of individuals who apply for an initial license under this article.
        (2) Approve or reject license applications.
        (3) Approve or reject renewal applications.
        (4) Approve or reject applications for a change or addition of a supervising physician.
        (5) (4) Propose rules to the board concerning the competent practice of physician assistants and the administration of this article.
        (6) (5) Recommend to the board the amounts of fees required under this article.
SOURCE: IC 25-27.5-5-2; (11)ES0363.2.14. -->     SECTION 14. IC 25-27.5-5-2, AS AMENDED BY P.L.177-2009, SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) A physician assistant must engage in a dependent practice with physician supervision. A physician assistant may perform, under the supervision of the supervising physician, the duties and responsibilities that are delegated by the supervising physician and that are within the supervising physician's scope of practice, including prescribing and dispensing drugs and medical devices. A patient may elect to be seen, examined, and treated by the supervising physician.
    (b) If a physician assistant determines that a patient needs to be examined by a physician, the physician assistant shall immediately notify the supervising physician or physician designee.
    (c) If a physician assistant notifies the supervising physician that the physician should examine a patient, the supervising physician shall:
        (1) schedule an examination of the patient in a timely manner unless the patient declines; or
        (2) arrange for another physician to examine the patient.
    (d) If a patient is subsequently examined by the supervising physician or another physician because of circumstances described in subsection (b) or (c), the visit must be considered as part of the same encounter except for in the instance of a medically appropriate referral.
    (e) A supervising physician or physician assistant who does not comply with subsections (b) through (d) is subject to discipline under IC 25-1-9.
    (f) A physician assistant's supervisory agreement with a supervising physician must:
        (1) be in writing;
        (2) include all the tasks delegated to the physician assistant by the supervising physician;
        (3) set forth the supervisory plans for the physician assistant, including the emergency procedures that the physician assistant must follow; and
        (4) specify the name of the drug or drug classification being delegated to the physician assistant and the protocol the physician assistant shall follow in prescribing a drug.
    (g) The physician shall submit the supervisory agreement to the board. for approval. The physician assistant may not prescribe a drug under the supervisory agreement until unless the board approves denies the supervisory agreement. Any amendment to the supervisory agreement must be resubmitted to the board, for approval, and the physician assistant may not operate under any new prescriptive authority under the amended supervisory agreement until unless the agreement has been approved denied by the board.
    (h) A physician or a physician assistant who violates the supervisory agreement described in this section may be disciplined under IC 25-1-9.
SOURCE: IC 25-27.5-5-4; (11)ES0363.2.15. -->     SECTION 15. IC 25-27.5-5-4, AS AMENDED BY P.L.90-2007, SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) Except as provided in this section, a physician assistant may prescribe, dispense, and administer drugs and medical devices or services to the extent delegated by the supervising physician.
    (b) A physician assistant may not prescribe, dispense, or administer ophthalmic devices, including glasses, contact lenses, and low vision devices.
    (c) As permitted by the board, A physician assistant may use or dispense only drugs prescribed or approved by the supervising physician. A physician assistant may not prescribe or dispense the following drugs:
        (1) a schedule I substance listed in IC 35-48-2-4.
        (2) A schedule II substance listed in IC 35-48-2-6.
        (3) A schedule III, schedule IV, or schedule V drug if the drug contains oxycodone.
However, a physician assistant may prescribe one (1) dose of a drug listed in subdivision (2) or (3) for immediate administration if the patient is in an inpatient hospital post-operative setting and the physician is unavailable to make the prescription.
    (d) A physician assistant may request, receive, and sign for professional samples and may distribute professional samples to patients if the samples are within the scope of the physician assistant's prescribing privileges delegated by the supervising physician.
    (e) A physician assistant may not prescribe drugs unless the physician assistant has successfully completed at least thirty (30) contact hours in pharmacology from an educational program that is

approved by the committee.
    (f) A physician assistant may not prescribe, administer, or monitor general anesthesia, regional anesthesia, or deep sedation as defined by the board. A physician assistant may not administer moderate sedation:
        (1) if the moderate sedation contains agents in which the manufacturer's general warning advises that the drug should be administered and monitored by an individual who is:
            (A) experienced in the use of general anesthesia; and
            (B) not involved in the conduct of the surgical or diagnostic procedure; and
        (2) during diagnostic tests, surgical procedures, or obstetric procedures unless the following conditions are met:
            (A) A physician is physically present in the area, is immediately available to assist in the management of the patient, and is qualified to rescue patients from deep sedation.
            (B) The physician assistant is qualified to rescue patients from deep sedation and is competent to manage a compromised airway and provide adequate oxygenation and ventilation by reason of meeting the following conditions:
                (i) The physician assistant is certified in advanced cardiopulmonary life support.
                (ii) The physician assistant has knowledge of and training in the medications used in moderate sedation, including recommended doses, contraindications, and adverse reactions.
    (g) Before a physician assistant may prescribe drugs, the physician assistant must have been continuously employed practiced as a physician assistant:
         (1) for not less than at least one (1) year after graduating from a physician assistant program approved by the committee; To be considered to have been continuously employed as a physician assistant for a year for purposes of this subsection, a person must have worked as a physician assistant more than and
         (2) at least one thousand eight hundred (1,800) hours. during the year.

SOURCE: IC 25-27.5-5-6; (11)ES0363.2.16. -->     SECTION 16. IC 25-27.5-5-6, AS ADDED BY P.L.90-2007, SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) Except as provided in section 4(d) of this chapter, a supervising physician may delegate authority to a physician assistant to prescribe:
        (1) legend drugs except as provided in section 4(c) of this chapter; and
        (2) medical devices (except ophthalmic devices, including glasses, contact lenses, and low vision devices).
    (b) Any prescribing authority delegated to a physician assistant must be expressly delegated in writing by the physician assistant's supervising physician, including:
        (1) the name of the drug or drug classification being delegated by the supervising physician; and
        (2) the protocols the physician assistant shall use when prescribing the drug.
    (c) A physician assistant who is delegated the authority to prescribe legend drugs or medical devices must do the following:
        (1) Enter the following on each prescription form that the physician assistant uses to prescribe a legend drug or medical device:
            (A) The signature of the physician assistant.
            (B) The initials indicating the credentials awarded to the physician assistant by the NCCPA.
            (C) The physician assistant's state license number.
        (2) Comply with all applicable state and federal laws concerning prescriptions for legend drugs and medical devices.
    (d) A supervising physician may delegate to a physician assistant the authority to prescribe only legend drugs and medical devices that are within the scope of practice of the licensed supervising physician or the physician designee.
    (e) A physician assistant who is delegated the authority to prescribe controlled substances under subsection (a) and in accordance with the limitations specified in section 4(c) of this chapter, must do the following:
        (1) Obtain an Indiana controlled substance registration and a federal Drug Enforcement Administration registration.
        (2) Enter the following on each prescription form that the physician assistant uses to prescribe a controlled substance:
            (A) The signature of the physician assistant.
            (B) The initials indicating the credentials awarded to the physician assistant by the NCCPA.
            (C) The physician assistant's state license number.
            (D) The physician assistant's federal Drug Enforcement Administration (DEA) number.
        (3) Comply with all applicable state and federal laws concerning prescriptions for controlled substances.
    (f) A supervising physician may only delegate to a physician assistant the authority to prescribe controlled substances:
        (1) that may be prescribed within the scope of practice of the licensed supervising physician or the physician designee;
        (2) in an amount that does not exceed
            (A) a seven (7) thirty (30) day supply; for treatment of a single acute episode of a condition or injury; or
            (B) if a controlled substance cannot be dispensed in an amount that is small enough to meet the requirement of clause (A), the smallest dispensable amount; and
        (3) in accordance with the limitations set forth in section 4(c) of this chapter.
SOURCE: IC 25-27.5-6-1; (11)ES0363.2.17. -->     SECTION 17. IC 25-27.5-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Supervision by the supervising physician or the physician designee must be continuous but does not require the physical presence of the supervising physician at the time and the place that the services are rendered.
    (b) A supervising physician or physician designee shall review all patient encounters not later than twenty-four (24) seventy-two (72) hours after the physician assistant has seen the patient.
     (c) The supervising physician or physician designee shall review within seventy-two (72) hours after a patient encounter at least the following percentages of the patient charts:
        (1) For the first year of employment of the physician assistant, one hundred percent (100%).
        (2) For the second year of employment of the physician assistant, fifty percent (50%).
        (3) For the third year of employment of the physician assistant, twenty-five percent (25%).
However, if the physician assistant has had less than one thousand eight hundred (1,800) hours of practice, the supervising physician or physician designee shall review one hundred percent (100%) of the charts within seventy-two (72) hours of the patient encounter.

SOURCE: IC 25-27.5-6-4; (11)ES0363.2.18. -->     SECTION 18. IC 25-27.5-6-4, AS AMENDED BY P.L.177-2009, SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) A physician supervising a physician assistant must do the following:
        (1) Be licensed under IC 25-22.5.
        (2) Register with the board the physician's intent to supervise a physician assistant.
        (3) Submit a statement to the board that the physician will exercise supervision over the physician assistant in accordance with rules adopted by the board and retain professional and legal responsibility for the care rendered by the physician assistant.
        (4) Not have a disciplinary action restriction that limits the physician's ability to supervise a physician assistant.
         (5) Maintain a written agreement with the physician assistant that states the physician will:
            (A) exercise supervision over the physician assistant in accordance with any rules adopted by the board; and
            (B) retain responsibility for the care rendered by the physician assistant.
        The agreement must be signed by the physician and physician assistant, updated annually, and made available to the board upon request.

    (b) Except as provided in this section, this chapter may not be construed to limit the employment arrangement with a supervising physician under this chapter.
SOURCE: IC 35-38-1-9; (11)ES0363.2.19. -->     SECTION 19. IC 35-38-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) As used in this chapter, "recommendation" and "victim" have the meanings set out in IC 35-35-3-1.
    (b) The presentence investigation consists of the gathering of information with respect to:
        (1) the circumstances attending the commission of the offense;
        (2) the convicted person's history of delinquency or criminality, social history, employment history, family situation, economic status, education, and personal habits; and
        (3) the impact of the crime upon the victim; and
        (4) whether the convicted person is licensed or certified in a profession regulated by IC 25.

    (c) The presentence investigation may include any matter that the probation officer conducting the investigation believes is relevant to the question of sentence, and must include:
        (1) any matters the court directs to be included;
        (2) any written statements submitted to the prosecuting attorney by a victim under IC 35-35-3;
        (3) any written statements submitted to the probation officer by a victim; and
        (4) preparation of the victim impact statement required under section 8.5 of this chapter.
    (d) If there are no written statements submitted to the probation officer, he the probation officer shall certify to the court:
        (1) that he the probation officer has attempted to contact the victim; and
        (2) that if he the probation officer has contacted the victim, he

the probation officer has offered to accept the written statements of the victim or to reduce his the victim's oral statements to writing, concerning the sentence, including the acceptance of any recommendation.
    (e) A presentence investigation report prepared by a probation officer must include the information and comply with any other requirements established in the rules adopted under IC 11-13-1-8.

SOURCE: IC 35-48-3-9; (11)ES0363.2.20. -->     SECTION 20. IC 35-48-3-9, AS AMENDED BY P.L.204-2005, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) Except for dosages medically required for a period of not more than forty-eight (48) hours that are dispensed by or on the direction of a practitioner or medication dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in schedule II may be dispensed without the written or electronic prescription of a practitioner.
    (b) In emergency situations, as defined by rule of the board, schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of section 7 of this chapter. No prescription for a schedule II substance may be refilled.
    (c) Except for dosages medically required for a period of not more than forty-eight (48) hours that are dispensed by or on the direction of a practitioner, or medication dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug as determined under IC 16-42-19, shall not be dispensed without a written, electronic, or oral prescription of a practitioner. The prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner. Prescriptions for schedule III, IV, and V controlled substances may be transmitted by facsimile from the practitioner or the agent of the practitioner to a pharmacy. The facsimile prescription is equivalent to an original prescription to the extent permitted under federal law.
    (d) A controlled substance included in schedule V shall not be distributed or dispensed other than for a medical purpose.
SOURCE: ; (11)ES0363.2.21. -->     SECTION 21. An emergency is declared for this act.