Introduced Version






HOUSE BILL No. 1280

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 1-1-2.5; IC 2-5-18; IC 4-3-22; IC 4-12-1-7; IC 4-21.5; IC 4-22; IC 8-1-34-24.5; IC 25-26-13; IC 34-6-2-124; IC 34-13-5-1; IC 35-48-7-8.1.

Synopsis: Regulatory matters. Provides that intrastate commerce in Indiana is not subject to the authority of the United States Congress. Provides for a retrospective review of agency rules. Imposes a duty on a state agency under certain circumstances to give a person an opportunity to correct an alleged violation of law that is discovered in an inspection. Requires hearing officers and administrative law judges to be attorneys licensed to practice law in Indiana. Requires state agencies and instrumentalities to implement continuous process improvement techniques. Requires agencies to evaluate the benefits and costs of rules, seek alternatives to regulation, establish and publish a rulemaking docket, and encourage public participation in rulemaking proceedings. Requires that state documents provided to the public must be written in plain English. Requires each unit of local government that receives franchise fees paid to a unit from an entity providing video services to submit to the IURC an annual report on the unit's receipt and use of those franchise fees during the calendar year for which the report is submitted. Consolidates six categories of pharmacy licenses into three categories. Extends the provisions of the public lawsuit statute to cover all actions against a municipal corporation in which the petitioner has public standing.

Effective: Upon passage; July 1, 2012.





Koch




    January 11, 2012, read first time and referred to Committee on Government and Regulatory Reform.







Introduced

Second Regular Session 117th General Assembly (2012)


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 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1280



    A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

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

SOURCE: IC 1-1-2.5; (12)IN1280.1.1. -->     SECTION 1. IC 1-1-2.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 2.5. Regulation of Intrastate Commerce
    Sec. 1. This chapter applies to all:
        (1) goods grown, manufactured, or made; and
        (2) services performed;
in Indiana after July 1, 2012.
    Sec. 2. The general assembly declares the following:
        (1) The Tenth Amendment to the Constitution of the United States provides that the only powers that the federal government may exercise are those that have been delegated to the federal government in the Constitution of the United States.
        (2) The Ninth Amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people of Indiana those

rights.
        (3) Under Article I, Section 8, Clause 3 of the Constitution of the United States, the federal government is empowered to regulate commerce among the several states.
        (4) The power to regulate intrastate commerce is reserved to the states or the people under the Ninth and Tenth Amendments to the Constitution of the United States.
        (5) During the Constitutional Convention, the founders considered a plan that would have authorized the federal government not only to regulate commerce among the several states, but also to regulate any activity having spillover effects across state lines. The founders rejected this latter idea.
        (6) All:
            (A) goods grown, manufactured, or made in Indiana; and
            (B) services performed in Indiana;
        when the goods or services are sold, maintained, and retained in Indiana are not subject to the authority of the Congress of the United States under the constitutional power of Congress to regulate commerce among the several states.

SOURCE: IC 2-5-18-2.7; (12)IN1280.1.2. -->     SECTION 2. IC 2-5-18-2.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2.7. As used in this chapter, "retrospective review" means a review of a rule by an agency for any change in the relevance, clarity, and reasonableness of the rule between the time of the rule's initial adoption and the time of the review.
SOURCE: IC 2-5-18-8; (12)IN1280.1.3. -->     SECTION 3. IC 2-5-18-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) The committee shall receive and may, at its discretion, review a complaint filed by a person regarding a rule or practice of an agency.
    (b) The committee may review an agency rule, an agency practice, or a failure of an agency to adopt a rule.
    (c) The committee may recommend that a rule be modified, repealed, or adopted.
    (d) When appropriate, the committee shall prepare and arrange for the introduction of a bill to clarify the intent of the general assembly when the general assembly enacted a law or to correct the misapplication of a law by an agency.
     (e) Not more than one (1) time in any budget period (as defined in IC 4-12-1-2), the committee may, in writing, direct an agency to undertake a retrospective review of one (1) or more rules.
SOURCE: IC 2-5-18-12; (12)IN1280.1.4. -->     SECTION 4. IC 2-5-18-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY

1, 2012]: Sec. 12. (a) An agency shall carry out a periodic review of the agency's significant rules under this section.
    (b) A retrospective review under this section is in addition to a review required under section 13 of this chapter or IC 4-22-2.5.
    (c) An agency shall develop a plan to retrospectively review significant rules of the agency to determine the extent to which the rules are outmoded, ineffective, insufficient, or excessively burdensome. An agency shall submit the plan to the office of management and budget with the frequency, on the schedule, and in the form prescribed by the office of management and budget.
    (d) The agency shall publish supporting data regarding the agencies rules on the agency's Internet web site whenever possible in the format specified by the office of management and budget.
    (e) The agency shall adopt the rules necessary or appropriate to modify, streamline, expand, or repeal rules to implement the findings of the retrospective analysis.

SOURCE: IC 2-5-18-13; (12)IN1280.1.5. -->     SECTION 5. IC 2-5-18-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. (a) This section applies to an agency if the committee directs the agency to conduct a review under section 8(e) of this chapter.
    (b) A retrospective review under this section is in addition to a review required under section 12 of this chapter or IC 4-22-2.5.
    (c) If requested by the committee, an agency shall conduct a retrospective review of the rules described by the committee in the committee's request. In considering:
        (1) the continuing relevance of a rule, the agency shall consider the extent to which the rule may have over time become redundant, inconsistent, or in conflict with:
            (A) the original goals and objectives for which the rule was first proposed; or
            (B) other rules or any underlying federal or state law or regulation that initially served as the basis for the rule;
        (2) the clarity of a rule, the agency shall consider
whether the language of the rule:

            (A) has retained its clarity and use of plain and clear English;
            (B) continues to comply with the format, numbering system, standards, and techniques that were developed by the legislative council for the drafting and preparation of rules; and
            (C) could be made less complex or more understandable to

the general public; and
        (3) the reasonableness of a rule, the agency shall consider whether:
            (A) the rule has been reasonably and consistently applied with respect to the public or particular persons; and
            (B) less costly or more limited regulatory methods of achieving the original purposes of the rule have become available.
    (d) Not more than one (1) year after receiving a request to review a rule, the agency shall submit a report to the committee in an electronic format under IC 5-14-6 and, at the request of the committee, make a presentation regarding the report in a public meeting of the committee. The report must:
        (1) address each of the criteria described in subsection (c);
        (2) identify ways in which the agency proposes to amend the rule; and
        (3) recommend whether the legislative authority for the rule should be retained, repealed, or modified.

SOURCE: IC 4-3-22-1.5; (12)IN1280.1.6. -->     SECTION 6. IC 4-3-22-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1.5. As used in this chapter, "continuous process improvement" means a management methodology (commonly referred to as lean six sigma) that combines tools to improve process speed, reduce waste, and incorporate requirements with data driven project analysis to provide products and services with improved quality at lower cost.
SOURCE: IC 4-3-22-18; (12)IN1280.1.7. -->     SECTION 7. IC 4-3-22-18 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 18. (a) Each instrumentality, agency, authority, board, commission, and officers of the executive, including the administrative, department of state government and each body corporate and politic established as an instrumentality of the state, shall implement continuous process improvement for the entity.
    (b) The OMB shall advise and assist each agency in implementing continuous process improvement within the agency.
    (c) The director shall designate a center of excellence for continuous process improvement training. The director shall ensure that the center provides agencies with a common set of approaches to training in and deployment of continuous process improvement.
    (d) The executive head of each instrumentality, agency, authority, board, commission, office, and body corporate and

politic shall submit a report to the OMB with the frequency, on the schedule, and in the form specified by the OMB that describes the implementation of the entity's continuous process improvement, including information on each of the following:
        (1) The extent to which each employee of the entity has received continuous process improvement training appropriate to the position of the employee, and the relationship of the training to the deployment goals in a typical application of continuous process improvement.
        (2) A description of the application of continuous process improvement in cost-reduction projects, including any performance or quality improvements and cost savings realized as a result of the application.
        (3) A comparison of the implementation results to the goal of a twenty-five percent (25%) cost reduction per project.
The OMB shall post on the OMB's Internet web site a description of the results of the government-wide implementation of continuous process improvement.

SOURCE: IC 4-12-1-7; (12)IN1280.1.8. -->     SECTION 8. IC 4-12-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) On or before the first day of September, in any year that the budget director makes a request under this chapter, each and every state agency shall prepare and file with the budget agency on forms designated by it the budget agency a written statement, showing in detail the following:
        (1) The several amounts actually expended for the administration, operation, maintenance, and support of such state agency for at least the two (2) fiscal years which ended immediately preceding such first day of September, and the several amounts estimated by such state agency to be actually expended for the fiscal year to end on June 30 following the next regular session of the general assembly; and the actual and estimated income of such state agency for like periods.
        (2) An estimate of the necessary expenditures of such state agency for the proposed budget period as specified in the budget director's request beginning on the first day of July of the calendar year next succeeding the filing of such statement; such estimates or requests for appropriations to defray the estimated expenditures of such department shall be set forth separately for each fiscal year; and the estimated income of such state agency for like period.
        (3) A written statement showing concisely the reasons for all estimated expenditures and requests for appropriations

contemplated in the preceding subdivision (2), showing particularly the reason for any requested increase or decrease over former appropriations.
        (4) Proposals for expenditures for new projects, special purposes or objects, construction, additions, building, improvements, undertakings, or expansion of the work of any state agency requiring additional expenditures and capital outlays.
         (5) Information on the results of cost-reduction projects using continuous process improvement (as defined in IC 4-3-22-1.5) in each relevant appropriation request for the agency, and an explanation of how any savings from the implementation of these projects have affected the agency's request.
        (5) (6) Any other information related to the subject matter of the preceding subdivisions of this subsection, (a), or otherwise required to effect the purposes of this chapter, to the extent the budget agency or budget committee deems such information necessary or required, including when requested, citations to any statutes regulating, governing, or providing for continuing annual appropriations, fees, or other sources of income.
    (b) The budget agency shall examine such written statements and review and analyze all of the information, data, estimates, requests for appropriations and for other authorizations to spend state funds as the several state agencies have prepared and filed them. As promptly as possible the budget agency shall complete its examination, review, and analysis and shall prepare recommendations for a budget report, and from time to time shall submit these to the budget committee for its consideration at one (1) of its the budget committee's meetings.

SOURCE: IC 4-21.5-1-3; (12)IN1280.1.9. -->     SECTION 9. IC 4-21.5-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) "Agency" means, except as provided in subsection (b), any officer, board, commission, department, division, bureau, or committee of state government that is responsible for any stage of a proceeding under this article. Except as provided in IC 4-21.5-7, the term does not include the judicial department of state government, the legislative department of state government, or a political subdivision.
     (b) "Agency", for purposes of IC 4-21.5-2-7, IC 4-21.5-2-8, IC 4-21.5-2.5, and IC 4-21.5-2.7, means any officer, board, commission, department, division, bureau, or committee of state government in the executive department of state government, including the administrative department.
SOURCE: IC 4-21.5-1-13; (12)IN1280.1.10. -->     SECTION 10. IC 4-21.5-1-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 13. (a) "Proceeding"

refers, except as provided in subsection (b), to a proceeding under this article.
     (b) "Proceeding", for purposes of IC 4-21.5-2.7, means any part of:
        (1) a preliminary proceeding required to issue an order after giving notice of the proposed order to the affected party; or
        (2) a proceeding conducted to administratively review an affected person's petition to review an order;
including the consideration of related motions.

SOURCE: IC 4-21.5-2-7; (12)IN1280.1.11. -->     SECTION 11. IC 4-21.5-2-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. Notwithstanding sections 4, 5, and 6 of this chapter, IC 4-21.5-2.5 applies to all agencies in the executive department of state government, including the administrative department.
SOURCE: IC 4-21.5-2-8; (12)IN1280.1.12. -->     SECTION 12. IC 4-21.5-2-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. Notwithstanding sections 4, 5, and 6 of this chapter, IC 4-21.5-2.7 applies to all agencies in the executive department of state government, including the administrative department.
SOURCE: IC 4-21.5-2.5; (12)IN1280.1.13. -->     SECTION 13. IC 4-21.5-2.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 2.5. Opportunity to Correct
    Sec. 1. Except as provided in sections 2 and 3 of this chapter, this chapter applies to the resolution of an alleged violation of a state rule within the jurisdiction of an agency that is discovered in an inspection conducted after June 30, 2011.
    Sec. 2. This chapter does not apply if:
        (1) the agency conducting the inspection determines that the alleged violation:
            (A) represents intentional misconduct or an act of fraud by a responsible person or an agent of the responsible person;
            (B) is not correctable within a reasonable time, as determined by the agency;
            (C) demonstrates, by a continuing pattern of conduct, a willful disregard by the responsible person of the person's obligation to remedy the violation after the responsible person becomes aware of the violation; or
            (D) constitutes an immediate risk to:
                (i) any person;
                (ii) the public health, safety, or welfare; or
                (iii) the environment;
        (2) another statute (including IC 13-30-3) provides a substantially similar procedure for correction of an alleged violation of a rule before the agency:
            (A) imposes a sanction on a person; or
            (B) terminates a legal right, duty, privilege, immunity, or other legal interest of a person;
        (3) application of this chapter to a violation would violate a federal law or regulation;
        (4) the alleged violation is a violation of an ethics code or another rule governing the conduct of an agency employee or contractor in the procurement or performance of services or the delivery of property to a governmental entity; or
        (5) the alleged violation was discovered as part of the preparation of a health care licensing and certification survey by the department of health.

     Sec. 3. This chapter does not limit an agency's authority to issue an emergency or a temporary order under IC 4-21.5-4 or another law if:
        (1) an emergency exists; or
        (2) a statute authorizes the agency to issue a temporary order or otherwise take immediate agency action.
    Sec. 4. As used in this chapter, "inspection" means:
        (1) visual analysis; or
        (2) performance of tests;
undertaken to evaluate the operation, use, or condition of real or personal property.
    Sec. 5. As used in this chapter, "violation" refers to a violation of a state rule adopted by an agency.
    Sec. 6. If an investigation discloses a possible violation, the agency shall proceed under:
        (1) section 7 of this chapter; or
        (2) first section 7 of this chapter and then section 10 of this chapter.
    Sec. 7. The agency shall:
        (1) notify the alleged violator in writing that the agency believes a violation may exist; and
        (2) extend an offer in writing to the alleged violator giving the alleged violator an opportunity to enter into a corrective plan to correct the alleged violation before the agency imposes a civil penalty or takes another enforcement action permitted under section 10 of this chapter or another law.
    Sec. 8. (a) The notice to an alleged violator under section 7 of

this chapter must include the following:
        (1) A description of the actions that must be taken to correct the alleged violation.
        (2) The date before which the alleged violator must enter into a corrective plan with the agency in order to avoid an enforcement action under section 10 of this chapter or another law.
        (3) A statement that the alleged violator may enter into a corrective plan without admitting that the violation occurred.
    (b) The agency may condition an offer on a requirement that the alleged violator take one (1) or more actions to protect the safety and property of other persons during the time in which the alleged violator reviews the proposed corrective plan.
    (c) A corrective plan must require the alleged violator to notify the agency within the time specified in the corrective plan that the violation has been corrected.
    Sec. 9. The agency shall determine whether an alleged violator has substantially corrected the violation under a corrective plan under this chapter and notify the alleged violator as to whether the alleged violator is in substantial compliance with the applicable rule not more than thirty (30) days after the earlier of the date that:
        (1) the alleged violation must be corrected under the corrective plan; or
        (2) the alleged violator notifies the agency that the alleged violator has corrected the violation.
    Sec. 10. If:
        (1) a corrective plan is not entered into; or
        (2) an alleged violator fails to substantially correct an alleged violation within the time specified in a corrective plan entered into under this chapter;
the agency may issue a corrective order and take any enforcement action authorized by law for the violation.

     Sec. 11. The following are public records:
        (1) A corrective plan entered into under this chapter.
        (2) The results of an inspection under section 9 of this chapter.
        (3) Any corrective order described in section 10 of this chapter.
An agency shall retain the public records described in subdivisions (1) through (3) in accordance with the appropriate retention schedule established under IC 5-15.

SOURCE: IC 4-21.5-2.7; (12)IN1280.1.14. -->     SECTION 14. IC 4-21.5-2.7 IS ADDED TO THE INDIANA CODE

AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 2.7. Qualifications of Administrative Law Judge or Other Hearing Officer
    Sec. 1. This chapter applies to all agencies notwithstanding any law enacted before April 1, 2012.
    Sec. 2. This chapter does not apply to the ultimate authority for an agency or a member of the ultimate authority for an agency when the ultimate authority is a panel of individuals.
    Sec. 3. The administrative law judge or other hearing officer for a proceeding must be an attorney licensed to practice law in Indiana.

     Sec. 4. An agency may not knowingly assign an individual to serve alone or with others as an administrative law judge or other hearing officer who is subject to disqualification under this chapter.
    Sec. 5. If an individual appointed as an administrative law judge or other hearing officer believes that the individual is disqualified under this chapter from serving as an administrative law judge or other hearing officer, the individual shall withdraw as the administrative law judge or other hearing officer.
    Sec. 6. Any party to a proceeding may petition for the disqualification of an individual serving alone or with others as an administrative law judge or other hearing officer upon discovering facts establishing grounds for disqualification under this chapter. The administrative law judge or other hearing officer assigned to the proceeding shall determine whether to grant the petition, stating facts and reasons for the determination. If the administrative law judge or other hearing officer ruling on the disqualification issue is not the ultimate authority for the agency, the party petitioning for disqualification may petition the ultimate authority in writing for review of the ruling not later than ten (10) days after notice of the ruling is served. The ultimate authority shall conduct proceedings described by IC 4-21.5-3-28 to review the petition and affirm, modify, or dissolve the ruling not later than thirty (30) days after the petition is filed. A determination by the ultimate authority under this section is a final order subject to judicial review under IC 4-21.5-5.
    Sec. 7. If a substitute is required for an administrative law judge or other hearing officer who is disqualified or becomes unavailable for any other reason, the substitute must be appointed by the ultimate authority for the agency. Any action taken by an

appointed substitute for a disqualified or unavailable administrative law judge or other hearing officer is as effective as if taken by the administrative law judge or other hearing officer.

SOURCE: IC 4-21.5-3-9; (12)IN1280.1.15. -->     SECTION 15. IC 4-21.5-3-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) Except to the extent that a statute other than this article limits an agency's discretion to select an administrative law judge, the ultimate authority for an agency may:
        (1) act as an administrative law judge;
        (2) designate one (1) or more members of the ultimate authority (if the ultimate authority is a panel of individuals) to act as an administrative law judge; or
        (3) designate one (1) or more other individuals, not necessarily employees of the agency, to act as an administrative law judge.
A designation under subdivision (2) or (3) may be made in advance of the commencement of any particular proceeding for a generally described class of proceedings or may be made for a particular proceeding. A general designation may provide procedures for the assignment of designated individuals to particular proceedings.
     (b) An individual designated under subsection (a)(3) must be an attorney licensed to practice law in Indiana.
    (b) (c) An agency may not knowingly assign an individual to serve alone or with others as an administrative law judge who is subject to disqualification under this chapter.
    (c) (d) If the judge believes that the judge's impartiality might reasonably be questioned, or believes that the judge's personal bias, prejudice, or knowledge of a disputed evidentiary fact might influence the decision, an individual assigned to serve alone or with others as an administrative law judge shall:
        (1) withdraw as the administrative law judge; or
        (2) inform the parties of the potential basis for disqualification, place a brief statement of this basis on the record of the proceeding, and allow the parties an opportunity to petition for disqualification under subsection (d). (e).
    (d) (e) Any party to a proceeding may petition for the disqualification of an individual serving alone or with others as an administrative law judge upon discovering facts establishing grounds for disqualification under this chapter. The administrative law judge assigned to the proceeding shall determine whether to grant the petition, stating facts and reasons for the determination. If the administrative law judge ruling on the disqualification issue is not the ultimate authority for the agency, the party petitioning for

disqualification may petition the ultimate authority in writing for review of the ruling within ten (10) days after notice of the ruling is served. The ultimate authority shall conduct proceedings described by section 28 of this chapter to review the petition and affirm, modify, or dissolve the ruling within thirty (30) days after the petition is filed. A determination by the ultimate authority under this subsection is a final order subject to judicial review under IC 4-21.5-5.
    (e) (f) If a substitute is required for an administrative law judge who is disqualified or becomes unavailable for any other reason, the substitute must be appointed in accordance with subsection (a).
    (f) (g) Any action taken by a duly appointed substitute for a disqualified or unavailable administrative law judge is as effective as if taken by the latter.

SOURCE: IC 4-21.5-7-6; (12)IN1280.1.16. -->     SECTION 16. IC 4-21.5-7-6, AS AMENDED BY P.L.99-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) An environmental law judge hired after July 1, 1995, and the director must:
        (1) be attorneys admitted to the bar of Indiana;
        (2) have at least five (5) years of experience practicing administrative or environmental law in Indiana;
        (3) be independent of the department of environmental management; and
        (4) be subject to all provisions applicable to an administrative law judge under this article.
    (b) The director or an environmental law judge may be removed for cause under:
        (1) this article;
        (2) IC 4-15-2 (before its repeal), through application of the standards for removal for cause of a person in the state service (as defined in IC 4-15-2-3.8 (repealed)); or
        (3) applicable provisions of the code of judicial conduct.
    (c) The director may appoint a special environmental law judge. The special environmental law judge must meet the requirements of subsection (a).
SOURCE: IC 4-22-2-19.5; (12)IN1280.1.17. -->     SECTION 17. IC 4-22-2-19.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 19.5. (a) To the extent possible, a rule adopted under this article or under IC 13-14-9.5 shall comply with the following:
        (1) Minimize the expenses and other burdens to:
            (A) regulated entities that are required to comply with the rule;
            (B) persons who pay taxes or pay fees for government services affected by the rule; and
            (C) consumers of products and services of regulated entities affected by the rule;
         taking into account, among other things and to the extent practicable, the costs of cumulative rules of the same and other agencies.
        (2) Achieve the regulatory goal in the least restrictive manner.
        (3) Avoid duplicating standards found in state or federal laws.
        (4) Be written for ease of comprehension.
        (5) Have practicable enforcement.
         (6) To the extent feasible, specify performance objectives rather than a specific behavior or manner of compliance that regulated entities must adopt.
         (7) Be based on a reasoned determination that the rule's benefits justify the rule's costs (recognizing that some benefits and costs are difficult to quantify).
     (b) To the extent possible, an agency shall do the following:
        (1) To the extent permitted by law, identify and assess available alternatives to direct regulation, including providing:
            (A) economic incentives to encourage the desired behavior; or
            (B) information upon which choices can be made by the public.
        (2) When relevant, feasible, and consistent with regulatory objectives, and to the extent permitted by law, identify and consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public.
        (3) Select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages, distributive impacts, and equity).

Regulatory approaches that comply with this subsection include warnings, appropriate default rules, and disclosure requirements, as well as provision of information to the public in a form that is clear and intelligible.
    (c) In applying the principles under subsections (a) and (b), each agency is directed to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.
    (d) In developing regulatory actions and identifying appropriate approaches, each agency shall attempt to promote coordination,

simplification, and harmonization of rules among agencies. Each agency shall also seek to identify, as appropriate, means to achieve regulatory goals that are designed to promote innovation.
    (b) (e) Subsection Subsections (a), does (b), (c), and (d) do not apply to a rule that must be adopted in a certain form to comply with federal law.
     (f) Each agency shall ensure the objectivity of any scientific and technological information and processes used to support the agency's rulemaking actions.

SOURCE: IC 4-22-2-19.7; (12)IN1280.1.18. -->     SECTION 18. IC 4-22-2-19.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 19.7. To the extent feasible and consistent with law, rules that an agency intends to adopt under sections 24 through 36 of this chapter shall be based on the open exchange of information and perspectives among state and local officials, experts with relevant disciplines, affected stakeholders in the private sector, and the public as a whole. An agency, to the extent feasible and permitted by law, shall afford the public a meaningful opportunity to comment through the Internet on proposed rules. An agency shall consider providing a comment period that exceeds the minimum required by law.
SOURCE: IC 4-22-2-22.5; (12)IN1280.1.19. -->     SECTION 19. IC 4-22-2-22.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 22.5. (a) This section applies to a rule that an agency intends to adopt under sections 24 through 36 of this chapter.
    (b) Each agency shall maintain a current rulemaking docket that is indexed.
    (c) A current rulemaking docket must list each pending rulemaking proceeding. The docket must state or contain:
        (1) the subject matter of the proposed rule;
        (2) notices related to the proposed rule;
        (3) how comments may be made;
        (4) the time within which comments may be made;
        (5) where comments may be inspected;
        (6) requests for a public hearing;
        (7) appropriate information about a public hearing, if any, including the names of the persons making the request;
        (8) a description of relevant scientific and technical findings related to the proposed rule; and
        (9) the timetable for action.
    (d) The agency shall maintain the rulemaking docket on the

agency's Internet web site. The information must be in an open format that can be easily searched and downloaded. Access to the docket shall, to the extent feasible and permitted by law, provide an opportunity for public comment on the pertinent parts of the rulemaking docket, including relevant scientific and technical findings. Upon request, the agency shall provide a written rulemaking docket.

SOURCE: IC 4-22-2-23; (12)IN1280.1.20. -->     SECTION 20. IC 4-22-2-23, AS AMENDED BY P.L.215-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 23. (a) This section does not apply to rules adopted under IC 4-22-2-37.1.
    (b) At least twenty-eight (28) days before an agency notifies the public of the agency's intention to adopt a rule under section 24 of this chapter, the agency shall notify the public of its intention to adopt a rule by publishing a notice of intent to adopt a rule in the Indiana Register. The publication notice must include an overview of the intent and scope of the proposed rule and the statutory authority for the rule.
    (c) The requirement to publish a notice of intent to adopt a rule under subsection (b) does not apply to rulemaking under IC 13-14-9.
    (d) In addition to the procedures required by this article, an agency may shall solicit comments from the public on the need for a rule, the drafting of a rule, or any other subject related to a rulemaking action, including members of the public who are likely to be affected because they are the subject of the potential rulemaking or are likely to benefit from the potential rulemaking. The procedures that the agency may use include the holding of conferences and the inviting of written suggestions, facts, arguments, or views.
    (e) The agency shall prepare a written response that contains a summary of the comments received during any part of the rulemaking process. The written response is a public document. The agency shall make the written response available to interested parties upon request.
SOURCE: IC 4-22-10; (12)IN1280.1.21. -->     SECTION 21. IC 4-22-10 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 10. Document Drafting Standards
    Sec. 1. As used in this chapter, "agency" has the meaning set forth in IC 4-22-2-3.
    Sec. 2. As used in this chapter, "covered document" means any document that:
        (1) is necessary for obtaining any benefit or service administered or provided by an agency, or for filing taxes with an agency;
        (2) provides information about any state benefit or service; or
        (3) explains to the public how to comply with a requirement an agency administers or enforces.
The term includes (whether in paper or electronic form) a letter, publication, form, notice, or instruction. The term does not include a rule subject to the format, numbering system, standards, and techniques established under IC 4-22-2-42.
    Sec. 3. As used in this chapter, "plain writing" means writing that is clear, concise, and well-organized, and follows other best practices appropriate to the subject or field and intended audience.
    Sec. 4. (a) The office of management and budget must be fully in compliance with this section after September 30, 2012.
    (b) The director of the office of management and budget shall develop and issue guidance on implementing the requirements of this chapter. The director may designate a lead agency, and may use interagency working groups to assist, in developing and issuing the guidance. Before issuance of guidance under this section, agencies may follow:
        (1) the writing guidelines developed by the Plain Language Action and Information Network; or
        (2) guidance provided by the head of the agency that is consistent with the guidelines referred to in subdivision (1).
    Sec. 5. (a) An agency must be fully in compliance with this section after December 31, 2012.
    (b) The head of each agency shall do the following:
        (1) Designate one (1) or more senior officials within the agency to oversee the agency's implementation of this chapter.
        (2) Communicate the requirements of this chapter to employees of the agency.
        (3) Train employees of the agency in plain writing.
        (4) Establish a process for overseeing the ongoing compliance of the agency with the requirements of this chapter.
        (5) Designate one (1) or more employees of the agency to be the contact to receive and respond to public comments on agency implementation of this chapter.
    Sec. 6. (a) An agency must be fully in compliance with this section after March 31, 2013.
    (b) An agency shall use plain writing in every covered document that the agency issues or substantially revises.
    Sec. 7. (a) An agency must be fully in compliance with this section after September 30, 2013.
    (b) The head of each agency shall annually submit to the legislative council in an electronic format under IC 5-14-6 a report on agency compliance with the requirements of this chapter.
    Sec. 8. An action or omission under this chapter or related to guidance implementing this chapter is not subject to judicial review.

SOURCE: IC 8-1-34-24.5; (12)IN1280.1.22. -->     SECTION 22. IC 8-1-34-24.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 24.5. (a) This section applies to any unit that receives franchise fees paid to the unit under:
        (1) a certificate issued by the commission under this chapter; or
        (2) an unexpired local franchise issued by the unit before July 1, 2006;
with respect to a particular calendar year.
    (b) For each calendar year, beginning with the calendar year ending December 31, 2012, each unit to which this section applies shall submit to the commission, on a form or in the manner prescribed by the commission, a report that includes the following information for each certificate or local franchise in effect in the unit during the calendar year for which the report is submitted:
        (1) The amount of franchise fees paid to the unit under the certificate or local franchise.
        (2) The account of the local unit into which the franchise fees identified under subdivision (1) were deposited.
        (3) The purposes for which any franchise fees received by the unit during:
            (A) the calendar year for which the report is submitted; or
            (B) a previous calendar year;
        were used or spent by the unit during the calendar year for which the report is submitted.

         (4) Any other information or data concerning the receipt and use of franchise fees that the commission considers appropriate.
     (c) The commission shall prescribe the form of the report and the process, deadlines, and other requirements for submitting the report required under this section.
    (d) Upon receiving the annual reports required under this section, the commission shall compile and organize the data and information contained in the reports. The commission shall include a summary of the data and information contained in the reports in the commission's annual report on the communications industry

provided to the regulatory flexibility committee established by IC 8-1-2.6-4. However, this subsection does not empower the commission to disclose confidential and proprietary business plans and other confidential information without adequate protection of the information. The commission shall exercise all necessary caution to avoid disclosure of confidential information supplied under this section.
    (e) The commission may adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, to implement this section. An emergency rule adopted by the commission under IC 4-22-2-37.1 expires on the date a rule that supersedes the emergency rule is adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36. However, any emergency rules adopted by the commission under this subsection must take effect by a date that enables a unit subject to this section to comply with this section with respect to the calendar year ending December 31, 2012.

SOURCE: IC 25-26-13-17; (12)IN1280.1.23. -->     SECTION 23. IC 25-26-13-17, AS AMENDED BY P.L.98-2006, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17. (a) The board shall establish classes of pharmacy permits as follows:
        Type Category I. A retail permit for a pharmacy that provides pharmaceutical care to the general public by the dispensing of a drug or device.
        Type Category II. An institutional permit for hospitals, clinics, health care facilities, sanitariums, nursing homes, or dispensaries that offer pharmaceutical care by dispensing a drug product to an inpatient under a drug order or to an outpatient of the institution under a prescription.
        Type Category III. A permit for a pharmacy that is not:
            (A) open to the general public; or
            (B) located in an institution listed under a Type II permit;
        and provides pharmaceutical care to a patient who is located in an institution or in the patient's home.
        Type IV. A permit for a pharmacy not open to the general public that provides pharmaceutical care by dispensing drugs and devices to patients exclusively through the United States Postal Services or other parcel delivery service.
        Type V. A permit for a pharmacy that engages exclusively in the preparation and dispensing of diagnostic or therapeutic radioactive drugs.
        Type VI. A permit for a pharmacy open to the general public that

provides pharmaceutical care by engaging in an activity under a Type I or Type III permit. A pharmacy that obtains a Type VI permit may provide services to:
            (A) a home health care patient;
            (B) a long term care facility; or
            (C) a member of the general public. that provides closed door, central fill, mail order, or other processing operations that do not include customer-facing activities but include:
            (A) traditional pharmacy functions; or
            (B) nontraditional pharmacy functions, such as infusion, nuclear pharmacy, or sterile compounding.

    (b) Hospitals holding a Type Category II permit may offer drugs or devices to an employee, student, or medical staff member or their dependents for their own use.
    (c) Nothing in this section prohibits a pharmacy holding a Category I or Category II permit other than a Type IV permit from delivering drugs or devices through mail, parcel delivery, or hand delivery.
    (d) Hospitals holding a Type Category II permit may operate remote locations within a reasonable distance of the licensed area, as determined by the board, after:
        (1) filing an application on a form prepared by the board;
        (2) having each location inspected by the board; and
        (3) obtaining approval from the board.
    (e) Any applicable rule governing the practice of pharmacy in Indiana shall apply to all permits under this section.
     (f) After June 30, 2012, a person with:
        (1) a Type I permit shall be treated as holding a Category I permit;
        (2) a Type II permit shall be treated as holding a Category II permit; and
        (3) a Type III, IV, V, or VI permit shall be treated as holding a Category III permit.
The change in the name of the permit does not change the expiration date of the permit.
    (g) After June 30, 2012, a reference in any rule or other document to:
        (1) a
Type I permit shall be treated as a reference to a Category I permit;
        (2) a
Type II permit shall be treated as a reference to a Category II permit; or
        (3) a Type III, IV, V, or VI permit
shall be treated as a

reference to a Category III permit.

SOURCE: IC 25-26-13-19; (12)IN1280.1.24. -->     SECTION 24. IC 25-26-13-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 19. (a) A pharmacy holding a Type Category I or Type VI Category III permit may be open to the general public without a pharmacist on duty if the following conditions are met:
        (1) Approval is obtained from the board.
        (2) All legend drugs and other merchandise that can only be dispensed by a pharmacist are securely locked or secured by an alternative system approved by the board when the pharmacist is absent.
        (3) During the pharmacist's absence, a sign at least twenty (20) inches by thirty (30) inches is prominently displayed in the prescription department stating: "Prescription Department Closed, No Pharmacist on Duty".
        (4) Only a pharmacist has access to the secured area.
    (b) The board may revoke or limit a pharmacy's privilege under this section after a hearing under IC 4-21.5-3.
SOURCE: IC 25-26-13-20; (12)IN1280.1.25. -->     SECTION 25. IC 25-26-13-20, AS AMENDED BY P.L.98-2006, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 20. (a) A person desiring to open, establish, operate, or maintain a pharmacy shall apply to the board for a pharmacy permit on a form provided by the board. The applicant shall set forth:
        (1) the name and occupation of the persons desiring the permit;
        (2) the location, including street address and city, of the pharmacy;
        (3) the name of the pharmacist who will qualify the pharmacy by being responsible to the board for the legal operation of the pharmacy under the permit; and
        (4) such other information as the board may require.
    (b) If the applicant desires to open, establish, operate, or maintain more than one (1) pharmacy, he the applicant must file a separate application for each. Each pharmacy must be qualified by a different pharmacist.
    (c) The board shall permit a pharmacist to serve as a qualifying pharmacist for more than one (1) pharmacy holding a Type Category II pharmacy permit upon the holder of the Type Category II permit showing circumstances establishing that:
        (1) the permit holder has made a reasonable effort, without success, to obtain a qualifying pharmacist who is not serving as a qualifying pharmacist at another Type Category II pharmacy;

and
        (2) the single pharmacist could effectively fulfill all duties and responsibilities of the qualifying pharmacist at both locations.
    (d) The board shall grant or deny an application for a permit not later than one hundred twenty (120) days after the application and any additional information required by the board are submitted.
    (e) The board may not issue a pharmacy permit to a person who desires to operate the pharmacy out of a residence.

SOURCE: IC 25-26-13-25; (12)IN1280.1.26. -->     SECTION 26. IC 25-26-13-25, AS AMENDED BY P.L.174-2011, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 25. (a) All original prescriptions, whether in written or electronic format, shall be numbered and maintained in numerical and chronological order, or in a manner approved by the board and accessible for at least two (2) years in the pharmacy. A prescription transmitted from a practitioner by means of communication other than writing must immediately be reduced to writing or recorded in an electronic format by the pharmacist. The files shall be open for inspection to any member of the board or its the board's duly authorized agent or representative.
    (b) A prescription may be electronically transmitted from the practitioner by computer or another electronic device to a pharmacy that is licensed under this article or any other state or territory. An electronic data intermediary that is approved by the board:
        (1) may transmit the prescription information between the prescribing practitioner and the pharmacy;
        (2) may archive copies of the electronic information related to the transmissions as necessary for auditing and security purposes; and
        (3) must maintain patient privacy and confidentiality of all archived information as required by applicable state and federal laws.
    (c) Except as provided in subsection (d), a prescription for any drug, the label of which bears either the legend, "Caution: Federal law prohibits dispensing without prescription" or "Rx Only", may not be refilled without written, electronically transmitted, or oral authorization of a licensed practitioner.
    (d) A prescription for any drug, the label of which bears either the legend, "Caution: Federal law prohibits dispensing without prescription" or "Rx Only", may be refilled by a pharmacist one (1) time without the written, electronically transmitted, or oral authorization of a licensed practitioner if all of the following conditions are met:
        (1) The pharmacist has made every reasonable effort to contact

the original prescribing practitioner or the practitioner's designee for consultation and authorization of the prescription refill.
        (2) The pharmacist believes that, under the circumstances, failure to provide a refill would be seriously detrimental to the patient's health.
        (3) The original prescription authorized a refill but a refill would otherwise be invalid for either of the following reasons:
            (A) All of the authorized refills have been dispensed.
            (B) The prescription has expired under subsection (g).
        (4) The prescription for which the patient requests the refill was:
            (A) originally filled at the pharmacy where the request for a refill is received and the prescription has not been transferred for refills to another pharmacy at any time; or
            (B) filled at or transferred to another location of the same pharmacy or its affiliate owned by the same parent corporation if the pharmacy filling the prescription has full access to prescription and patient profile information that is simultaneously and continuously updated on the parent corporation's information system.
        (5) The drug is prescribed for continuous and uninterrupted use and the pharmacist determines that the drug is being taken properly in accordance with IC 25-26-16.
        (6) The pharmacist shall document the following information regarding the refill:
            (A) The information required for any refill dispensed under subsection (e).
            (B) The dates and times that the pharmacist attempted to contact the prescribing practitioner or the practitioner's designee for consultation and authorization of the prescription refill.
            (C) The fact that the pharmacist dispensed the refill without the authorization of a licensed practitioner.
        (7) The pharmacist notifies the original prescribing practitioner of the refill and the reason for the refill by the practitioner's next business day after the refill has been made by the pharmacist.
        (8) Any pharmacist initiated refill under this subsection may not be for more than the minimum amount necessary to supply the patient through the prescribing practitioner's next business day. However, a pharmacist may dispense a drug in an amount greater than the minimum amount necessary to supply the patient through the prescribing practitioner's next business day if:
            (A) the drug is packaged in a form that requires the pharmacist

to dispense the drug in a quantity greater than the minimum amount necessary to supply the patient through the prescribing practitioner's next business day; or
            (B) the pharmacist documents in the patient's record the amount of the drug dispensed and a compelling reason for dispensing the drug in a quantity greater than the minimum amount necessary to supply the patient through the prescribing practitioner's next business day.
        (9) Not more than one (1) pharmacist initiated refill is dispensed under this subsection for a single prescription.
        (10) The drug prescribed is not a controlled substance.
A pharmacist may not refill a prescription under this subsection if the practitioner has designated on the prescription form the words "No Emergency Refill".
    (e) When refilling a prescription, the refill record shall include:
        (1) the date of the refill;
        (2) the quantity dispensed if other than the original quantity; and
        (3) the dispenser's identity on:
            (A) the original prescription form; or
            (B) another board approved, uniformly maintained, readily retrievable record.
    (f) The original prescription form or the other board approved record described in subsection (e) must indicate by the number of the original prescription the following information:
        (1) The name and dosage form of the drug.
        (2) The date of each refill.
        (3) The quantity dispensed.
        (4) The identity of the pharmacist who dispensed the refill.
        (5) The total number of refills for that prescription.
    (g) A prescription is valid for not more than one (1) year after the original date of issue.
    (h) A pharmacist may not knowingly dispense a prescription after the demise of the practitioner, unless in the pharmacist's professional judgment it is in the best interest of the patient's health.
    (i) A pharmacist may not knowingly dispense a prescription after the demise of the patient.
    (j) A pharmacist or a pharmacy shall not resell, reuse, or redistribute a medication that is returned to the pharmacy after being dispensed unless the medication:
        (1) was dispensed to an individual:
            (A) residing in an institutional facility (as defined in 856 IAC 1-28.1-1(6));


            (B) in a hospice program under IC 16-25; or
            (C) in a county jail or department of correction facility;
        (2) was properly stored and securely maintained according to sound pharmacy practices;
        (3) is returned unopened and:
            (A) was dispensed in the manufacturer's original:
                (i) bulk, multiple dose container with an unbroken tamper resistant seal; or
                (ii) unit dose package; or
            (B) was packaged by the dispensing pharmacy in a:
                (i) multiple dose blister container; or
                (ii) unit dose package;
        (4) was dispensed by the same pharmacy as the pharmacy accepting the return;
        (5) is not expired; and
        (6) is not a controlled substance (as defined in IC 35-48-1-9), unless the pharmacy holds a Type Category II permit (as described in section 17 of this chapter).
    (k) A pharmacist or a pharmacy shall not resell, reuse, or redistribute medical devices or medical supplies used for prescription drug therapy that have been returned to the pharmacy after being dispensed unless the medical devices or medical supplies:
        (1) were dispensed to an individual in a county jail or department of correction facility;
        (2) are not expired; and
        (3) are returned unopened and in the original sealed packaging.
    (l) A pharmacist may use the pharmacist's professional judgment as to whether to accept medication for return under this section.
    (m) A pharmacist who violates subsection (d) commits a Class A infraction.
SOURCE: IC 34-6-2-124; (12)IN1280.1.27. -->     SECTION 27. IC 34-6-2-124 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 124. (a) "Public lawsuit", for purposes of IC 34-13-5, means:
        (1) any action in which the validity, location, wisdom, feasibility, extent, or character of construction, financing, or leasing of a public improvement by a municipal corporation is questioned directly or indirectly, including but not limited to suits for declaratory judgments or injunctions to declare invalid or to enjoin the construction, financing, or leasing; and
        (2) any action to declare invalid or enjoin the creation, organization, or formation of any municipal corporation;
        (3) any action to enforce a public right or duty of a municipal

corporation;
        (4) any action challenging directly or indirectly the constitutionality of an action of a municipal corporation or an ordinance or resolution of a municipal corporation;
        (5) any action challenging directly or indirectly an action of a municipal corporation on the grounds that the action is in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; and
        (6) any other action in which a petitioner has public standing to enforce a duty of a municipal corporation affecting not a private right, but a public right, common to citizens of the municipal corporation or the taxpayers of the municipal corporation.

    (b) The definition of "public lawsuit", as used in IC 34-13-5, shall not be construed to broaden any right of action as is validly limited by applicable law.

SOURCE: IC 34-13-5-1; (12)IN1280.1.28. -->     SECTION 28. IC 34-13-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. All public lawsuits shall be brought solely in conformity with and governed by the provisions of this chapter. This chapter is supplemental to any other cause of action that a plaintiff may have under any other law. A statute that limits a cause of action to persons adversely affected or aggrieved by an action of a municipal corporation does not prohibit a plaintiff from bringing a public lawsuit under this chapter.
SOURCE: IC 35-48-7-8.1; (12)IN1280.1.29. -->     SECTION 29. IC 35-48-7-8.1, AS AMENDED BY P.L.42-2011, SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8.1. (a) The board shall provide for a controlled substance prescription monitoring program that includes the following components:
        (1) Each time a controlled substance designated by the board under IC 35-48-2-5 through IC 35-48-2-10 is dispensed, the dispenser shall transmit to the INSPECT program the following information:
            (A) The controlled substance recipient's name.
            (B) The controlled substance recipient's or the recipient representative's identification number or the identification number or phrase designated by the INSPECT program.
            (C) The controlled substance recipient's date of birth.
            (D) The national drug code number of the controlled substance dispensed.
            (E) The date the controlled substance is dispensed.
            (F) The quantity of the controlled substance dispensed.
            (G) The number of days of supply dispensed.
            (H) The dispenser's United States Drug Enforcement Agency registration number.
            (I) The prescriber's United States Drug Enforcement Agency registration number.
            (J) An indication as to whether the prescription was transmitted to the pharmacist orally or in writing.
            (K) Other data required by the board.
        (2) The information required to be transmitted under this section must be transmitted not more than seven (7) days after the date on which a controlled substance is dispensed.
        (3) A dispenser shall transmit the information required under this section by:
            (A) uploading to the INSPECT web site;
            (B) a computer diskette; or
            (C) a CD-ROM disk;
        that meets specifications prescribed by the board.
        (4) The board may require that prescriptions for controlled substances be written on a one (1) part form that cannot be duplicated. However, the board may not apply such a requirement to prescriptions filled at a pharmacy with a Type Category II permit (as described in IC 25-26-13-17) and operated by a hospital licensed under IC 16-21, or prescriptions ordered for and dispensed to bona fide enrolled patients in facilities licensed under IC 16-28. The board may not require multiple copy prescription forms for any prescriptions written. The board may not require different prescription forms for any individual drug or group of drugs. Prescription forms required under this subdivision must be approved by the Indiana board of pharmacy established by IC 25-26-13-3.
        (5) The costs of the program.
    (b) This subsection applies only to a retail pharmacy. A pharmacist, pharmacy technician, or person authorized by a pharmacist to dispense a controlled substance may not dispense a controlled substance to a person who is not personally known to the pharmacist, pharmacy technician, or person authorized by a pharmacist to dispense a controlled substance unless the person taking possession of the controlled substance provides documented proof of the person's identification to the pharmacist, pharmacy technician, or person authorized by a pharmacist to dispense a controlled substance.
SOURCE: ; (12)IN1280.1.30. -->     SECTION 30. An emergency is declared for this act.