Citations Affected:
IC 10-13-3-36
;
IC 25-1-9-7
;
IC 25-1-9-15
;
IC 25-23-1
;
IC 25-29-6-1
;
IC 34-30-2-99.4.
Synopsis: Health professions bureau. Conference committee report for EHB 1437. Exempts the
health professions bureau (bureau) from paying a fee to obtain a limited criminal history record
when investigating the background of a license applicant. Authorizes a health professions board
to order a practitioner to submit to a physical or mental examination at the practitioner's expense
and to require a practitioner to pay the administrative law judge costs in a disciplinary hearing.
Adds an advanced practice nurse (APN) to the Indiana state board of nursing (board) and makes
other changes to make up of the board. Changes the quorum requirements for the board. Provides
that a license to practice podiatric medicine expires every two years. Requires the health
professions bureau to randomly audit APN practice agreements and sets forth parameters of the
audit. Requires rules concerning renewal of APN agreements. (This conference committee
report makes the following changes: (1) Removes prohibition that registered nurse
members of the board may not be APN's. (2) Amends audit procedures. (3) Requires rules
concerning renewal of APN agreements. (4) Adds civil immunity for providing patient
information to the bureau.)
Effective: July 1, 2003.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1437 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
of family and children or a county office of family and children if the
request is made as part of a background investigation of an applicant
for a license under IC 12-17.2 or IC 12-17.4.
(c) The department may not charge a fee for responding to a request
for the release of a limited criminal history if the request is made by a
school corporation, special education cooperative, or non-public school
(as defined in
IC 20-10.1-1-3
) as part of a background investigation of
an employee or adult volunteer for the school corporation, special
education cooperative, or nonpublic school.
(d) The department may not charge a fee for responding to a
request for the release of a limited criminal history record made by
the health professions bureau established by
IC 25-1-5-3
if the
request is:
(1) made through the computer gateway that is administered
by the intelenet commission under
IC 5-21-2
and known as
accessIndiana; and
(2) part of a background investigation of a practitioner or an
individual who has applied for a license issued by a board (as
defined in
IC 25-1-9-1
).
licensed practical nurses. One (1) member of the board, to represent the
general public, must be a resident of this state and not be associated
with nursing in any way other than as a consumer.
(b) (c) Each appointed board member may serve until the member's
successor has been appointed and qualified. Any vacancy occurring in
the membership of the board for any cause shall be filled by
appointment by the governor for the unexpired term. Members of the
board may be appointed for more than one (1) term. However, no
person who has served as a member of the board for more than six (6)
consecutive years may be reappointed. Reappointments of persons who
have served six (6) consecutive years as a member of the board may be
made after three (3) years have elapsed.
practical, and advanced practice nursing.
(B) Establish with the approval of the medical licensing board
created by
IC 25-22.5-2-1
requirements that advanced practice
nurses must meet to be granted authority to prescribe legend
drugs and to retain that authority.
(C) Establish, with the approval of the medical licensing
board created by
IC 25-22.5-2-1
, requirements for the
renewal of a practice agreement under section 19.4 of this
chapter, which shall expire on October 31 in each
odd-numbered year.
(10) Keep a record of all its proceedings.
(11) Collect and distribute annually demographic information on
the number and type of registered nurses and licensed practical
nurses employed in Indiana.
(12) Adopt rules and administer the interstate nurse licensure
compact under IC 25-23.2.
(b) The board may do the following:
(1) Create ad hoc subcommittees representing the various nursing
specialties and interests of the profession of nursing. Persons
appointed to a subcommittee serve for terms as determined by the
board.
(2) Utilize the appropriate subcommittees so as to assist the board
with its responsibilities. The assistance provided by the
subcommittees may include the following:
(A) Recommendation of rules necessary to carry out the duties
of the board.
(B) Recommendations concerning educational programs and
requirements.
(C) Recommendations regarding examinations and licensure of
applicants.
(3) Appoint nurses to serve on each of the ad hoc subcommittees.
(4) Withdraw from the interstate compact under IC 25-32.2.
IC 25-23.2.
(c) Nurses appointed under subsection (b) must:
(1) be committed to advancing and safeguarding the nursing
profession as a whole; and
(2) represent nurses who practice in the field directly affected by
a subcommittee's actions.
completion of a continuing education course or program the
advanced practice nurse attended during the previous two (2)
years.
(2) Requiring the advanced practice nurse and the licensed
practitioner who have entered into a practice agreement to
submit information on a form prescribed by the bureau that
must include a sworn statement signed by the advanced
practice nurse and the licensed practitioner that the parties are
operating within the terms of the practice agreement and the
requirements under this chapter or rules adopted by the board.
(3) Reviewing patient health records and other patient
information at the practice location or by requiring the
submission of accurate copies to determine if the parties are
operating within the terms of the practice agreement and the
requirements under this chapter or rules adopted by the board.
(4) After a reasonable determination that the advanced
practice nurse and the licensed practitioner who have entered
into a practice agreement are not operating within the terms
of the practice agreement, requiring the parties to appear
before the bureau or the bureau's designee to provide evidence
of compliance with the practice agreement.
(c) Not more than sixty (60) days after the completion of the
audit required in subsection (a), the bureau shall provide the board
with the following:
(1) A summary of the information obtained in the audit.
(2) A statement regarding whether an advanced practice nurse
and a licensed practitioner who have entered into a practice
agreement that is audited under subsection (a) are operating
within the terms of the practice agreement.
The bureau shall also provide a copy of the information described
in this subsection to the board that regulates the licensed
practitioner.
(d) The bureau may cause to be served upon the advanced
practice nurse an order to show cause to the board as to why the
board should not impose disciplinary sanctions under
IC 25-1-9-9
on the advanced practice nurse for the advanced practice nurse's
failure to comply with:
(1) an audit conducted under this section; or
(2) the requirements of a practice agreement under this
chapter.
(e) The board shall hold a hearing in accordance with IC 4-21.5
and state the date, time, and location of the hearing in the order
served under subsection (d).
(f) The board that regulates the licensed practitioner may cause
to be served upon the licensed practitioner an order to show cause
to the board as to why the board should not impose disciplinary
sanctions under
IC 25-1-9-9
on the licensed practitioner for the
licensed practitioner's failure to comply with:
(1) an audit conducted under this section; or
(2) the requirements of a practice agreement under this
chapter.
(g) The board that regulates the licensed practitioner shall hold
a hearing in accordance with IC 4-21.5 and state the date, time,
and location of the hearing in the order served under subsection (f).
(h) An order to show cause issued under this section must comply
with the notice requirements of IC 4-21.5.
(i) The licensed practitioner may divulge health records and
other patient information to the bureau or the bureau's designee.
The licensed practitioner is immune from civil liability for any
action based upon release of the patient information under this
section.
____________________________ ____________________________
Representative Welch Senator Riegsecker
Chairperson
____________________________ ____________________________
Representative Becker Senator Breaux
House Conferees Senate Conferees