Citations Affected: IC 16-18; IC 16-38.
Synopsis: Birth problems registry and cancer registry. Allows the state
department of health to record certain nonmalignant tumors and
diseases in the cancer registry. Requires ambulatory outpatient surgical
centers and health facilities to report to the cancer registry. Changes the
date by which the state department must publish an annual report to
December 31. Includes pervasive developmental disorders and fetal
alcohol spectrum disorders as birth problems and requires these
disorders to be recorded in the birth problems registry if recognized in
a child before the child is five years of age. Changes the age at which
a birth problem may be recognized and recorded in the birth problems
registry for other disorders until the child is three years of age.
Effective: July 1, 2004.
January 6, 2004, read first time and referred to Committee on Health and Provider
January 15, 2004, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
SECTION 1. IC 16-18-2-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 14. "Ambulatory
outpatient surgical center", for purposes of IC 16-21 and IC 16-38-2,
means a public or private institution that meets the following
(1) Is established, equipped, and operated primarily for the purpose of performing surgical procedures and services.
(2) Is operated under the supervision of at least one (1) licensed physician or under the supervision of the governing board of the hospital if the center is affiliated with a hospital.
(3) Permits a surgical procedure to be performed only by a physician, dentist, or podiatrist who meets the following conditions:
(A) Is qualified by education and training to perform the surgical procedure.
(B) Is legally authorized to perform the procedure.
(C) Is privileged to perform surgical procedures in at least one
(1) hospital within the county or an Indiana county adjacent to
the county in which the ambulatory outpatient surgical center
(D) Is admitted to the open staff of the ambulatory outpatient surgical center.
(4) Requires that a licensed physician with specialized training or experience in the administration of an anesthetic supervise the administration of the anesthetic to a patient and remain present in the facility during the surgical procedure, except when only a local infiltration anesthetic is administered.
(5) Provides at least one (1) operating room and, if anesthetics other than local infiltration anesthetics are administered, at least one (1) postanesthesia recovery room.
(6) Is equipped to perform diagnostic x-ray and laboratory examinations required in connection with any surgery performed.
(7) Does not provide accommodations for patient stays of longer than twenty-four (24) hours.
(8) Provides full-time services of registered and licensed nurses for the professional care of the patients in the postanesthesia recovery room.
(9) Has available the necessary equipment and trained personnel to handle foreseeable emergencies such as a defibrillator for cardiac arrest, a tracheotomy set for airway obstructions, and a blood bank or other blood supply.
(10) Maintains a written agreement with at least one (1) hospital for immediate acceptance of patients who develop complications or require postoperative confinement.
(11) Provides for the periodic review of the center and the center's operations by a committee of at least three (3) licensed physicians having no financial connections with the center.
(12) Maintains adequate medical records for each patient.
(13) Meets all additional minimum requirements as established by the state department for building and equipment requirements.
(14) Meets the rules and other requirements established by the state department for the health, safety, and welfare of the patients.
SECTION 2. IC 16-38-2-1, AS AMENDED BY P.L.93-2001, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. (a) The state department shall establish a cancer registry for the purpose of:
(A) all cases of malignant disease ; and
(B) other tumors and precancerous diseases required to be
(i) federal law or federal regulation; or
(ii) the National Program of Cancer Registries;
that are diagnosed or treated in Indiana; and
(2) compiling necessary and appropriate information concerning those cases, as determined by the state department;
in order to conduct epidemiologic surveys of cancer and to apply appropriate preventive and control measures.
(b) The department may contract for the collection and analysis of, and the research related to, the epidemiologic data compiled under this chapter.
SECTION 3. IC 16-38-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. (a) The following persons shall report to the cancer registry each confirmed case of cancer
to the cancer registry: and other tumors and precancerous
diseases required to be recorded under section 1 of this chapter:
(4) Medical laboratories.
(5) Ambulatory outpatient surgical centers.
(6) Health facilities.
(b) A person required to report information to the state cancer registry under this section may utilize, when available:
(1) information submitted to any other public or private cancer registry; or
(2) information required to be filed with federal, state, or local agencies;
when completing reports required by this chapter. However, the state department may require additional, definitive information.
SECTION 4. IC 16-38-2-11, AS ADDED BY P.L.93-2001, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 11. Not later than
July 1 December 31 of each
year, the department shall publish and make available to the public an
annual report summarizing the information collected under this chapter
during the previous calendar year.
SECTION 5. IC 16-38-4-1, AS AMENDED BY P.L.93-2001, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. As used in this chapter, "birth problems" means one (1) or more of the following conditions:
(1) A structural deformation.
(2) A developmental malformation.