Second Regular Session 113th General Assembly (2004)
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,
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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SENATE ENROLLED ACT No. 41
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-18-2-84 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 84. "Council" refers to
the following:
(1) For purposes of IC 16-21, the hospital council.
(2) For purposes of IC 16-25 and IC 16-27, the home health
care services and hospice services council.
(3) For purposes of IC 16-28 and IC 16-29, the Indiana health
facilities council.
(3) (4) For purposes of IC 16-46-6, the interagency state council
on black and minority health.
SECTION 2. IC 16-18-2-96, AS AMENDED BY P.L.2-2003,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 96. (a) "Director", for purposes of IC 16-19-13,
refers to the director of the office of women's health established by
IC 16-19-13.
(b) "Director", for purposes of IC 16-27, means the individual
acting under the authority of and assigned the responsibility by the
state health commissioner to implement IC 16-27.
(c) "Director", for purposes of IC 16-28, IC 16-29, and IC 16-30,
means the individual acting under the authority of and assigned the
responsibility by the state health commissioner to implement IC 16-28,
IC 16-29, and IC 16-30.
(c) (d) "Director", for purposes of IC 16-31, refers to the director of
the state emergency management agency established under
IC 10-14-2-1.
(d) (e) "Director", for purposes of IC 16-35-2, refers to the director
of the program for children with special health care needs.
SECTION 3. IC 16-18-2-97 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 97. "Division" means
the following:
(1) For purposes of IC 16-22-8, the meaning set forth in
IC 16-22-8-3.
(2)
For purposes of IC 16-27, a group of individuals under the
supervision of the director within the state department
assigned the responsibility of implementing IC 16-27.
(3) For purposes of IC 16-28, a group of individuals under the
supervision of the director within the state department assigned
the responsibility of implementing IC 16-28.
(3) (4) For purposes of IC 16-41-40, the meaning set forth in
IC 16-41-40-1.
SECTION 4. IC 16-25-3-2.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]:
Sec. 2.5. The state department shall administer this
chapter with the advice of the home health care services and
hospice services council established by IC 16-27-0.5-1.
SECTION 5. IC 16-27-0.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]:
Chapter 0.5. Home Health Care Services and Hospice Services
Council
Sec. 1. (a) The home health care services and hospice services
council is established.
(b) The council consists of sixteen (16) members as follows:
(1) One (1) licensed physician experienced in home health
care.
(2) One (1) licensed physician with certification in hospice and
palliative medicine.
(3) Four (4) individuals as follows:
(A) One (1) individual engaged in the administration of a
nonhospital based home health agency.
(B) One (1) individual engaged in the administration of a
hospital based home health agency.
(C) One (1) individual engaged in the administration of:
(i) a nonhospital based hospice; or
(ii) a hospice licensed under IC 16-25-3 that provides
in-patient care.
(D) One (1) individual engaged in the administration of a
hospital based hospice.
(4) One (1) registered nurse who is licensed under IC 25-23
and experienced in home health care.
(5) One (1) registered nurse who is licensed under IC 25-23
with certification in hospice and palliative medicine.
(6) One (1):
(A) physical therapist licensed under IC 25-27;
(B) occupational therapist certified under IC 25-23.5; or
(C) speech-language pathologist licensed under IC 25-35.6;
experienced in home health care.
(7) One (1) citizen having knowledge of or experience in
hospice care.
(8) One (1) citizen having knowledge of or experience in home
health agency care.
(9) One (1) registered pharmacist who is licensed under
IC 25-26 with experience in hospice and palliative medicine.
(10) One (1) respiratory care practitioner who is licensed
under IC 25-34.5 and experienced in home care.
(11) One (1) individual who is a bereavement counselor with
experience in hospice care.
(12) The commissioner or the commissioner's designee.
(13) The secretary of family and social services or the
secretary's designee.
(c) The governor shall appoint the members of the council
designated by subsection (b)(1) through (b)(11).
(d) Except for the members of the council designated by
subsection (b)(12) through (b)(13), all appointments are for four (4)
years. If a vacancy occurs, the appointee serves for the remainder
of the unexpired term. A vacancy shall be filled from the same
group that was represented by the outgoing member.
(e) Except for the members of the council designated by
subsection (b)(3), a member of the council may not have a
pecuniary interest in the operation of or provide professional
services through employment or under contract to a home health
agency licensed under this article or a hospice licensed under
IC 16-25.
Sec. 2. (a) The state department shall pay the expenses of the
council.
(b) A member of the council who is not a state employee is
entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). A member is entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties,
as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
(c) Each member of the council who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 3. The governor shall appoint one (1) council member to
serve as chair and one (1) council member to serve as vice chair.
Sec. 4. The director serves as secretary to the council.
Sec. 5. (a) The council shall meet at least four (4) times a year.
(b) Special meetings of the council shall be called by the chair
upon the written request of four (4) members of the council.
Sec. 6. (a) Nine (9) members of the council constitute a quorum
for the transaction of all business of the council. The affirmative
votes of a majority of the voting members appointed to the council
are required for the council to take action on any measure.
(b) The council shall establish procedures to govern the
council's deliberations.
Sec. 7. Subject to the rulemaking authority granted in IC 16-25
and IC 16-27, the council shall do the following:
(1) Propose the adoption of rules by the state department
under IC 4-22-2 governing the following:
(A) Health and sanitation standards necessary to protect
the health, safety, security, rights, and welfare of home
health care patients and hospice patients.
(B) Qualifications of applicants for licenses issued under
IC 16-25 and IC 16-27.
(2) Recommend to other state agencies or governing bodies
rules necessary to protect the health, safety, security, rights,
and welfare of home health care patients and hospice patients.
(3) Act as an advisory body for the division, state health
commissioner, and state department.
Sec. 8. The council may recommend interpretive guidelines
when necessary to assist a home health agency or hospice in
meeting the requirements of a rule.
Sec. 9. (a) The state department may request the council to
propose a new rule or an amendment to a rule necessary to protect
the health, safety, rights, and welfare of the home health care
patients and hospice patients. If the council does not propose a rule
within ninety (90) days after the state department's request, the
state department may propose the rule.
(b) The executive board shall consider rules proposed by the
council under this section and section 7 of this chapter. The
executive board may adopt, modify, remand, or reject specific
rules or parts of rules proposed by the council.
(c) To become effective, all rules proposed by the council under
this chapter must be adopted by the executive board in accordance
with IC 4-22-2.