SB 219-1_ Filed 04/27/2009, 17:06
Adopted 4/28/2009
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 219
Citations Affected: IC 16-38-5; IC 20-34.
Synopsis: Immunizations and student vision tests. Conference committee report for ESB 219.
Includes a physician's designee and a pharmacist's designee as persons who may provide
immunization data to the immunization data registry. Adds: (1) a provider's designee; (2) a child
placing agency; and (3) a college or university; as persons to whom the state department of health
may release information from the immunization data registry. Requires the state department of
health to establish a panel to study expanding access to the registry. Requires the state
department of health to adopt rules to require school age children to receive immunizations
against: (1) meningitis; (2) varicella; and (3) pertussis. Requires a school corporation's governing
body and superintendent to receive certain information about vision tests performed in the
schools. Requires school corporations to provide to the department of education certain
information concerning vision tests conducted by each school. Requires school corporations to
make and maintain records of requested waivers of the requirement to conduct certain vision
tests. Requires the state superintendent to make and maintain records of all actions taken by the
state superintendent concerning all requested waivers of the requirement to conduct certain
vision tests. (This conference committee report makes changes relating to the requirement
to report concerning vision tests, so that: (1) a school corporation's governing body and the
superintendent receive certain information concerning the tests; (2) a school corporation
is to report information for each school within the school corporation; (3) certain types of
information are to be reported concerning the vision tests conducted; and (4) reports are
to be made to the department of education instead of to the state department of health.)
Effective: July 1, 2009.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 219 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 16-38-5-2; (09)CC021902.1.1. -->
SECTION 1. IC 16-38-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) A provider,
a
physician's designee, or a pharmacist's designee may provide
immunization data to the immunization data registry in a manner
prescribed by the state department and for the purposes allowed under
this chapter unless:
(1) the patient; or
(2) the patient's parent or guardian, if the patient is less than
eighteen (18) years of age;
has completed and filed with the provider,
physician's designee, or
pharmacist's designee a written immunization data exemption form.
(b) The state department shall create and provide copies of
immunization data exemption forms to:
(1) providers who are:
(A) licensed under IC 25; and
(B) authorized within the provider's scope of practice to
administer immunizations; and
(2) individuals;
who request the form.
(c) The state department shall distribute to providers, upon request,
written information to be disseminated to patients that describes the
immunization data registry. The written information must include the
following:
(1) That the provider may report immunization data to the
immunization data registry.
(2) That the patient or the patient's parent or guardian, if the
patient is less than eighteen (18) years of age, has a right to
exempt disclosure of immunization data to the registry and may
prevent disclosure by signing an immunization data exemption
form.
(3) That the patient or the patient's parent or guardian, if the
patient is less than eighteen (18) years of age, may have the
individual's information removed from the immunization data
registry.
(4) Instructions on how to have the information removed.
SOURCE: IC 16-38-5-3; (09)CC021902.1.2. -->
SECTION 2. IC 16-38-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) Records
maintained as part of the immunization data registry are confidential.
(b) The state department may release an individual's confidential
information to the individual or to the individual's parent or guardian
if the individual is less than eighteen (18) years of age.
(c) Subject to subsection (d), the state department may release
information in the immunization data registry concerning an individual
to the following entities:
(1) The immunization data registry of another state.
(2) A provider or a provider's designee.
(3) A local health department.
(4) An elementary or secondary school that is attended by the
individual.
(5) A child care center that is licensed under IC 12-17.2-4 in
which the individual is enrolled.
(6) The office of Medicaid policy and planning or a contractor of
the office of Medicaid policy and planning.
(7) A child placing agency licensed under IC 31-27.
(8) A college or university (as defined in IC 21-7-13-10) that
is attended by the individual.
(d) Before immunization data may be released to an entity, the entity
must enter into an agreement with the state department that provides
that information that identifies a patient will not be released to any
other person without the written consent of the patient.
(e) The state department may release summary statistics regarding
information in the immunization data registry if the summary statistics
do not reveal the identity of an individual.
(f) The state department shall convene a panel to discuss
expanding access to the immunization data registry. The panel
must include at least one (1) representative of an insurance
organization and at least one (1) member of a health maintenance
organization. The state department shall submit the
recommendations of the panel to the legislative council by October
1, 2009, in an electronic format under IC 5-14-6.
SOURCE: IC 20-34-3-12; (09)CC021902.1.3. -->
SECTION 3. IC 20-34-3-12, AS ADDED BY P.L.1-2005,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 12. (a) For purposes of this section, "modified
clinical technique" means a battery of vision tests that includes:
(1) a visual acuity test to determine an individual's ability to see
at various distances;
(2) a refractive error test to determine the focusing power of the
eye;
(3) an ocular health test to determine any external or internal
abnormalities of the eye; and
(4) a binocular coordination test to determine if the eyes are
working together properly.
(b) The governing body of each school corporation shall conduct:
(1) an annual vision test, using the modified clinical technique, of
each student upon the student's enrollment in either kindergarten
or grade 1; and
(2) an annual screening test of the visual acuity of each student
enrolled in or transferred to grade 3 and grade 8 and of all other
students suspected of having a visual defect.
(c) Records of all tests shall be made and continuously maintained
by the school corporation to provide information useful in protecting,
promoting, and maintaining the health of students. The state
department of health and the state board shall adopt joint rules
concerning vision testing equipment, qualifications of vision testing
personnel, visual screening procedures, and criteria for failure and
referral in the screening tests based on accepted medical practice and
standards.
(d) The school corporation's governing body and the
superintendent shall receive the following information concerning
the tests conducted under this section:
(1) The number of students tested.
(2) The number of students who passed a test.
(3) The number of students who failed a test or were referred
for further testing.
(e) Each school corporation shall annually provide to the
department, for each school within the school corporation, the
following information concerning the tests conducted under this
section:
(1) Whether the tests were conducted at the school.
(2) If the tests were not conducted at the school, the reason for
not performing the tests.
(3) If the tests were conducted at the school, the number of
students tested.
(f) Not later than October 1, 2010, the department shall report
the information received from school corporations under
subsection (e) to the legislative council in electronic format under
IC 5-14-6.
SOURCE: IC 20-34-3-13; (09)CC021902.1.4. -->
SECTION 4. IC 20-34-3-13, AS ADDED BY P.L.1-2005,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 13. (a) If a school corporation is unable to comply
with section 12(b)(1) of this chapter, the governing body may, before
November 1 of a school year, request from the state superintendent a
waiver of the requirements of section 12(b)(1) of this chapter.
(b) The waiver request under subsection (a) must:
(1) be in writing;
(2) include the reason or reasons that necessitated the waiver
request; and
(3) indicate the extent to which the governing body attempted to
comply with the requirements under section 12(b)(1) of this
chapter.
(c) The state superintendent shall take action on the waiver request
not later than thirty (30) days after receiving the waiver request.
(d) The state superintendent may:
(1) approve the waiver request;
(2) deny the waiver request; or
(3) provide whatever relief that may be available to enable the
school corporation to comply with the requirements under section
12(b)(1)of this chapter.
(e) If the state superintendent approves the waiver request, the
governing body shall conduct an annual screening test of the visual
acuity of each student upon the student's enrollment in or transfer to
grade 1.
(f) The governing body of each school corporation shall make
and maintain records of all waivers requested by the governing
body under this section.
(g) The state superintendent shall make and continuously
maintain records of all actions taken by the state superintendent
concerning all waivers requested under this section.
SOURCE: IC 20-34-4-2; (09)CC021902.1.5. -->
SECTION 5. IC 20-34-4-2, AS ADDED BY P.L.1-2005, SECTION
18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2009]: Sec. 2. (a) Every child residing in Indiana shall be immunized
against:
(1) diphtheria;
(2) pertussis (whooping cough);
(3) tetanus;
(4) measles;
(5) rubella;
(6) poliomyelitis; and
(7) mumps.
(b) Every child residing in Indiana who enters kindergarten or grade
1 shall be immunized against hepatitis B and chicken pox.
(c) The state department of health shall adopt rules under
IC 4-22-2 to require school age children to receive additional
immunizations against the following:
(1) Meningitis.
(2) Varicella.
(3) Pertussis (whooping cough).
The additional immunizations required under the rules shall
include an immunization booster if considered appropriate by the
state department.
(c) (d) The state department of health may expand or otherwise
modify the list of communicable diseases that require documentation
of immunity as medical information becomes available that would
warrant the expansion or modification in the interest of public health.
(d) (e) The state department of health shall adopt rules under
IC 4-22-2 specifying the:
(1) required immunizations;
(2) child's age for administering each vaccine;
(3) adequately immunizing doses; and
(4) method of documentation of proof of immunity.
(Reference is to ESB 219 as reprinted April 3, 2009.)
Conference Committee Report
on
Engrossed Senate Bill 219
Text Box
S
igned by:
____________________________ ____________________________
Senator GardRepresentative Brown C
Chairperson
____________________________ ____________________________
Senator SipesRepresentative Frizzell
Senate Conferees House Conferees