HOUSE BILL No. 1473
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2; IC 16-41-9.5.
Synopsis: Biomonitoring program. Requires the state department of
health to establish a biomonitoring program to identify and assess the
concentration of toxic chemicals in the bodies of individuals.
Establishes a biomonitoring advisory panel. Requires the state
department of health to issue reports to the general assembly and post
certain information on an Internet web site.
Effective: July 1, 2007.
January 23, 2007, read first time and referred to Committee on Technology, Research and
First Regular Session 115th General Assembly (2007)
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HOUSE BILL No. 1473
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-18-2-36.3; (07)IN1473.1.1. -->
SECTION 1. IC 16-18-2-36.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 36.3. "Biomonitoring", for
purposes of IC 16-41-9.5, has the meaning set forth in
SOURCE: IC 16-18-2-336.5; (07)IN1473.1.2. -->
SECTION 2. IC 16-18-2-336.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 336.5. "Specimen", for purposes
of IC 16-41-9.5, has the meaning set forth in IC 16-41-9.5-2.
SOURCE: IC 16-41-9.5; (07)IN1473.1.3. -->
SECTION 3. IC 16-41-9.5 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]:
Chapter 9.5. Biomonitoring Program
Sec. 1. As used in this chapter, "biomonitoring" means
identifying and assessing the concentration of toxic chemicals and
their metabolites in an individual's body to determine the
accumulation of pollutants in the individual.
Sec. 2. As used in this chapter, "specimen" means a sample of
a substance that is part of or present in the human body, including
blood, bone, umbilical cord blood, meconium, fat, hair, milk, saliva,
Sec. 3. (a) The state department, with assistance from the
department of environmental management and the federal Centers
for Disease Control and Prevention, shall establish a biomonitoring
program to gather specimens to identify and assess the
concentration of toxic chemicals in individuals.
(b) The biomonitoring program must include the gathering of
specimens from individuals from certain populations, which may
be selected for inclusion in the program based on any or all of the
(2) Similar occupations.
(3) A common chemical exposure.
(4) A common health outcome that may be linked to chemical
(5) Possible similar chemical exposures because of
comparable consumption, lifestyle, or product preferences.
(6) Other factors determined by the state department.
(c) The state department shall develop a list of toxic chemicals
that have been scientifically demonstrated to cause or contribute
to an increase in serious illness or death in humans.
Sec. 4. The state department, with assistance from the
department of homeland security, the federal Department of
Homeland Security, and the federal Centers for Disease Control
and Prevention, shall include in the biomonitoring program
established under this chapter components that will assist in
monitoring for and responding to chemical or biological attacks.
Sec. 5. Individuals who participate in the biomonitoring
program established under this chapter must:
(1) volunteer to participate; and
(2) if necessary, receive consultation from the state
department or a health care provider, including consultation
(A) test results;
(B) health care referrals;
(C) appropriate educational materials concerning chemical
(D) available state and local resources.
Sec. 6. (a) The biomonitoring advisory panel is established. The
panel consists of the following:
(1) Eight (8) members appointed for a three (3) year term by
(2) The state health commissioner or the commissioner's
designee, who is not a voting member of the panel.
(b) The members appointed under subsection (a)(1) must
include individuals who have expertise in public health,
environmental science, environmental health, epidemiology,
biology, toxicology, and endocrinology. At least three (3) members
appointed under subsection (a)(1) must be physicians.
(c) The commissioner or the commissioner's designee shall serve
as chairperson of the panel. The state department and the
department of environmental management shall provide staff
support for the panel. The panel shall meet at the call of the
chairperson, but not less than two (2) times per year.
(d) The panel shall do the following:
(1) Make recommendations concerning the design of the
(2) Review program priorities, protocols, reports, and
outreach materials, including the following:
(A) The selection of certain chemicals and communities as
priorities for biomonitoring.
(B) The dissemination of findings and reports to
participants, the general assembly, and the public.
(e) A member of the panel appointed under subsection (a)(1) is
not entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b) but 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
Sec. 7. (a) In January of every odd-numbered year, beginning in
2011, the state department shall submit to the general assembly in
an electronic format under IC 5-14-6 a report of its activities in
conducting the biomonitoring program under this chapter. The
report must include any recommendations of the state department
or the biomonitoring advisory panel to improve the program under
(b) The state department shall maintain an Internet web site
(1) the reports required under subsection (a);
(2) summaries of all health and toxic chemical exposure data
collected under this chapter; and
(3) an explanation of the biomonitoring program and its
Sec. 8. Information that is gathered or produced by the
biomonitoring program and that could identify an individual is
confidential for purposes of IC 5-14-3-4(a)(1) unless the individual
consents in writing to the release of the information.
Sec. 9. The state department may adopt rules under IC 4-22-2
to administer this chapter.
SOURCE: ; (07)IN1473.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2007] (a) The governor shall
appoint the eight (8) members of the biomonitoring advisory panel
under IC 16-41-9.5-6(a), as added by this act, before July 1, 2008.
Notwithstanding IC 16-41-9.5-6, as added by this act, the
appointments under this SECTION must be as follows:
(1) Two (2) members whose terms expire July 1, 2009.
(2) Three (3) members whose terms expire July 1, 2010.
(3) Three (3) members whose terms expire July 1, 2011.
In making the appointments under this SECTION, the governor
shall indicate whether each appointee is appointed under
subdivision (1), (2), or (3).
(b) While establishing the biomonitoring program under
IC 16-41-9.5, as added by this act, the state department of health
shall consider the scientific methods used by the federal Centers
for Disease Control and Prevention's National Reports on Human
Exposure to Environmental Chemicals.
(c) This SECTION expires July 1, 2011.